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One of the spouses or both of them together may apply for a divorce. The divorce must be preceded by a six-month period for reconsideration in certain circumstances. This is the case:
In certain exceptional cases, however, couples covered by the above points also have the right to divorce without a period for reconsideration. This is the case if the couple has been living apart for two years. One spouse also has the right to a divorce without first having a period for reconsideration if it is found to be likely that the spouse was forced to enter into the marriage, or if the spouse entered into the marriage before the age of 18 without the proper official licence. If the marriage was entered into even though the spouses are closely related to one another, or if the marriage was entered into even though one of the spouses was already married or a partner in a registered partnership and the previous marriage or partnership had not been dissolved, each of the spouses has the right to a divorce without first having a period for reconsideration.
A spouse always has the right to obtain a decree for divorce and does not need to rely on any special grounds for such a decree.
If one of the spouses took the other spouse’s surname, that spouse has the right to revert to the surname that he or she last used before the marriage.
After a divorce, the couple’s property is to be distributed between them. The general principle is that the property is shared equally. The reason for dissolution of the marriage is of no importance for the division of the couple’s property.
After a divorce, the spouses automatically continue to have joint custody of their children. Joint custody may, however, be terminated by a court:
If both spouses request that joint custody be terminated, the court is obliged to comply with the request.
Both parents are responsible for the maintenance of their child. The parent who does not live with the child fulfils the maintenance obligation by paying maintenance contributions for the child to the other parent.
After the divorce, each spouse is responsible for providing for themselves. Exceptions only apply in certain special situations, e.g. where one spouse has difficulty providing for themselves after a long marriage has been dissolved or if there are other special grounds.
There are no rules governing legal separation in Swedish law.
There are no rules governing legal separation in Swedish law.
There are no rules governing legal separation in Swedish law.
There are no rules governing marriage annulment in Swedish law. A marriage can be dissolved either if one of the spouses dies or if a court issues a decree for divorce.
There are no rules governing marriage annulment in Swedish law.
There are no rules governing marriage annulment in Swedish law.
Only the court can decide to dissolve a marriage by divorce. There are, however, alternative options for resolving the various issues that may arise in connection with a divorce.
The spouses may obtain what is known as ‘family mediation’, which aims to deal with cohabitation conflict. In this way, couples can seek help with resolving problems and conflict so that they can continue their marriage. If there is already a de facto separation, family mediation can instead help to alleviate the conflict and make it possible for the adults to work together in their parental role. Family mediation is provided by the public sector (local authorities), church bodies, and other individuals. Local authorities are responsible for ensuring that family mediation is offered to anyone who requests it.
The spouses also have the right to what are known as ‘cooperation discussions’. These discussions are not geared to the relationship between the adults, but to the children. Cooperation discussions seek primarily to reach agreement on issues relating to custody of the children, where the children will live, and access to the children. Cooperation discussions are supervised by experts. Local authorities are responsible for ensuring that cooperation discussions are offered to anyone who requests them.
If the spouses wish to make a change with regard to the custody of their children, where the children will live, or access to their children, this can be done by concluding an agreement on the matter. Such an agreement must be approved by the local authority’s social welfare committee.
There are no rules governing legal separation or marriage annulment in Swedish law.
The first condition for filing a petition for divorce with a Swedish court is that the Swedish court must have the jurisdiction to hear the case. In addition to the provisions of the Brussels II Regulation, the following cases are also covered according to autonomous rules of Swedish court jurisdiction:
If it is demonstrated that a Swedish court has jurisdiction to hear the divorce proceedings, the case is heard by the district court (tingsrätt) in Sweden within the circuit of which one of the spouses is resident. If neither of them is resident in Sweden, the case is heard by Stockholm District Court (Stockholms tingsrätt).
There are two different ways of bringing a divorce case to the district court. If both spouses wish to be divorced, they may file a joint petition. However, if only one of them wishes to obtain a divorce, the spouse who wishes to be divorced must submit a summons application to the district court. In both cases, copies of both spouses’ birth certificates must be enclosed. These can be requested from the Swedish Tax Agency (Skatteverket).
In a case that concerns divorce and related issues, legal aid may only be granted where there are special grounds.
There are no rules governing legal separation or marriage annulment in Swedish law.
Yes, an appeal may be lodged against a decree for divorce.
According to Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (the Brussels II Regulation), a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. There are, however, certain grounds for non-recognition.
The main rule in the Brussels II Regulation is therefore that a decree for divorce or legal separation or marriage annulment that has been issued in any other Member State must automatically be treated in the same way and have the same legal effects as an equivalent Swedish decision. Even though the regulation is therefore based on the principle of automatic recognition, it is still possible for an interested party to obtain a declaration that the foreign judgment is or is not recognised in Sweden. Such an application is made to the Svea Court of Appeal (Svea hovrätt), which at this stage makes a decision on the application without consulting the opposite party.
An application must be made to the Svea Court of Appeal in order to use the opportunity provided for in the Brussels II Regulation for obtaining a declaration that the foreign judgment is recognised in Sweden (please see question 14 above). If the Svea Court of Appeal has declared in such proceedings that the judgment in question is to be recognised in Sweden, it is possible for the other party to apply for a review of that decision. An application for such a review is submitted to the Svea Court of Appeal, which will hear both parties in the remainder of the proceedings. An appeal can then be lodged with the Supreme Court (Högsta domstolen) against the decision on the application for review by the Svea Court of Appeal.
A petition for divorce that is heard by a Swedish court must always be examined under Swedish law (the lex fori principle).
In certain cases, however, regard must also be had to the provisions of foreign law. This applies in the following cases:
Where both spouses are foreign nationals and one of them claims that there are no grounds for dissolution of the marriage under the law of the State of which he or she is a national, a decree for divorce may not be issued if, having regard to the interests of the spouse or the children of both spouses, there are particular grounds for not doing so.
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