Divorce in Sweden represents the dissolution of marriage made by a court or a competent legal body and implies the cessation of official marriage, child support, custody, division of property and alimony. If a couple has come to a common agreement to get a divorce in Sweden and they do not have children, they pay a cost of 900 SEK in order for their divorce to be approved. You can also request a divorce alone in case of disagreement on the separation. To learn more about divorce in Sweden, you can get help from our lawyers.
Please get in touch with our divorce lawyers in Sweden for details and complete legal guidance.
| Quick Facts | |
|---|---|
| Applicable legislation | The Swedish Civil Code. |
|
Is marriage annulment available in Sweden (YES/NO)? |
No, this option does not exist in Sweden. |
|
Types of procedures |
Court proceedings are available. |
| Court in charge of divorce hearings in Sweden | Local district courts. |
| Grounds for divorce in Sweden |
There is no need to invoke a motive to get a divorce in Sweden. |
| Possibility to file a joint application for divorce (YES/NO) |
Yes, joint applications are also allowed in Sweden. |
| Consideration period (if applicable) |
Yes, a consideration period is available for couples with minor children. |
| Duration of the consideration period |
6 months. |
| Requirement to appoint a lawyer (YES/NO) |
Yes, for court proceedings legal representation is required. Our litigation lawyers can assist. |
| Is asset division a part of the divorce hearing (YES/NO)? | Yes, the court can also hear asset division-related matters. |
| Possibility to reach a mutual agreement for the division of assets (YES/NO) |
Yes, such an agreement can be concluded before going to court. |
| Is the hearing for children’s custody separate from the divorce hearing? (YES/NO) |
Yes, an application for custody must be lodged with the court. |
| Possibility to obtain single/joint custody of minor children (YES/NO) |
Yes, both options are available. In Sweden, the second type of custody is often used. |
| Judgment issuing time frame (approx.) |
A few weeks in cases where the parties agree on all important matters. |
| Other procedures to be completed after the divorce (if any) | The court will notify the Tax Department about the decision. |
Table of Contents
Grounds for a divorce in Sweden
There are different grounds on which a person can apply for divorce. For instance, the willingness of one or both partners to end the marriage serves as the basis for divorce in Sweden. Sometimes a divorce must be preceded by a 6-month deliberation period, such as when just one spouse wants to end the marriage or when spouses have children under the age of 16. Other reasons for divorce include the fact that the marriage was forced, one spouse is under the age of 18, the couple is related closely, or one of the spouses is already part of legal marriage or partnership with another individual.
If you need information about the procedures of divorce in Sweden for foreigners, you can interact with our lawyers.
Our divorce lawyers in Sweden can guide you in detail about the grounds on which you can file a divorce suit in a court of law. Their legal assistance can help you present a strong case in a court of law.
Requirements to get a divorce in Sweden
Our Swedish lawyers can provide comprehensive assistance regarding the procedure of divorce in Sweden for foreigners. You must note that in certain situations, a six-month period of deliberation must come before the divorce. This happens:
- if both partners ask for some time to think things over;
- if one of the spouses has custody of and lives in permanent union with their child who is under the age of 16;
- if only one partner desires the dissolution of the marriage.
The Marriage Code also presents an exception from the consideration time. In the instance of the spouses living apart for at least two years, any of the spouses has the right to ask for divorce without the need to take this deliberation period. This is relatable even in the situation of the other partner not being able to accept the divorce or if the former couple has children aged under 16 years.
You are welcome to get in touch with our attorneys in Sweden if you are seeking legal help to get a divorce. They can provide you with detailed information regarding the proceedings of a divorce in Sweden.
In addition to this, if you want to open a company in this country, you can still interact with our lawyers in Sweden. They can provide you with practical incorporation assistance. We also offer support in taxation matters. Tracking, documenting, and ultimately reporting on financial transactions through the creation of financial statements is the main goal of financial accounting. Our accountants in Sweden are at the service of clients with a broad range of such services, so that business persons can focus on the core activities of their companies.
