If you want to marry again after the death of your spouse, you can do so in Denmark without special hurdles. Above all you need the death certificate. There is no waiting period, and the Danish estate rule only concerns estates administered in Denmark. What you should consider beforehand is mainly what the new marriage changes at home, for example for a widow's pension.
Which documents you need as a widowed person
For the Danish marriage approval, the prøvelsesattest, Familieretshuset checks that you are both free to marry. Anyone who was married before proves that the marriage has ended, through divorce, death or annulment. For widowed people that is the death certificate of the late spouse. On top of that come the documents all couples submit: photos of all passport pages, proof of lawful stay for partners without an EU, EEA or Swiss passport, and the birth certificates of any joint children. The complete list is in our guide Documents for your wedding in Denmark.
| Your situation | What Familieretshuset needs |
|---|---|
| The death is registered in the Danish population register (CPR) | As a rule, no separate proof |
| Your spouse died outside Denmark | The death certificate, with apostille or legalisation and translation depending on the issuing country |
| The death certificate does not show to whom the deceased was married | In addition, the certificate of the earlier marriage |
| Your spouse was declared dead by a court | The court decision with proof that it is final |
The death certificate: apostille and translation
Whether the death certificate must be authenticated depends on the country that issued it, not on your nationality:
- Germany, Austria, the other EU countries, Switzerland and most other European countries: no apostille. Familieretshuset accepts German-language documents without translation.
- USA, Canada, Australia, New Zealand and Turkey: no apostille, but a translation if the document is not in Danish, English, German, Norwegian or Swedish.
- Ukraine, Russia, Belarus, Georgia and some other European countries, and most countries outside Europe: apostille or legalisation and, where needed, a translation.
A death certificate issued by an authority needs no note of finality; that distinguishes it from a divorce decree. The translation must be ready before you apply and must also cover the text of any apostille. What applies to the country of your document is shown in our rules by country of origin and our guide Apostille for Denmark; who may translate is explained in our guide Translating your wedding documents.
When the certificate of the earlier marriage is added
Familieretshuset must be able to see that the deceased was married to you. If the death certificate does not show this, add the certificate of the earlier marriage, under the same apostille and translation rules. If your current name differs from the one in the documents, Familieretshuset can ask for proof of the name change. If you were also divorced before that, our guide Divorced: a second wedding in Denmark explains what applies to divorces.
If your spouse is missing
If there is no death certificate because your spouse is missing, you usually need a court declaration of death, in Germany under the Missing Persons Act (Verschollenheitsgesetz). For foreign decisions, the Danish administrative guidance on marriage cases requires proof that they are final. Clarify such cases with Familieretshuset before applying. Special rules apply to refugees who cannot obtain documents from their country of origin; see Getting married in Denmark as a refugee.
Does the estate have to be settled first? The Danish skifte rule
The Danish Marriage Act contains a special rule for widowed people: a widowed person may only marry again once the administration of the estate by an executor or the public estate procedure has begun, or the private division of the estate has been completed (§ 10 Ægteskabsloven). In Danish the division of the estate is called skifte. Familieretshuset sums it up on its English page on marriage conditions: if you are widowed in Denmark, you cannot remarry while the estate of your deceased spouse is not settled.
But the Act names exceptions. The rule does not apply if
- there was no community of property between you and your late spouse,
- you were legally separated at the time of death,
- all heirs consent and you are not keeping the estate undivided (in Danish: uskiftet bo),
- no estate procedure takes place in Denmark at all.
