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Same-sex marriage in Denmark: the process and recognition

Same-sex marriage in Denmark: legal since 2012, the same documents as for every couple. How Germany, Austria and Switzerland recognise the marriage.

Alexander Koltman8 Min readUpdated November 2026

In short

Yes. Since 15 June 2012 the Danish Marriage Act also applies to two people of the same sex, with the same application, the same documents and the same fee as for every couple. Germany (since 1 October 2017), Austria (since 1 January 2019) and Switzerland (since 1 July 2022) recognise it as a marriage. If you are already registered partners, you usually convert the partnership at home.

As of

Contents· 6 sections
  1. 01Since when can same-sex couples marry in Denmark?
  2. 02Does the same procedure apply to you?
  3. 03Is the marriage recognised in Germany, Austria and Switzerland?
  4. 04Your partner comes from a country without same-sex marriage
  5. 05A church wedding in the Church of Denmark
  6. 06Which municipality suits you?

Yes, same-sex couples can marry in Denmark, even if neither of you lives there. Since 15 June 2012 the Danish Marriage Act expressly applies to two people of the same sex. You file the same application, need the same documents and pay the same fee as every other couple. Germany, Austria and Switzerland recognise the marriage as a marriage.

Since when can same-sex couples marry in Denmark?

Since 15 June 2012. On that day Act No. 532 of 12 June 2012 came into force. Since then, § 1 of the Danish Marriage Act reads: the Act applies to marriage between two people of different sexes and between two people of the same sex. There is no special procedure: you marry under the same rules as every couple. The Church of Denmark has also married same-sex couples since 2012; more on that below.

Does the same procedure apply to you?

Yes. For couples not resident in Denmark, Familieretshuset checks whether the requirements of the Danish Marriage Act are met and then issues the marriage approval, the prøvelsesattest. For same-sex couples the steps are exactly the same (as of 03.11.2026):

StepWhat applies
ApplicationOnline to Familieretshuset; fee DKK 2,100 (about €281), not refunded if the application is refused
DocumentsPassport or ID card, proof of lawful stay; if you have been married or in a registered partnership before, proof that it has ended
ProcessingComplete applications usually within 5 working days
Validity4 months from issue
Sham marriage checkAs for every couple; what counts is explained in our guide Proof of relationship and the sham marriage check
CeremonyAt the town hall of the municipality, usually 15 to 20 minutes, with two witnesses; the procedure is shown in our guide The wedding ceremony in Denmark

Your lawful stay on the wedding day is checked too; how to prove it since the EES is in our guide EES proof of legal stay. Which documents your case needs exactly is shown in our guide Documents for the wedding in Denmark and by our free eligibility check. Our packages and prices are the same for all couples.

Is the marriage recognised in Germany, Austria and Switzerland?

Yes, as a marriage in all three countries. Marriage equality started there on different dates, and existing partnerships have their own rules:

CountryMarriage equality sinceYour Danish marriageExisting partnership
Germany1 October 2017Recognised; its formation is governed by Danish law (Art. 17b (4) EGBGB). Registering it in Germany is optional.No new registered partnerships since 1 October 2017; conversion into a marriage at the registry office (§ 20a LPartG)
Austria1 January 2019Recognised; if one partner's national law does not allow the marriage because of sex, the law of the country of marriage applies (§ 17 (1a) IPR-Gesetz). Reporting it for the Central Civil Status Register is mandatory.We have not found a statutory conversion procedure; clarify the route with your civil status authority first
Switzerland1 July 2022Same-sex marriages concluded abroad have counted as marriages since 1 July 2022. You report it via the Swiss representation.No new registered partnerships since 1 July 2022; conversion by joint declaration, without a deadline

Germany

Since 1 October 2017, § 1353 BGB reads: marriage is entered into for life by two people of different or the same sex. Since that day no new registered partnerships (Lebenspartnerschaften) can be formed; existing ones can be converted into a marriage (German Bundestag). For same-sex marriages from abroad, Art. 17b (4) EGBGB refers the formation to the law of the state that registered the marriage, here Denmark. A marriage validly concluded in Denmark is therefore valid even if your partner's national law does not recognise same-sex marriage. For German authorities the certificate needs no apostille; more in our guide Recognition in Germany.

Austria

On 4 December 2017 the Constitutional Court struck down the restriction of marriage to couples of different sexes; since 1 January 2019 same-sex couples can also marry in Austria (VfGH). Since 1 August 2019, § 17 (1a) IPR-Gesetz provides: if the national law of one or both partners does not allow the marriage because of sex, the requirements are governed by the law of the state where the marriage takes place. Austrian citizens must report the marriage for the Central Civil Status Register; how this works is explained in our guide Recognition in Austria.

Switzerland

Since 1 July 2022 marriage in Switzerland has been open to all couples, and there are no new registered partnerships. Same-sex marriages concluded abroad have been recognised as marriages since then and entered as such in the register; marriages concluded abroad before that date were only recorded as registered partnerships and can be updated on request through the cantonal supervisory authority (Federal Office of Justice). You report the Danish marriage yourselves via the Regional Consular Centre in Stockholm; the details are in our guide Recognition in Switzerland.

Already registered partners?

Then you usually do not marry in Denmark but convert your partnership at home. According to the Danish marriage guidance (point 2.10), two people who are already married or registered partners with each other cannot marry each other again, whether the partnership was formed in Denmark or abroad. The only exception is if Denmark does not recognise the foreign partnership.

