When “Mari” and “Tom” chose to separate seven years ago, it was the consideration of the daughter that came first. She would not have to move from one to the other. – We shared an address for two years after the separation. The best thing for her was that we moved in and out of the same place, says “Mari”. She and her former husband have told their story in the news podcast “Accident Commission”. But this choice also led to the couple getting a lengthy divorce. In Norway, the rules are such that you must live separately for a whole year before a divorce is granted. In addition, you must have two witnesses who confirm this. – I think the rules on separation time are an over-guardianship. It is perfectly fine to have such a period, but it is not as easy to live apart from each other all the time. I don’t understand why the law should dictate on such a level, says “Mari”. Same wording for 100 years The law we are dealing with dates from 1909. It was admittedly renegotiated in the 70s and 80s. Until then, the separation period was two years if the parties did not agree. So far, two committees have looked at the Marriage Act from the early 20th century: Once in 1957, and a new committee set up in 1971. In other words, there has been little discussion about the topic in Norway. – It is a detailed management of private life by the state, and one can then ask whether it is an unnecessarily strong intervention in the right to privacy. Perhaps it is time for a debate about whether it is proportionate to demand separation for one year, says lawyer Marianne Berg to news. The wording when it comes to separation is much the same today as it was 100 years ago: Why is it that the state interferes in our love lives? Social anthropologist Torgeir Kolshus at Oslo Met tries to explain. The family as the nucleus of society – There are many reasons, and some of them are historical, he says. Kolshus explains that the family is in many ways considered the nucleus of society. And that the modern state is concerned with creating a form of community within its borders. – It appears almost like a kinship system – a link to the metaphorical aspect of kinship, that you and I belong together because we are Norwegians. And again in this kinship, one of the important building blocks is precisely the family. The professor explains that this is therefore important on an identity level. To maintain a stability. There are also other advantages to being married, compared to just cohabiting: You save a good deal of money in the form of tax, among other things. – Being together two by two is something the state thinks is good for us, says Kolshus. He still does not think it is so strange if some people feel that the rules for separation and divorce are quite intrusive. Consideration for the children But much is about consideration for the little ones, explains the professor. Those who have children together must endure an even greater intervention by the state than others. – Those who are married and have children, for example, must go through mediation. This can certainly seem quite invasive to some. Because what does a wild stranger have to do with us not being able to live together anymore? The answer to this is quite simply that you must ensure that it is possible to cooperate with the children. For this responsibility, you will share the rest of your life, explains Kolshus. A breakup can be very difficult for a child. The strict rules are designed, among other things, to take care of the smallest. Photo: Sara Johannessen Meek / NTB – Detaljstyring Marianne Berg is a lawyer, and helps many couples who want to divorce. She says that being obliged to live apart can be good. Many people experience being “a bit back and forth” in such a situation. – For reasons of stability around a family relationship, one might think that it is important that the parties take the time they need to be sure that divorce is the right solution. But she also believes that this is detailed management on the part of the state. She is unsure whether the operation can be legitimized. Risking a prison sentence – It is, after all, a right to privacy that stands strong in both Norwegian and international law, and there must therefore be very good reasons to deviate from this right. Here, I probably do not think there is a strong enough reason on the part of the state. Berg says that this rule that two witnesses must confirm that the separated couple has really lived apart for one year is special. – I think the obligation to testify is a major intrusion into privacy. According to the witness statement, the witnesses risk punishment in the form of imprisonment for up to two years if they give false testimony. – There is therefore a great responsibility on the witnesses, which I think is disproportionately burdensome. The lawyer believes that it should be enough for the spouses themselves to declare that they have been effectively separated for one year, or that they have been in an actual break-up for two years. Marianne Berg says that having old laws in Norway is nothing new. Among other things, we have one of the world’s oldest constitutions. Nevertheless, she believes it is time for a debate about the separation scheme. Photo: Dialecta A simple print There are big differences in the laws and regulations when it comes to divorce in the Nordic countries. In Denmark, for example, you can only open the computer by pressing a button. As long as both parties agree, you will almost be divorced on the same day. It is also much easier in Sweden and Finland than in Norway. Separation time and divorces in Norway, Sweden and Denmark Norway: 1. If you want to divorce, you must first apply for separation (as long as you have not lived apart for more than two years)2. If you have children under the age of 16, you must present a mediation certificate to be allowed to apply for separation. The aim of the mediation is to get a visitation agreement written. 3. You must be separated for one year to be able to apply for a divorce. 4. Two witnesses must provide their statement for the divorce application to be processed. Sweden: 1. If both parties agree, a divorce can be granted immediately, without a cooling-off period. This does not apply if you have children under the age of 16. 2. If you have children under the age of 16, the reflection period is six months. The same applies if the parties do not agree on the divorce. Denmark 1. If both parties agree, you can divorce immediately. 2. If you do not agree, or do not agree on the division of property, you normally have a separation period of six months. If this “button” had existed in Norway, would “Tom” and “Mari” have used it? – We were in no rush to separate, but for those who actually want to move on in life, there is something about this that others should decide what is right for the individual. I think that’s strange, says “Mari”. In Norway, approximately 20,000 couples marry each year – half divorce. So, in the course of a year, approximately 10,000 couples find themselves in this somewhat complicated period of separation. Norwegians divorce less often than Swedes, Danes and Finns. Photo: Eurostat
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For over a hundred years, the time of separation in Norway has been the same – news Trøndelag
