Important question on goods division after divorce

[Gianni]

Hello!
I’m an EU citizen in need for your help and here’s my situation:
In 2014 my wife and I left my homeland to live in Denmark. At that time she was only an extra-UE citizen; she acquired my own citizenship 1.5 year ago, deciding then to take even my surname.
The last summer I was in a 3-month internship period in an EU country (I was studying here in Denmark) and when I came back I found her in a deep metamorphosis: concerning her look, her emotions, her way of thinking and doing and her behaviour toward our relation. Quite shocked, I had a long talk with her, discovering that she had committed adultery (more than once) during that time and all she wanted now, was the divorce.
In Denmark we are living in a modest apartment bought from the very beginning with the money my father left me when passed away (few years ago). And now according to Danish laws we have to share it in value - if I'm not wrong.

Thus my questions are:
1) if we must share the apartment and other goods, should then be the same with the money we have on our respective bank accounts?
2) How about my second name she's keeping? For I don't want her to still keep it.

Thanks in advance for your kind help!

PS. We have no children.

[mh1]

In order to answer I need an answer from you:
Were you living together as married in your country, before moving to Denmark?

[Gianni]

Yes, for almost five years. In addition, with no problems or doubts. Situation that changed gradually on her behalf after the sad event of a painful miscarriage.

Thanks for your kind answer!

[mh1]

Then whether you will have to share your assets will depend on the matrimonial property regime in YOUR home country (such is the Danish conflict-of-law-rule, when there is no pre-nup).

You cannot do anything about her keeping your surname. It is entirely up to her.

If you married abroad, be aware that a Danish divorce is NOT automatically valid in other countries, except for the other Nordic countries. You will have to have it accepted by the authorities in your home country, and the country you got married in if it was not the same as your home country. You may even have to repeat the divorce there.

[Gianni]

You're confirming me what a retired lawyer has answered me; but as yours is much more exhaustive answer, I'd be very grateful if you can give an answer for the two following questions:

1) Could it be a problem the fact that the apartment I bought here in Denmark (we're still living under the same roof) is bearing both my and her name? Although the money came from my non-Danish account and this is easily traceable.

2) There's an online form (concerning the divorce) to be filled up on Statsforvaltningen.dk and as we're not agreeing on the division of goods, I don't know whether to fill it up or not. What's your advice?

3) Any approximate prediction on time and expenses to solve this, if the case is entrusted to a local lawyer?

[mh1]

It is not necessary to agree on division of assets in order to get divorced. If you do not agree on that point, you have to apply to the probate court.

When you both are registered as owners, if your wife is not willing to give up her share, then yes, it could be a problem. The title deed is what counts. It will count as a gift from you to her, which when it was given should have been registered with a nuptial agreement. I cannot offhand say whether the lack of registration poses a problem in itself.

It will cost 400 DKK to apply to the probate court. You will be called in for a sort of mediation meeting, and if you cannot find an amicable solution, the probate judge will refer you to an experienced expert lawyer, who can advice you on the law and try to solve your dispute. This is all covered by the fee of 400 DKK.

If you choose to be assisted by an attorney, you will have to pay for this attorney yourself.

There will be an additional fee, the size of which depends on the value of the disputed assets.

You should expect that the process will take about three months. Add a month for the annual court summer holiday.

[Gianni]

You've framed all very clearly!
Can you give me a last clue on the probate court, please? Ho can I contact it? And can the probate court handle the division of our assets as well?

[mh1]

The probate court not only can handle the division of assets, it is what they are there for.

In order to find the one you need to apply to, go to domstol.dk and search for your city. Then you will find the adress for the ordinary court(s) as well as for the probate court; they are often not in the same building as the other courts.

[Gianni]

As my town is not there, the nearest available is Kolding. In the "Genveje til dig der er" space, what should I pick? "Advokat"?
Sorry MH, I'm really bad with this sort of things!

[mh1]

It doesn’t apply.
Go here and call them on the phone to ask where the probate court is (SKIFTERETTEN):
http://www.domstol.dk/kolding/Praktiske ... fault.aspx

In Kolding it may be at the courthouse.

But you should initiate the divorce procedure at Statsforvaltningen first, before applying to the probate court.
https://www.statsforvaltningen.dk/site.aspx?p=6388

[Gianni]

You've been immensely helpful to me, many thanks!