When a married couple is separated, the marriage is temporarily dissolved. This means, among other things, that

• The joint estate between spouses is dissolved.
• Spouses no longer inherit each other.
• Decisions need to be made regarding the maintenance obligations between spouses (spousal maintenance).
• The duty of fidelity is terminated.

It is important to note that when a couple gets separated, the marriage is only temporarily dissolved. You can think of the separation as a period of reflection (a trial divorce).

During the period of separation, spouses cannot marry anyone else.

If spouses continue the relationship after the separation (i.e. spouses continue to live together after they separated) or if the relationship between spouses has resumed since the separation, the legal effects of marriage will automatically be reinstated. This means that the separation is automatically revoked, and spouses, in all respects, are considered a married couple again. Consequently, the joint estate and the rights to inherit each other are valid once again.

If spouses disagree about the separation, and/or spouses cannot come to an agreement regarding the conditions of the separation the Family Law Administration cannot grant a separation with permit - see further information on terms of separation under Terms relating to separation. Instead, the case will need to be brought befort the court. 

If there is a disagreement regarding separation, only the Faroese Court can grant a separation with a court decision. For the separation case to be heard in the Faroese Court, one of the spouses will need to file for separation in the Faroese Court. Usually, both parties will also need to have their own attorneys.

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 you and your spouse agree to get separated and are in agreement about the terms of the separation, the Family Law Administration can grant you separation. Learn more about the terms of separation under Terms relating to separation.

When the Family Law Administration receives an application for separation, the spouses are invited to attend a joint meeting at the Family Law Administration. The purpose of the meeting is to clarify that spouses agree to separate and to discuss the terms of the separation. During the meeting, spouses will also be informed about the legal consequences of separating and they have the opportunity to ask more detailed questions about what a separation entails and its implications.

When applying for separation, the following documents should be submitted to the Family Law Administration:

• 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.

In addition to agreeing to get separated, spouses must also agree on specific conditions to obtain permission for separation from the Family Law Administration.

Statutory terms that must be addressed concurrently with the separation include

• Spousal maintenance.

And, if either spouse has separate property, whether

• the spouse with separate property must pay the other spouse compensation.

Please note that agreement of the conditions regarding spousal maintenance means agreeing on whether one of you should pay spousal maintenance to the other spouse, if both should pay, or if there should be no spousal maintenance between you. If you agree that one of you should pay spousal maintenance to the other, you must also agree on the duration of this payment, i.e. the term. You must also agree on whether your agreement on spousal maintenance should only apply during the separation period or continue beyond a potential divorce.

If spouses agree that one should pay the other spousal maintenance but 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 here.

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

Please note that you can check the box on the application form indicating that you wish to attempt mediation with a priest. The application form can be obtained upon request. 

It is the Family Law Administration that grants permission for divorce based on a separation permit. In Denmark, the relevant authority is The Agency of Family Law (Familieretshuset).

When spouses are separated, either with permission from the Family Law Administration or by judgement from the Court of the Faroe Islands, a new application must be sent to the Family Law Administration if spouses later wish to divorce.

Please note, that it is possible to remain separated indefinitely, but it is not possible to marry another person during separation. If separated spouses resume cohabitation after the separation (i.e., move back together), your marriage will be valid again.
 
Find more detailed information about Divorce after separation here.