Family lawyers in Iceland

Family and inheritance law covers the legal side of family life: marriage, cohabitation, separation and divorce, the division of assets, custody, access and child support, wills and the settlement of estates, and guardianship of adults who can no longer manage their own affairs.

The legal framework

• Marriage Act No. 31/1993 (hjúskaparlög): marriage, separation, divorce and the division of marital property.
• Children Act No. 76/2003 (barnalög): custody, legal residence, access and child support, always guided by the best interests of the child.
• Inheritance Act No. 8/1962 (erfðalög) and the Act on the Settlement of Estates No. 20/1991: who inherits, wills and how an estate is divided.
• Legal Capacity Act No. 71/1997 (lögræðislög): deprivation of legal capacity and guardianship.

Where these matters are handled

Most family matters start at the District Commissioner (Sýslumaður), which issues separation and divorce permits, confirms agreements on custody and child support, offers mediation for parents who disagree and opens the settlement of estates. Disputes that cannot be resolved there go to the district courts.

Unmarried cohabiting couples have fewer automatic rights than married couples, for example in inheritance and the division of assets. This often surprises people who move to Iceland from countries with different rules.

Wills and estates

If you have a spouse or children, you can freely dispose of only one third of your estate by will. A will must be signed before a notary or two witnesses to be valid. Estates are settled privately by the heirs or, when they disagree, officially by an administrator. Read more in wills and inheritance in Iceland.

When to contact a family lawyer

A lawyer is useful when you separate and need to divide property, when you cannot agree on custody or access, before you sign a prenuptial or cohabitation agreement, and when you make a will or an estate is disputed. In some family cases you may be entitled to free legal aid (gjafsókn). See also divorce in Iceland and child custody in Iceland.