Iceland Info
Joined: 20 Oct 2006
Posts: 18
Home Country: iceland
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 Posted: Sun Oct 22, 2006 5:48 am Post subject: MARRIAGE IN ICELAND |
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MARRIAGE IN ICELAND
MARRIAGE
Marriage is a legal relationship between a man and a woman. According to the 12th article of the European Human Rights Convention, a man and a woman that are of legal age may marry and start a family in compliance with national laws. In Iceland the act on marriage, nr.31/1993 insures this right. The basis of the law is that marriage is to be a free choice between a man and a woman. The law insures that it is relatively simple to enter into marriage and also that it is possible to severe the union if either of the individuals wish to do so.
Note: This law obtains to all those living in Iceland regardless of their nationality.
TO GET MARRIED
A man and a woman wishing to marry must fulfill 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 (eg.mentaly 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 whom 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 that 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 distract magistrate (sýslumaður) or his legal representatives.
It is the responsibility of the official or clergyman presiding over the ceremony to insure that all legal requirements for marriage have been fulfilled. If one of the individuals is a foreign citizen it is then the responsibility of the distract magistrate to insure that all legal requirements have been fulfilled.
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 distract 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 fill in an application stating that to the best of their knowledge the couple is eligible to marry. These witness 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 ikr.4,600.
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 financial for each other and their families. They are obliged to support each other and their family. By support it is meant that they must support a home together, support the education and up bringing 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, in other words all property is the ownership of 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 a 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.
DIVORCE
A marriage ends with the death of a spouse, a divorce or an annulment. If a couple asks for a divorce they must be granted one. Also if only one of the individuals wishes to terminate the marriage, they must be granted a divorce even if the other partner is not in agreement.
If both partners are in agreement about a divorce the distract magistrate (sýslymaður) grants a divorce. If the couple is not in agreement about the divorce they may seek help from the distract magistrate or seek a legal judgment.
If the sýslumaður denies the request for a divorce, appeals may be made to the Ministry of Justice.
Before a legal separation or divorce is granted the sýslumaður or judge must be convinced that an agreement regarding child custody, support and all divorce issues has been reached. The couple must verify in writing that an agreement has been reached.
As is mentioned earlier the general rule is that all property must be equally(50/50) divided between the partners in the case of a divorce. The law does allow for couples to negotiate their own terms of property division in divorce cases. Both parties must be in agreement and a written signed contract must be submitted to the sýslumaður or judge. If a couple is not able to reach and agreement about the division of property it is possible to request that the authorities divide the property.
It is possible to depart from the regulations regarding the division of property in cases where it would prove to be unfair for one of the individuals. In order to arrive at such a decision several things are considered, for instance the financial situation of the individuals and the couple, what each spouse entered into the marriage with, how long the couple was married, and property that was given as a gifts or inherited.
CUSTODY, VISITATION AND SUPPORT OF CHILDREN
Children have the right to associate with and have access to both of their parents in cases of divorce, unless it is not in their best interest. It is the responsibility of both parents to insure that this right is respected.
During the divorce proceedings it is the responsibility of the sýslumaður or judge to be sure that the couple arrive at a fair agreement regarding custody, visitation and child support payments. The agreement must be validated by the sýslumaður.
Parents have the option of joint custody or awarding custody to only one of the parents. However, it is important to note that parents choosing joint custody (sameignaleg forsjá) must register their child as having a legal address at one or the other of the parents, not both and they must also decide on how visitation will be handled. In cases of joint custody not all decisions regarding the daily upbringing of the child must be shared, only the more important decisions affecting the well being of the child. Parents with joint custody may not take the child out of the country unless they have the permission of the other parent.
When only one parent has custody the parents must still decided how visitation will be handled as the parent and child have the right to spend time together.
The custodial parent has the right to make all decisions regarding the well being of the child except in special circumstances, for instance moving with the child out of the country.
If an agreement cannot be reached than the matter of child custody is made by a court of law. In this case the judge makes a ruling regarding which parent receives custody, and may not award joint custody.
It is the legal obligation of all parents to take care of their children. In cases of divorce both parents are responsible for negotiating the terms of child support. The parent with whom the child is living with is to be paid support (meðlag) every month by the other parent. The sýslumaður oversees and verifies this process. If the parents cannot come to an agreement regarding support they may request that the sýslumaður make a ruling. Parents requesting the help of a judge may ask that a ruling be made regarding, support, custody and visitation.
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 have 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 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. |
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