Divorce
If you find yourself in the unfortunate situation of having to get a divorce in Norway, then you may need to know what your rights and obligations are in order to avoid a messy divorce.
To begin with, it is important to note that both you and your spouse do not need to agree to get a divorce. Either can decide/apply to get one.
In Norway, you must be separated for one year before you can get a divorce. You must apply for a licence from the County Governor (Statsforvalteren) in the county where you last lived together to separate and divorce.
After you’ve received a license to separate and one year has passed, one or both parties can apply for a licence to divorce.
Remember that although you're separated, you're still considered to be legally married. So neither party can remarry while separated.
The Norwegian Tax Administration also requires you to do the following:
- Amend your tax deduction card every time there are major changes to your debt, house value or other assets and wealth.
- Notify the Norwegian Tax Administration of your move if your address changes.
- Notify a change of address for children under 18.
- Apply for a licence to separate or divorce with the County Governor in your county of residence.
- Send a written notification to the Norwegian Tax Administration if you get back together again.
There are many financial and practical matters to consider when getting a divorce. You can, however, decide if you and your partner would like to agree on financial and practical matters while separated or when divorcing. Arrangements made during your separation are valid even when you're divorced, unless you agree otherwise.
More info is available here on some of the more common issues (listed below) faced by couples who are getting a divorce.
- Joint residence
- Dividing shared assets/wealth and debt
- Children
- Changing your name
- Joint income
- Spousal support
Source: The Norwegian Tax Administration
Unless otherwise stipulated in an agreement with a foreign state, matrimonial proceedings can be brought before a Norwegian court or by the local county governor if:
- the defendant is a resident in Norway.
- the plaintiff is a resident in Norway and has either resided there during the last two years or has previously resided there.
- the plaintiff is a Norwegian national and it is proven that, owing to their nationality, they would not be able to institute proceedings in the country where the defendant is resident.
- both spouses are Norwegian nationals and the defendant is not opposed to the case being brought before a Norwegian court.
- divorce is sought on grounds of separation notified in Norway during the previous five years.
- the marriage was contracted in Norway and it is proven that the plaintiff would not be able to institute proceedings in the country of which they are a national or are resident.
Source: Section 30b of the Marriage Act
According to Norwegian international private law, the asset distribution between spouses should be determined according to the laws in the first country of joint domicile of the spouses.
If the spouses have not had a first joint domicile when the marriage ends, e.g. if they have lived in different countries, the choice of law will presumably be the country with which the case is most closely connected.
The question of choice of law will have to be decided based on the circumstances in each specific case. A Norwegian court could rule that Norwegian law is applicable even if the spouses had their first joint domicile elsewhere, e.g. if they are Norwegian citizens and for the most part have lived in Norway.
Source: Arendals Advokatene
The Marriage Act in Norway has information including that pertaining to the division of assets when seeking a divorce (Section 58 & 59 of the Marriage Act).
The division of assets is usually dealt with privately rather than in court.
If parties have joint property, they can take the case to court and ask for a public administration of the estate.
Source: The Marriage Act
Last modified 6 November 2023
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