  • Germany: you both declare in person and at the same time before the registrar that you wish to be married to each other; the partnership then continues as a marriage (§ 20a LPartG).
  • Switzerland: you make a joint conversion declaration at any civil registry office or, if you live abroad, at the Swiss representation; there is no deadline. This also works for a German Lebenspartnerschaft, which Switzerland recognises as equivalent.
  • Austria: clarify with your civil status authority beforehand which route applies to you.
A partnership with someone elseIf a marriage or registered partnership with another person still exists, you may not marry in Denmark (§ 9 of the Marriage Act). It must be dissolved first, and you document this in the application as with a divorce; which documents you need is in our guide Divorced: a second wedding in Denmark.

Your partner comes from a country without same-sex marriage

For the wedding in Denmark this is no obstacle: Familieretshuset checks the requirements of the Danish Marriage Act, and you do not need a certificate of no impediment from the home country; why is explained in our guide Marrying without a certificate of no impediment. Whether documents from the country of origin need an apostille or legalisation is shown on our page Rules by country of origin.

At home in Germany and Austria the marriage is valid in this case too, as described above. Things may look different in your partner's home country:

  • The state may not recognise the marriage. Your partner may then still be considered single there, and the authorities there do not record the marriage.
  • In some states same-sex relationships are even a criminal offence. The German Foreign Office's travel and safety advice has a separate section on this for many countries; read it before every trip together.
  • If you later both live in a country without comparable marriage law, a Danish court can deal with a separation or divorce if you married in Denmark (Retsplejeloven § 448 f (2), quoted in the marriage guidance).

How a particular state treats the marriage differs from country to country and can change. Get advice for your individual case, for example from a lawyer experienced in family or immigration law. If your partner is to move to Germany after the wedding, the same rules apply to your marriage as to all married couples; the route is described in our guide Family reunification after the wedding in Denmark.

A church wedding in the Church of Denmark

The Church of Denmark (Folkekirken) has married same-sex couples since 2012, and according to folkekirken.dk they have the same access as all couples. The condition is the same as for every couple: one of you must be a member of the Church of Denmark; the Protestant churches in Germany, Austria and Switzerland do not count for this. A priest may decline the ceremony on theological grounds; the dean (provst) then finds another priest. Couples who are married in a civil ceremony can also have their marriage blessed in church.

Who may marry in the Church of Denmark and what applies to Catholic and other communities is explained in our guide Church wedding in Denmark. Without membership, you marry in a civil ceremony and celebrate at home afterwards; ideas in our guide A church or symbolic wedding later.

Which municipality suits you?

The Marriage Act applies equally in every Danish municipality, so you do not need to look for a special one. What matters are the same questions as for every couple: on which days the municipality marries couples not resident in Denmark, whether it provides the witnesses, whether the ceremony can be in English or German, and how far you have to travel. An overview of the rules of many municipalities is on our page Wedding venues and their rules; details on Copenhagen are on our page Getting married in Copenhagen, and the places near the German border in our guide Marrying near the border. What to do after the wedding is shown in our guide Married in Denmark: what now?

Sources


Frequently asked questions

What couples often ask about this topic.

Can same-sex couples from abroad marry in Denmark?
Yes. Since 15 June 2012 the Danish Marriage Act expressly also applies to two people of the same sex. You do not need to live in Denmark; like every couple from abroad, you apply to Familieretshuset for the marriage approval (prøvelsesattest).
Do same-sex couples need different documents?
No. The application, documents, the fee of DKK 2,100 (about €281) and processing are the same as for every couple. If you have been married or in a registered partnership before, you document that it has ended, like everyone else.
Is a same-sex marriage from Denmark recognised in Germany?
Yes. Since 1 October 2017 two people of the same sex can marry in Germany (§ 1353 BGB). Its formation is governed by the law of the state that registered the marriage, here Denmark (Art. 17b (4) EGBGB). Registering it in Germany is optional.
Is the marriage recognised in Austria?
Yes. Since 1 January 2019 same-sex couples can also marry in Austria. If one partner's national law does not allow the marriage because of sex, § 17 (1a) of the Austrian Private International Law Act applies the law of the country where the marriage takes place. Austrian citizens must report the marriage for the Central Civil Status Register.
Is the marriage recognised in Switzerland?
Yes. Since 1 July 2022, same-sex marriages concluded abroad are recognised in Switzerland as marriages and entered as such in the register. You report it yourselves, via the Regional Consular Centre in Stockholm.
We are already registered partners. Can we marry in Denmark?
Usually not: according to the Danish marriage guidance, two people who are already married or registered partners with each other cannot marry each other again, provided Denmark recognises the partnership. A German Lebenspartnerschaft is converted at the registry office (§ 20a LPartG); in Switzerland by a joint declaration at the civil registry office.
My partner is from a country without same-sex marriage. Is it still possible?
In Denmark, yes: Familieretshuset checks the requirements of the Danish Marriage Act. Germany and Austria recognise the marriage in that case too. Your partner's home country may ignore the marriage, however, and in some states same-sex relationships are a criminal offence. Check the travel advice and get advice for your individual case.
Can we have a church wedding in Denmark?
In the Church of Denmark, yes, if one of you is a member; same-sex couples have had the same access since 2012. A priest may decline on theological grounds; the dean then finds another priest. Membership of a church at home is not enough.
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