The legal effect of divorce based on separation is, in addition to the legal effects from the separation, that after the divorce spouses can remarry. The legal effects from the separation thereby become final when the divorce is final.

There are two different procedures depending on whether you agreed during the separation that spousal maintenance should continue to be paid after divorce, or if it should only be paid during the separation period.

An agreement for spousal maintenance to continue after divorce

When the Family Law Administration receives an application for divorce with prior separation, where the spouses have agreed during the separation that spousal maintenance should continue after the divorce, the application is usually processed in writing, and the spouses are not required to attend a hearing. The Family Law Administration then verifies whether you have met the requirement of being separated for at least six months.

When an application for divorce is submitted to the Family Law Administration, the following documents must be included:

• A copy of the marriage certificate.
• Copies of the birth certificates and baptism/naming certificates of spouses and shared children under the age of 18.
• Copies of any possible marriage agreements.
• Original copy of the separation permit or judgment.

The separation permit (or judgment) specifies the agreement on spousal maintenance - whether it should continue after divorce or if the spousal maintenance is only valid during the separation period.

When spousal maintenance is only valid during the separation period

When the Family Law Administration receives an application for divorce with prior separation and you have agreed that spousal maintenance will only apply during the separation period, both spouses will be invited to attend a joint meeting. At the meeting, spouses will be asked whether they agree to divorce and to negotiate possible spousal support after the divorce. During the meeting, spouses will also be advised on the legal consequences of divorce and have the opportunity to ask more detailed questions about what divorce entails, what the consequences are, or any other uncertainties.

When an application for divorce is submitted to the Family Law Administration, the following documents must be included:

• A copy of the marriage certificate.
• Copies of the birth certificates and baptism/naming certificates of spouses and shared children under the age of 18.
• Copies of any possible marriage agreements.
• Original copy of the separation permit or judgment.

The separation permit (or judgment) specifies the agreement on spousal maintenance - whether it should continue after divorce or if the spousal maintenance is only valid during the separation period.

The Family Law Administration can grant a divorce if spouses in connection to the separation agreed that spousal maintenance should continue after a divorce, if spouses agree to a divorce, and if spouses meet the requirement of being separated for at least 6 months after the separation day. The separation day is either the date stated in the separation permit or the date of the court judgment.

The separation permit (or judgment) specifies the agreement on spousal maintenance - whether it should continue after divorce or if the spousal maintenance is only valid during the separation period.

If spouses do not agree to be divorced
If spouses disagree on the divorce, the Family Law Administration cannot grant a divorce by permit.

In case of disagreement, only the Faroese Court can grant a divorce through a judgment. In case of disagreement, it is furthermore a requirement that spouses have been separated for at least 1 year since the separation permit or separation judgment was issued. The separation day is either the date stated in the separation permitor the day the judgment is rendered. 

For a divorce case to be heard by the Faroese Court, it is required that one of the spouses submits a divorce case to the Faroese Court. Usually, it also requires that each party has their own attorney. 

There is a possibility to apply for a free trial at the High Commissioner’s Office (Ríkisumboðið). Free trial is a system where the government covers expenses in connection with a legal case and legal proceedings, provided that the conditions for this are met. See further information concerning free trial and the requirements on the High Commissioner’s Office website www.rigsombudsmanden.fo. 

If spouses agree to divorce and agree on spousal maintenance

If spouses in connection with the separation agreed that the terms of spousal maintenance should be considered if/when the divorce becomes effective, then spousal maintenance should be negoiated and settled in connection with the divorce. In order to be divorced by permission from the Family Law Administration, it is necessary for spouses to agree to the term of spousal maintenance. Spouses must therefore agree, whether one will pay spousal maintenance to the other, if it will be a matter of mutual spousal maintenance, or if neither of the spouses will pay spousal maintenance. If spouses agree that one spouse will pay spousal maintenance to the other, there must also be an agreement on how long the paying party will pay, i.e. annually.

If there is and agreement that one spouse will pay spousal maintenance to the other, however spouses cannot agree on the amount, the Family Law Administration can make a written decision on this upon request.

In addition to agreeing on spousal support, spouses must agree to divorce and meet the requirement of having been separated for at least 6 months after the separation day (the separation day is either the date stated in the separation permit or the day the judgment is rendered), for the Family Law Administration to grant you a divorce by permit.

The separation permit (or judgment) specifies the agreement on spousal maintenance - whether it should continue after divorce or if the spousal maintenance is only valid during the separation period. 

If spouses do not agree to divorce, and/or if spouses do not agree on spousal maintenance

If spouses do not agree to divorce, and/or if spouses cannot reach an agreement regarding spousal maintenance in connection with the divorce, - see more about terms in connection with divorce - the Family Law Administration cannot grant you a divorce by permit.

In case of disagreement, only the Faroese Court can grant a divorce through a judgment. In case of disagreement, it is furthermore a requirement that spouses have been separated for at least 1 year since the separation permit or separation judgment was issued. The separation day is either the date stated in the separation permitor the day the judgment is rendered. 

For a divorce case to be heard by the Faroese Court, it is required that one of the spouses submits a divorce case to the Faroese Court. Usually, it also requires that each party has their own attorney. 

There is a possibility to apply for a free legal trial at the High Commissioner’s Office (Ríkisumboðið). Free legal trial is a system where the government covers expenses in connection with a legal case and legal proceedings, provided that the conditions for this are met. See further information concerning free trial and the requirements on the High Commissioner’s Office website www.rigsombudsmanden.fo. 

If both parties agree, mediation by priest can take place before the meeting with the Family Law Administration.

Please note that you can tick the box in the application if you want to try mediation with a priest. The form is available upon request. 

When married, parents have joint custody over their shared child/children. The joint custody continues after a separation/divorce unless the parents agree to revoke the joint custody. If the parents disagree whether joint custody should continue after the separation/divorce, the case can be brought before the Court of the Faroe Islands. The Court then decides who should have custody of the child/children.

In cases of disagreement regarding custody, the Family Law Administration offers child expert counselling and mediation. 

The Family Law Administration can assign child support if requested, regardless of whether the matter of separation or divorce is to be processed by the Family Law Administration or by the Court of the Faroe Islands. Find further information about child maintenance on the website.