Hlutamyndir

Di­vorce

It is safe to say that divorce is one of the major traumas we can experience in life, and whether it's our own decision or against our will, this is a difficult process for individuals and families.

When the decision to divorce has been made, people often face a jungle of questions.

  • How do I manage running a household on my own?

  • What happens to our shared home?

  • How do we divide assets and debts?

  • How will the children's support be arranged?

It's very normal for all these decisions to seem overwhelming and cause anxiety, but the most important thing is to take one step at a time. It's good to show yourself compassion and be aware that this is a process and a situation that will not last forever. By taking one step at a time, you will eventually emerge from the fog and can begin building your new life.

The biggest question is often what happens to the shared home. Before deciding to put the home up for sale, it can be beneficial to get financial advice to explore both parties' purchasing options following the divorce. The same applies if one party is considering buying out the other's share of the property.

Besides the home, the biggest task is dividing assets and debts. The rule is that assets and debts should be divided equally in a divorce, but if a prenuptial agreement has been made and assets registered as separate property, they do not fall under the equal division rule. To begin this process, it's necessary for both parties to have an overview of all assets and debts to be divided. It's very sensible to get legal advice in these matters, as strong emotions can color the process, and it's good to have a neutral expert to guide you. This could be a mediator who has both parties' interests at heart or two personal lawyers.

Once the settlement of assets and debts has been decided, practical matters come next on the agenda, such as changing registration on joint accounts and loans, opening new accounts and applying for a new card, ensuring that registrations are correct for expenses like insurance, heating and electricity, and other such items. It's also good to check whether one party is entitled to pension payments from the other. Similarly, it's good to review who is registered as the recipient of life insurance and whether there is a desire to change that. Finally, many couples have viewing access to each other's unpaid bills, and it's good to remember to change that.

It's also important for couples to make an agreement about child support during divorce. The law states that the parent with whom the children have their legal residence should receive standard child support from the other parent. However, it's up to the parents to find a way to ensure shared financial support for the children. Many establish an account that both parties pay into monthly, and expenses for the children are taken from that account. If a mutual way to share child support cannot be found, it's possible to apply for the Social Insurance Administration to mediate the payment of child support.

It is the District Commissioner in the capital area who issues permits for legal separation and later divorce.

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