Divorce in Iceland

Last verified:

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

Reviewed by the Commoner Law Editorial Team. Sourced from Icelandic Acts of the Althingi, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

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 to Do If You Want to Get a Divorce in Iceland

  • 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.

Common Questions

How long does divorce take in Iceland?

It depends on the path. Under the separation route, divorce may be granted 6 months after legal separation if both spouses agree, or 12 months if only one requests it. Immediate divorce without a separation period is available on mutual agreement, adultery, physical or sexual violence against spouse or child, 2 years of non-cohabitation due to irreconcilable differences, or prior existing marriage.

How much does a divorce cost in Iceland?

The fee is ISK 9,100 per permit — either for a separation or a divorce under the Marriage Act (Hjúskaparlög, Lög nr. 31/1993). You file with the District Commissioner (Sýslumaður) in your district of residence. If you and your spouse agree on all terms, the process can be completed administratively without court involvement.

What must be settled in an Icelandic divorce?

You must address custody, the child's residence, child support, division of assets and debts, and pension division. If children are involved, custody and residence arrangements must be settled as part of the process. Do not leave the family home without legal advice — it can affect custody and property division — and do not hide assets, as full disclosure is required.

When does it applydivorce?

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

What should I do to start the divorce process in Iceland?

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 dodivorce?

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.

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