Divorce without prior separation
In the Faroe Islands, the Family Law Administration grants permission for divorce without prior separation. In Denmark, the relevant authority is Familieretshuset.
Normally, spouses must undergo legal separation before they can divorce. However, it is possible to divorce without legal separation, for example, due to
- marital infidelity (adultery)
- the spouses have lived apart for the last 2 years due to discord
- domestic abuse, or
- bigamy.
Infidelity
If someone wishes a divorce due to marital infidelity, the Family Law Administration must have a statement from the person with whom the spouse has been unfaithful. The form for Confirmation of Adultery is available upon request. Only the spouse who has been subject to marital infidelity can demand divorce without prior legal separation. The spouse who has been (or is) unfaithful cannot demand divorce due to their own infidelity.
Desertion for 2 years
If a spouse wishes to divorce because the spouses have not lived together for 2 years due to discord, it must be verified either by a residency certificate from the National People Registry or by obtaining the testimony of two close relatives. The form for Attestation of Two Years Desertion is available upon request.
Domestic abuse
If the reason for divorce is due to domestic abuse, the documentation required includes a medical certificate and a police report. Only the spouse who has been subjected to domestic abuse can directly demand divorce without prior legal separation. The spouse who has perpetrated the abuse cannot demand divorce due to their own actions of abuse.
A divorce ends the marriage permanently. This means, among other things, that
- Joint property between spouses is dissolved.
- Spouses no longer inherit each other.
- An agreement must be regarding maintenance obligations spouses (spousal maintenance).
- The duty of fidelity is terminated.
- (Previous) Spouses can marry other people.
If spouses agree
- to divorce
- on the divorce terms (such as spousal maintenance)
- on the reason for a direct divorce, i.e. spouses agree to divorce due to infidelity, domestic abuse, 2 years separation, or bigamy,
the Family Law Administration can grant a legal divorce without prior separation. Therefore, direct divorce (meaning divorce without prior separation) requires a valid reason.
If spouses do not agree to divorce and/or the reasons for divorce, and/or if the negotiations regarding the terms of the separation are not successful, the Family Law Administration cannot grant you permission for divorce.
In the case of disagreement, only the Faroese Court can grant a divorce through a judgment. For a divorce case to be heard by the Faroese Court, it requires 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.
When the Family Law Administration receives an application for divorce without prior separation - which only requires the signature of one spouse - both spouses are invited to attend a joint meeting at the Family Law Administration.
During this meeting, clarity should be obtained whether spouses agree to divorce, including the reason for the divorce, and to discuss the terms of the divorce. During the meeting, spouses will also be advised on the legal implications of divorce, and spouses will have the opportunity to ask detailed questions about divorce, its consequences, or about other uncertainties.
When applying for divorce without prior separation to the Family Law Administration, please include the following documents:
- A copy of the marriage certificate.
- Copies of birth and baptism/name certificates of the spouses and shared child/children under 18 years of age.
- Copies of any possible marriage agreements, and
- documents regarding the reason for divorce without prior separation.
To obtain permission for divorce without prior separation from the Family Law Administration, spouses, in addition to agreeing to get divorced, must also agree on specific conditions.
Statutory terms that must be addressed concurrently with the direct divorce include
- Spousal maintenance
And, if spouses have separate property, whether
- the spouse with separate property must pay the other spouse compensation.
Please note that negotiation the conditions regarding spousal maintenance means agreeing on whether one of the spouses should pay spousal maintenance to the other spouse, if both should pay, or if there should be no spousal maintenance between the spouses. If spouses agree that one should pay spousal maintenance to the other, spouses must also agree on the duration of this payment, i.e. the term. Spouses must also agree on whether the agreement on spousal maintenance should only apply during the separation period or continue beyond a potential divorce.
If spouses agree that one should pay spousal maintenance but spouses do not agree on the amount, the Family Law Administration may, upon request, make a written decision on this matter.
Find more information about spousal maintenance on the website.
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 form 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 the 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 cxpert 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.