MARRIAGE, REGISTERED COHABITATION AND COMMON-LAW MARRIAGE

According to the 12th article of the European Human Rights Convention, a man and a woman who are of legal age may marry and start a family in compliance with national laws. According to Icelandic law, a marriage is to be a free choice between a man and a woman. The law ensures that it is relatively simple to enter into marriage and also that it is possible to sever the union if either of the individuals wishes to do so.

Note: This law pertains to all those living in Iceland regardless of their nationality!

TO GET MARRIED

 
A man and a woman wishing to marry must fulfil the following requirements:

• Both parties must be 18 years of age. Those younger than 18 years of age must receive permission from the Ministry of Justice and Ecclesiastical Affairs.
• If either of the individuals has been declared incompetent (e.g. mentally handicapped) they may not enter in marriage unless they have permission from their legal guardian.
• The individuals wishing to marry may not be siblings or close blood relatives.
• Adoptive parents and their adopted children may not marry unless the adoption decision has been reversed.
• Individuals who are already married may not marry.
• If one of the parties has been previously married they may not marry again unless they have completed the legal divorce process in its entirety. The Ministry of Justice and Ecclesiastical Affairs may grant exemptions in extreme circumstances.

Marriage ceremonies may be either religious or civil. Priests or other ordained clergy who are members of registered religious organizations, recognized by the Ministry of Justice and Ecclesiastical Affairs may perform marriage ceremonies. Civil ceremonies are presided over by the district magistrate (sýslumaður) or his legal representatives.

Foreign citizens must submit the following documents in order to get married here in Iceland:

1. Birth certificates confirming that the individuals wishing to marry are both 18 years of age.
2. Valid passports.
3. A certificate of marital status. May not be older than 4 weeks old at the time they are issued to the district magistrate.
4. A divorce decree, if one or both of the parties has been married before. An original or certified copy, which has been confirmed by the Ministry of Justice and Ecclesiastical Affairs, is required.
5. Two witnesses must complete an application stating that to the best of their knowledge the couple is eligible to marry. These witnesses must be 18 years of age or older.
6. Confirmation from the Directorate of Immigration (Útlendingastofnun) that the foreigner getting married is legally residing or staying in Iceland.

For civil ceremonies in Reykjavik contact the office of the Sýslumaður at Skógarhlíð 6, 150 Reykjavík, 569 2400. All of the required documents must be submitted at least 2 weeks before the marriage is to take place. The cost of the ceremony is 5,100 krona.

SPOUSAL RIGHTS AND OBLIGATIONS

According to Icelandic law married individuals are considered equal and are equally responsible for each other and their children. They are obliged to cooperate in the upbringing and caring for their children and in taking care of the family. Married individuals are also financially responsible for each other.

Married couples are equally financially responsible for each other and their families. They are obliged to support each other and their family. Support means that they must support a home together, support the education and upbringing of their children and in general to see to each other’s and their families needs.

The main rule is that property owned by individual spouses is common, or jointly owned by the married couple together. This includes property that the individuals enter the marriage with and property acquired during the marriage. However, during the marriage individuals may own property that is registered in one name only, and the registered owner has the right to disburse of the property as they like. It is important to note that under the law there are some restrictions to these rights, for instance regarding the family home and its contents. If the marriage is terminated the general rule is that all property is divided equally between the spouses. It is possible for couples to sign a pre-nuptial agreement regarding ownership of property before they enter into marriage. In that case any mentioned property would not be divided in a divorce. The laws regarding common property are complicated and we recommend that people seek professional advice. We also remind people that it is never advisable to sign your name on something that you do not fully understand.

REGISTERED COHABITATION OR CIVIL GAY MARRIAGE

Two individuals of the same sex may enter into registered cohabitation (staðfest samvist). To do this, it is a requirement that at least one of the individuals be an Icelandic citizen and have a legal address here, or that both have been legal residents for 2 years prior to the marriage. Otherwise all the same rules of marriage are applicable.
    For the most part, a couple in registered cohabitation has the same rights as any other married couple. The exceptions are that these couples do not have the right to artificial insemination or adoption. However, they are free to adopt each other’s children.  
    The sýslumaður or his legal representatives may perform the ceremony. Registered cohabitation ends with the death of a spouse, annulment, or a legal divorce. Regarding divorce the same laws apply as in the above paragraph about marriage.

COMMON-LAW

Couples living in common-law (sambúð) situations have no financial responsibilities toward each other and are not legal heirs. Common-law couples are bound to the same laws as married couples regarding children, their care, their accessibility to both parents, and child support payments. It is possible to register common-law marriages at Hagstofa Íslands, Borgartún 24. This registration assures the couple certain rights, such as the right to spousal pensions. There is no law about the termination of common-law marriages. Just go to Hagstofa, fill out an address change form and check off that the common-law agreement is over. If the common-law couple has children then they must go to the sýslumaður and come to an agreement regarding custody, visitation and support.

Note: All of the above information may concern some of the most important rights in a person’s life. We therefore encourage people to seek professional advice concerning these issues. Never sign your name to anything unless you are 100% sure that you know what you are signing and what effect it will have on your rights.