Separation and divorce after an abusive relationship can be a difficult process, and often emotional or financial abuse continues afterward.
This page is a part of a guide to the Icelandic justice system for survivors of domestic violence.
You apply for divorce or separation with children through the district commissioner (sýslumaður). This can be done both online or by booking an appointment with the district commissioner in your jurisdiction. You do not need to attend the interview with your spouse.
It is best to state that you are applying for divorce or separation due to violence; you will then receive specialized assistance, and this will be taken into account in the process.
People who come out of abusive relationships are often traumatized, and therefore it is best to get information about the process and support from someone who knows these issues well.
Free support available:
You can get a divorce whether your spouse wants it or not. You can request a legal separation or divorce. You can request an immediate divorce if:
However, you can only get a divorce from the district commissioner if both spouses agree to divorce. If you do not agree, you need to go to court.
The first step is to submit a request for divorce to the district commissioner. You can send a request online or book an appointment with the district commissioner in your jurisdiction for assistance.
If your spouse refuses to divorce, you will need to file a lawsuit in district court. Read about divorce before the courts.
If you are in a registered cohabitation and you have a child together under the age of 18, decisions about custody, legal domicile, and child support must be made by the district commissioner to end the cohabitation. You can request that visitation rights be addressed at the same time.
You can submit a request for an agreement online, and the district commissioner will present the case to the other parent and invite both parents to separate meetings. You can also book an appointment directly with the district commissioner.
If you do not have a child (under the age of 18) together, it is sufficient to notify the National Registry of a change of address.
The interview takes place at the district commissioner's office but can also be conducted via video conference. It is possible to attend the interview separately. A legally trained representative of the district commissioner conducts the interview and provides you with all the information about the legal effects of divorce, child custody, legal domicile, child support and maintenance, as well as informing you about resources if disagreements arise, for example, regarding mediation for visitation rights and custody.
It is good to have someone with you at the interview who can support you.
It is possible to request that the interview be in English, but if you need an interpreter for another language, you will need to arrange one yourself.
You can contact the Human Rights Office or the Women's Counseling for advice regarding violence and the divorce process. They provide you with an interpreter free of charge.
In divorce and separation, decisions need to be made regarding child custody, with which parent the child should have their legal domicile, and how visitation rights are arranged. Often, it is decided that the parent with whom the child does not live pays child support, but parents can also reach their own agreement on child maintenance.
If parents cannot agree on these matters, they are referred to mediation.
Custody means that you need to provide for the child's needs and make decisions such as where the child should live, which school they attend, or whether they participate in extracurricular activities, to name a few. Parents have a legal obligation to prioritize the child's best interests and base all decisions on what is best for the child.
Married and cohabiting parents have joint custody, but upon divorce or separation, custody can be joint or held by one parent. Read more about custody.
A child can only have one legal domicile. When parents do not live together and have joint custody, it must be decided with which parent the child is registered with legal domicile, and an agreement must be made regarding child support.
The terms used are:
If parents agree on split residency, the child is considered to have a permanent residence with both of them. The parents then jointly make all decisions about the child, regardless of legal domicile, and the district commissioner does not intervene in the matter. The domiciliary parent does not receive child support, and child benefits are split between both.
No one can force you to agree to shared residency to avoid state intervention. The district commissioner only approves shared residency if there is good cooperation between the parents. If cooperation deteriorates, the agreement can be revoked. Read more about split residency.
When parents with joint custody have not agreed on shared residency, the child is considered to have a permanent residence with the domiciliary parent.
The domiciliary parent has greater authority to make decisions about the child's affairs but must strive to consult with the non-domiciliary parent when making significant decisions. The domiciliary parent is entitled to child support from the other parent and receives child benefits and other public payments. Read more about sole residency.
A child has the right to visitation with both parents, even if they do not live together. It is best for the child if the parents reach an agreement on visitation. This means they decide together how often and for how long the child stays with the non-domiciliary parent. Read more about visitation rights.
If no agreement is reached on visitation rights after mediation, you can request that the district commissioner issue an order on visitation rights based on what they consider to be in the child's best interests.
It is common for the district commissioner to order that the parent with whom the child does not live, or the non-custodial parent, has visitation rights with their child every other weekend, part of the summer vacation, and part of major holidays and days off. However, the district commissioner can decide that the visitation rights should be more or less extensive depending on the circumstances of each case. Read more about ruling on visitation rights.
When parents disagree on custody, legal domicile, or visitation rights of children, the case goes to mediation with a mediator appointed by the district commissioner. You can also request an independent mediator. The aim of mediation is to help parents reach an agreement on a solution to issues that is in the child's best interests without the need for an order from the district commissioner or the courts.
It is possible to attend mediation sessions separately, and the other parent will not receive information about when you attend. Read more about mediation in child-related disputes.
If no agreement is reached on custody or legal domicile of a child after mediation, a lawsuit must be filed. It is best to hire a lawyer to handle and present the case, although you are allowed to present the case yourself.
A judge decides, based on what is best for the child, which parent should have custody or whether custody should be joint. For example, the judge considers the child's relationship with both parents, which of them has been more involved in the child's daily care, which is more likely to respect the child's right to visitation with the other parent, the risk of the child, a parent, or others in the household having experienced or being at risk of violence, and more. You can also request that the judge also decide on visitation rights. Read more about child custody.
In divorce, the main rule is that assets are divided equally between spouses, unless they are separate property, for example, due to a prenuptial agreement. A prenuptial agreement can be ruled invalid due to fraud or duress during the marriage.
Each person is responsible for their own debts. This means that you are only responsible for debts in your name and half of the debts on joint accounts. Exceptions include tax debts, debts related to household maintenance, the needs of children, or rent.
If one person is the registered owner of all or the majority of the assets, the other can claim a share in the asset accumulation during the period of cohabitation. It is then assessed how much each person contributed to the creation of the assets that exist at the end of the cohabitation. If the contributions of both were comparable, it is likely that a judge will rule that the assets be divided equally.
If you have a permanent residence permit, it remains valid after divorce and separation. You do not need to reapply when the expiry date approaches but only need to book a time for a photo shoot and pay 8000 ISK for a new card when you attend.
You can apply for a permanent residence permit if you have a temporary residence permit and have lived in Iceland for 4 years or longer.
You apply through Ísland.is and submit supporting documents showing that you meet the conditions. The processing fee is 16.000 ISK. Read about permanent residence permits.
If you have a temporary residence permit as a spouse of an Icelandic citizen, you need to apply for a residence permit due to special ties to Iceland at the Directorate of Immigration. The application must be sent by postal mail, and the processing fee is 22.000 ISK. Read more about the residence permit based on special ties to Iceland.
If you can demonstrate that you have experienced violence or abuse in the relationship, the residence permit is usually always granted. A report to the police, child protection services, or documents from professionals strengthen the application. It is best to submit as detailed documentation as possible.
You can seek advice from:
You can apply for Icelandic citizenship when you have had legal domicile and continuous residence in Iceland for 7 years and meet certain conditions, such as having passed an Icelandic language test.
Þú getur sótt um íslenskt ríkisfang þegar þú hefur átt lögheimili og samfellda búsetu á Íslandi í 7 ár og uppfylla ákveðin skilyrði, eins og að hafa staðist íslenskupróf.
You can apply earlier if one of the following applies:
You apply online on Ísland.is and can also apply for your children in the same application.