Legal separation and divorce

Spouses or a spouse who consider that his or her marriage can not be continued shall be entitled to legal separation or divorce. A spouse can apply to the District Commissioner and request a legal separation or divorce. If spouses do not agree to divorce or legal separation, one spouse can file for divorce with the district courts.

Legal separation and divorce application

A legal separation or divorce is sought from the District Commissioner in the district in which the spouses in question live, but the spouses can also negotiate a different district.

It is recommended that spouses who wish to legally separate or divorce, one or both, fill out a request for divorce. It is also possible to book an appointment with the District Commissioner by email or by phone. It is also recommended that the spouses prepare and familiarise themselves with, as far as possible, the following points that need to be decided upon when a legal separation or divorce is made.

A request for a legal separation or divorce to the District Commissioner must include an account of the following:

• The basis for the legal separation or divorce.

• Arrangements on custody, legal residence and support for their children.

• How to divide assets and liabilities in the case of assets or, depending on the circumstances, declare a lack of assets.

• Whether a pension shall be paid among the spouses.

It is recommended to submit, if available, the terms of legal separation or divorce agreed on among the spouses. If the terms are not available at this stage, the spouses will be given the opportunity to submit it at a later date.

The spouse requesting the legal separation or divorce shall complete the request and send it to the District Commissioner who shall present the legal separation or divorce petition to the other spouse and invite the spouses to an interview, together or separately as requested.

Interview with the District Commissioner

The interview is with a representative of the District Commissioner who is a lawyer. Spouses may request to attend an interview together or separately. If one spouse attends the interview, the other spouse is invited to the interview at a later date.

Interviews may be conducted by teleconference.

You may attend the interview with someone, but you must be aware that if both spouses are present, both spouses must agree on who is present. It is specifically stated that this does not apply if one or both spouses meet with a lawyer.

You can request that the interview be conducted in English, but if you need an interpreter for the interview, the concerned spouse must provide an interpreter himself or herself.

In the interview, the spouses will have to:

• take a stand on the basis of the legal separation or divorce.

• take a position on custody, legal domicile and support of children under the age of 18 and confine disputes if any.

• discuss financial terms of the legal separation or divorce.

• take a position on pension claims.

• The spouses will be provided guidance under the Marriage and Children Act.

• The representative will try to seek reconciliation between the spouses, to determine the basis for continuing the marriage.

If the spouses agree on all the matters that must be decided upon in the interview by the representative of the District Commissioner, the permit for legal separation or divorce is generally issued on the same day.

The basis for the legal separation or divorce

Legal separation is often first applied for, and then divorced at least six months later, but spouses can apply for an immediate divorce.

Legal separation

Spouses may agree to request legal separation from the District Commissioner

Another spouse may also request that the legal separation be granted, but for the District Commissioner to issue a permit for the legal separation, the spouse against whom the claim is made must approve the legal separation petition.

If a married couple who have been issued a licence of legal separation re-enter into their partnership before they obtain a licence of divorce, they may submit a request to the District Commissioner that the legal effects of the legal separation be cancelled and that they be re-registered in marriage.

Divorce after legal separation

A divorce may be obtained after the legal separation has lasted six months.

Immediate divorce

Spouses may apply for an immediate divorce without legal separation from the District Commissioner if:

• they agree to divorce

• one spouse has cheated on the other spouse

• a spouse or child residing with them, has been subjected to violence by the other spouse, or been convicted of such an offence.

• the spouses have not lived together due to disagreements for one year or more

• either one of the spouses was already married at the time of the marriage.

Cost

• The issuing of a permit for legal separation costs 5.400 ISK.

• The issuing of a permit for divorce costs 6.500 ISK.

The permit may be paid for at the relevant District Commissioner's office, but it may also be transferred to the account of the District Commissioner handling the legal separation or divorce case.

Notification of changed marital status

The District Commissioner shall send the National Registry a notice of legal separation or divorce, changed addresses of the spouses if applicable, how the custody of the child or children is arranged and with which of the parents it is legally domiciled following the legal separation or divorce.

If divorce is granted in court, the court shall send a notice of divorce to the National Registry of Iceland. The same applies to custody and legal domicile of children decided in court.

However, the spouses may have to notify other institutions of changes in marital status, for example due to the payment of benefits or pensions which change after marital status.

Cooperation after divorce

Please introduce yourselves to SES, collaboration after divorce for the children's sake, website. The website includes courses for parents and children, as well as specialized advice from the local authorities, e.g. on account of custody and access.