The only condition in order to be separated is that one or both of the parties no longer wishes to cohabit. Divorce may take place on two different bases:
- when the couple have been formally separated for at least one year. The parties must apply for divorce themselves.
- when the couple have lived separately for two years without having been formally separated by authorisation or by a court ruling. This depends on both parties agreeing to sign the application or indicate agreement on this in the conditions.
Couples who have children of the marriage under the age of 16 must take part in conciliation before the matter is brought before the court or the county governor. The purpose of concilation is to reach agreement about parental responsibility, right of contact or with whom the child/children will live permanently.
Administrative procedure
Guidelines – applying for, or receiving the service
You apply for separation and divorce on the form prepared by the Ministry of Children and Family Affairs, The county governor will be able to provide further information about the procedure.
Appendix/supplement
The wedding certificate and valid confirmation of conciliation. It is only if the couple have children of the marriage under the age of 16 that confirmation of conciliation has to be attached.
Administrative procedure
When the county governor has received the application, the parties can be summonsed to a joint meeting if the county governor considers this expedient. Where possible, the county governor shall in all cases obtain confirmation that the parties have lived separately during the prescribed period and not re-commenced cohabitation. If the condition for divorce is fulfilled, the county governor may grant a divorce licence.
Administration time
The municipality shall consider your application as soon as possible. If the matter cannot be determined within one month, you will be informed of this in writing with the reasons for the delay. At the same time you will be informed when you may expect to hear of the municipality’s decision.
Possibilities to appeal; procedure
Either of the parties may appeal the resolution within three weeks of having been informed. The appeal is sent to the county governor. In the appeal, you should state what you wish to be changed, giving your reasons. The appeal body is the Directorate for Child, Youth-, and Family Affairs. Prior to the appeal being sent to the Directorate, the county governor shall consider whether there are reasons to change it.
The parties may state in advance that they do not wish to avail themselves of the right to appeal the decision.