The last point is decisive for most widowed people from Germany, Austria and Switzerland. The Danish administrative guidance says so expressly: if the estate is not dealt with in Denmark, the surviving spouse can marry again even if the administration of the estate has not been completed. So if your late spouse did not live in Denmark and the estate is being administered at home, you do not need any certificate on the division of the estate for the wedding in Denmark.
| Your situation | Does the Danish estate rule apply? |
|---|---|
| The estate is administered outside Denmark, for example in Germany, Austria or Switzerland | No, even while the administration is ongoing (§ 10(1) no. 4 Ægteskabsloven) |
| Estate in Denmark, private division completed or executor appointed | Met; proof by a certificate from the Danish probate court (skifteretsattest), which Familieretshuset can also obtain from the probate court itself |
| Estate in Denmark, all heirs consent, no undivided estate | Met with the consent of all heirs |
| Estate in Denmark, you are keeping the estate undivided (uskiftet bo) | It must be divided before the new marriage; the heirs' consent is not enough here |
According to the guidance, an exemption from the rule (skiftefritagelse) is only possible in very special cases, for example if the widowed person is dying, and not if the estate is kept undivided. If you are unsure whether an estate is being administered in Denmark, for example because your late spouse lived there, clarify it with the competent Danish probate court (skifteretten) before applying.
Is there a waiting period after a spouse's death?
No. The Danish Marriage Act has no waiting period for widowed people; the only condition linked to a spouse's death is the estate rule above. Some home countries do, however, have waiting periods for women. In Turkey, for example, women may not marry again for 300 days after a marriage ends, and a court can lift this period (Art. 132 of the Turkish Civil Code). For Familieretshuset this plays no role, but it may for registering the marriage in the home country.
When the right time is for you is your decision. Legally, in Denmark it only depends on the documents.
Children from the first marriage
Familieretshuset only asks for the birth certificates of children you have together, not even your own; more on this in our guide Getting married without a birth certificate. For children from the first marriage the authority names no documents, and they do not have to consent to the new marriage as long as the estate is not administered in Denmark. They only play a role with a Danish undivided estate: it must then be divided before the new marriage, and according to the guidance the children, as heirs, cannot consent to the marriage without also giving up their inheritance. A rare special case: anyone who wants to marry a child or parent of their late spouse needs permission from Familieretshuset under § 7 Ægteskabsloven.
At home, the new marriage can have inheritance consequences for children from the first marriage, for example if a joint will contains a clause for the case of remarriage. That depends on your home law and the will, not on Denmark. Have it checked by a notary or an inheritance lawyer before the wedding.
What the new marriage changes at home: the widow's pension
A marriage validly concluded in Denmark is, as a rule, valid in Germany without any procedure, and Austria and Switzerland also enter it in their registers; see recognition in Germany, in Austria and in Switzerland. For the statutory survivor's pension it therefore counts like a wedding at home:
| Country | What happens with the new marriage |
|---|---|
| Germany | Only surviving spouses who have not remarried receive the widow's or widower's pension of the statutory pension insurance (§ 46 SGB VI). On the first remarriage, the pension is paid out as a lump sum of 24 monthly amounts, correspondingly less for the small widow's pension (§ 107 SGB VI). |
| Austria | Anyone who remarries receives, as a rule, a lump sum of 35 times the widow's or widower's pension (§ 265 ASVG). |
| Switzerland | The entitlement to the AHV widow's or widower's pension ends on remarriage; if the new marriage is divorced or declared invalid, it revives (Art. 23 AHVG). |
Which name you carry after the new marriage is explained in our guide Name change after a Danish wedding; what else needs to be done after the wedding is in our guide Married in Denmark: what now?
How your wedding in Denmark works
Get the death certificate
From the registry office or authority at the place of death, with apostille and translation depending on the country; if needed, also the certificate of the earlier marriage.
Clarify estate and pension
Is an estate being administered in Denmark? What happens to your widow's or widower's pension?
Take the eligibility check
The free eligibility check shows which documents your case needs.
Apply to Familieretshuset
The fee is DKK 2,100 (about €281) and is not refunded if the application is refused. Familieretshuset usually decides complete applications within 5 working days; the approval is valid for 4 months.
The ceremony
The ceremony takes 15 to 20 minutes. You need two witnesses, whom many municipalities provide on weekdays, and afterwards you receive two international marriage certificates in five languages. More in our guide The wedding ceremony in Denmark.
If you would rather have the documents checked: in the Complete package for €649.99, which includes Familieretshuset's fee, we review every certificate before it is submitted. All packages are on our prices page.
