Divorce is one of the biggest decisions people make, and it raises both emotional and legal questions. Knowing the process makes a difficult time easier to manage. These are the main points of divorce under Icelandic law.
Legal separation and divorce
Icelandic law distinguishes between legal separation (skilnaður að borði og sæng) and divorce (lögskilnaður). In most cases a couple first obtains a legal separation, and can then apply for a divorce after a set period.
In some situations, such as infidelity or violence, a direct divorce is possible. Applications are handled by the District Commissioner (Sýslumaður), which issues separation and divorce permits when the couple agrees.
Division of assets
On divorce, the couple's assets and debts must be divided. The main rule is that marital property is split equally, while separate property (séreign), for example under a prenuptial agreement, is kept outside the division.
In practice the division can be complicated, especially with real estate, businesses or pension rights. When the couple agrees, the process is simpler; when they do not, lawyers or the courts may need to step in.
Children and custody
If you have children, you must agree on custody, legal residence, access and child support. The guiding principle is always the best interests of the child. Read more in child custody in Iceland.
Mediation
Before a dispute about custody or access can go to court, parents must usually attend mediation (sáttameðferð), offered by the District Commissioner. The aim is to help parents reach an agreement without going to court.
Foreign marriages and international couples
Couples living in Iceland can generally divorce here even if they married abroad. Questions about which country's rules apply to assets abroad, or recognition of the divorce in another country, are worth discussing with a lawyer early.
When a lawyer helps
Even in an amicable divorce it is wise to have a lawyer review the agreement on assets and children, so your rights are protected. Where there is conflict, legal help becomes even more important.
Find a lawyer with divorce experience under family and inheritance law or browse lawyers in your region.