Today, it is not unusual to establish family relationships across national borders. When a married couple has connections to several countries (international marriages), questions arise as to which country’s rules apply to the divorce settlement. Choosing which country’s rules apply is called “choice of law” (the choice-of-law issue).

In this article, we provide a brief introduction to the Norwegian choice-of-law rules for divorce settlements in international marriages.

When do questions arise about which country’s rules apply?

The question of choice of law only arises when the spouses have connections to several countries. This may, for example, be the case when:

• A Norwegian citizen marries a foreign national abroad
• Two foreign citizens move to Norway after having married abroad
• Norwegian spouses move abroad together

In such cases, it must be determined which country’s rules apply to the divorce settlement.

Main rule: The first common place of residence decides

Under Norwegian law, the main rule is that the rules of the country where the spouses had their first common place of residence after entering into the marriage apply to the division of assets and property upon divorce.

Example: A Norwegian woman marries a German man in Germany. They live together in Germany for five years before moving to Norway. In the event of a divorce, German rules apply to the financial settlement, because Germany was their first common place of residence. Norwegian courts can handle the division of the marital estate and will then follow Norwegian procedural rules, even though the actual division takes place under German law.

Spouses without a common place of residence

If the spouses have never had a common place of residence, it becomes more complicated to determine which country’s rules apply. The choice-of-law question has not been clarified for these situations, but there are two possible alternatives:

• The rules of the country to which the spouses have the closest connection
• The rules of the country of which they are both citizens

Can spouses agree on which country’s rules apply?

It varies from country to country whether the spouses can agree on the choice of law. In many countries, the spouses have freedom of contract, but be aware that specific formal requirements may apply for such an agreement to be valid.

Under Norwegian law, the spouses can agree in advance on the choice of law for a possible property division settlement. We recommend that the agreement be made in the form of a marriage contract.

Key points in international divorce settlements

• Where there are connections to several countries, it must be determined which country’s rules apply to the financial settlement.
• Main rule: First common place of residence after entering into the marriage
• Exception in the absence of a common place of residence
• Spouses can often agree on the choice of law, but the agreement may have to comply with certain formal requirements

This article provides an overview of the main rules, but every case is unique. Contact us for tailored legal advice.

Contact us for help

Do you have questions about which country’s rules apply to your divorce settlement? Our lawyers have extensive experience with international cases and will guide you safely through the process. Contact us for a no-obligation consultation!