Divorce

Source: Marriage Act (Hjúskaparlög, No. 31/1993)

Written in plain language for general understanding. This is educational content, not legal advice. Based on Icelandic Acts of the Althingi, statutory instruments, and official guidance.

Icelandic National Law

What is this right?

Iceland has a two-path system for ending a marriage:

Path A — Legal Separation then Divorce:

  • Either spouse can request legal separation from the District Commissioner.
  • Divorce may be granted after 6 months if both spouses agree, or after 12 months if only one requests it.

Path B — Immediate Divorce (no separation period):

  • Mutual agreement of both spouses.
  • Adultery.
  • Physical assault or sexual offence against spouse or child.
  • Spouses have not cohabited for at least 2 years due to irreconcilable differences.
  • One spouse was already married at the time of the current marriage.

Cost: ISK 9,100 per permit (separation or divorce). If spouses cannot agree on terms, either may escalate to the district court.

When does it apply?

  • You wish to end your marriage.
  • You must address: custody, child residence, child support, division of assets and debts, and pension division.

What should you do?

  • File with the District Commissioner (Sýslumaður) in your district of residence.
  • If you and your spouse agree, the process can be completed administratively without court involvement.
  • If children are involved, custody and residence arrangements must be settled as part of the process.

What should you NOT do?

  • Don't leave the family home without legal advice — it can affect custody and property division.
  • Don't hide assets — full disclosure is required during property division.

You came here to know your rights — help someone else know theirs.

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