12-06-2020

THE REFLECTION PERIOD AND MANDATORY SHARED RESIDENCE IN DIVORCE CASES ARE ABOLISHED FROM 1st OF JULY 2020

On 29 April 2020, the Danish Ministry of Social Affairs and the Interior introduced a bill proposing the abolition of the mandatory shared residence arrangement and the three-month reflection period. If adopted, the proposal would allow spouses who agree to divorce and agree on the terms of their divorce to obtain a divorce without having to wait three months. The proposal follows criticism from professionals working with children in separated families and addresses the practical challenges created by the existing rules.

Mandatory Shared Residence and the Reflection Period

On 1 April 2019, Denmark introduced a new family law system consisting of the Danish Family Law Agency (Familieretshuset) and the Family Court. As part of this reform, a mandatory shared residence arrangement and a three-month reflection period were introduced. The purpose of these measures was to protect children from the consequences of separation and divorce.

However, professionals working with children in separated families have criticised these measures from a child welfare perspective. They have argued that the rules do not achieve their intended purpose where parents have mutually agreed to end their relationship as quickly as possible. Instead, they may unnecessarily prolong and intensify conflicts between parents, to the detriment of their children.

The rules have also created practical difficulties. Parents are often unable to secure new housing until they know their future family and financial circumstances. In some cases, couples have felt compelled to continue living together despite a high level of conflict while waiting to initiate proceedings concerning the child's residence and obtain a decision.

The Impact of the Proposed Changes

The bill therefore proposes abolishing both measures in the interests of the child. Removing these requirements will allow parents to resolve their situation more quickly following a separation, thereby reducing conflict and benefiting their children.

The abolition of mandatory shared residence will also mean that parents who disagree about where their child should live after separation can immediately seek assistance from the Danish Family Law Agency to resolve the dispute.

Likewise, abolishing the reflection period will once again enable spouses with children under the age of 18 who agree on the divorce and its terms to obtain a divorce immediately after submitting their application, without having to state any specific grounds. The divorce can therefore be granted through a digital application process.

The proposal does, however, retain the existing support services for parents, including digital learning programmes and counselling sessions. Parents going through a divorce will therefore continue to have access to guidance and support in dealing with both their own and their children's situation.

Entry into Force

According to the proposal, the abolition of the mandatory shared residence arrangement and the reflection period should take effect immediately upon the legislation entering into force on 1 July 2020. The new rules are also intended to apply to parents who separated within the three months preceding the commencement date and to spouses with children under the age of 18 who applied for a direct divorce during the same period.