Legislator Case Law & Legislation
BS-561/2007-ESB ECLI:DK:ESB:2025:BS0000000151 AI generated

Court dismisses divorce petition where mutual agreement on property division lacks required written form.

Case Number BS-561/2007-ESB
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's divorce petition because the parties failed to execute a written agreement on the division of property as required by law. Although the parties verbally agreed to separate and divide assets, Danish law mandates that such agreements must be in writing to be valid. Consequently, the court ruled that the lack of a written instrument rendered the property division invalid, preventing the divorce from being finalized.

Legislator headnote

AI generated

Section 1, Section 2 of the Act on Divorce and Separation; A divorce agreement regarding property division must be executed in writing to be valid, and a verbal agreement alone does not satisfy this statutory requirement.

Keywords

AI generated
divorce agreement property division written form requirement verbal agreement invalidity separation agreement

Cited Legislation

AI generated
Section 1 of the Act on Divorce and Separation
Section 2 of the Act on Divorce and Separation
AI generated

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Full text

Sag om skilsmisse og spørgsmålet om gyldigheden af en ægtepagt om skilsmissesæreje