The outcomes of divorce in Sweden
After the confirmation of a divorce in Sweden, there are certain outcomes. If you are getting a divorce in Sweden, you must be ready for the following events:
- Maintenance: The spouses are each liable for their support following the divorce. Exceptions only apply in very specific situations, such as when one spouse finds it impossible to support themselves after a prolonged marriage has ended or when there are very unique grounds;
- The personal circumstances of the couple: When entering into a marriage or during a marriage, if one of the spouses takes the other spouse’s last name, the spouse has the right to revert to the last name they had before the marriage. If you need more details in this regard, you are welcome to get in touch with our divorce lawyers in Sweden. They can describe to you the whole procedure of reverting to your surname;
- Property division for the couple: The couple’s assets must be divided equally after a divorce in Sweden. The property is distributed evenly as a general rule. It is important to note that, concerning the distribution of the couple’s assets, the issue of who is to blame for the breakdown of the marriage is completely irrelevant. If you are getting a divorce in Sweden, and you want to resolve the distribution of assets calmly, it is recommended to get legal help in this regard. You are welcome to get in touch with our divorce lawyers in Sweden. They can look after the issue of the distribution of property efficiently;
- Child custody after divorce: The couple automatically retains joint custody of their kids after a divorce. A judge may, however, decide to end joint custody:
- If the court determines that sole custody for one of the spouses is in the child’s best interests, either at the court’s request or if it determines that joint custody is incompatible with the welfare of the child;
- The court must grant a request from both spouses to end joint custody if both make the request.
If you are getting a divorce in Sweden, child custody-related matters might be difficult for you. So, you are welcome to get the assistance of our divorce lawyers in Sweden in this matter.
If you want to learn about the outcomes of the divorce in Sweden for foreigners, you can get in touch with our lawyers.
Child custody after divorce in Sweden
After a divorce or separation, parents typically share custody of the children, and that the kids spend as much time with both parents as they can. You can obtain assistance from the municipal organization known as “familjerätten” if you cannot agree on housing arrangements or visitation patterns. They might try to assist you in reaching decisions about your kids. The next step, if that does not work, is to consult a Swedish lawyer. Any legal fees associated with consultations or court proceedings that affect custody or living arrangements are often covered by the government or your homeowner’s insurance. You can always ask the attorney you speak with to elaborate on this point.
You have the right to translations on any communications involving your children. When you communicate with any governmental body, such as social services or the court, you may do it orally and in writing. Ask our divorce lawyers in Sweden whether you require an interpreter at meetings with them, and they will make arrangements for you. You can agree with your former spouse with the legal services of our attorney. If that is not practicable, the next step is to file for custody, housing, or visiting request with the court. Our attorneys in Sweden will assist you in presenting your case in court and keep you informed of all developments. Together, you will appear in court, and our attorney will make arrangements for an interpreter to be there.
Court cases involving children will take some time to complete. But before concluding, the court must have a solid foundation of knowledge. The divorce lawyers at our law firm in Sweden can present strong grounds in court to help you get a divorce.
Please get in touch with our lawyers if you need more guidance about divorce in Sweden for foreigners.
Do expats need to fulfill additional requirements to file a divorce suit in Swedish courts?
No, expats do not need to comply with any additional set of requirements for filing a divorce suit in Sweden. The Swedish court’s jurisdiction is the only condition. The Brussels IIa-regulation specifies jurisdictional criteria in matrimonial cases, in the case that any of the conditions mentioned below are met:
- Sweden is the last country the couple resided together, and if either spouse currently resides there;
- Spouses have submitted a joint application;
- Both spouses are residents of Sweden;
- The non-applicant spouse resides in Sweden;
- The spouses are both citizens of Sweden.
If the before mentioned conditions are met, then the Swedish courts will have the jurisdiction of granting a divorce. Our divorce lawyers can guide you properly on where to file a suit for dissolution of marriage. Such efficient information can save you lots of time and money. Get in touch with our attorneys in Sweden for their legal services.
How do Swedish courts divide matrimonial assets after divorce?
Keeping into consideration different scenarios, the court of law takes different approaches when it comes to the division of matrimonial assets after marriage. First, the estate splits between the couple and their respective parts will be determined. Then, any debts owed by either spouse are deducted from their respective marital assets. The residual marital assets of the parties will then be combined. The spouses must then split the value thereof evenly. If there are unique circumstances, such as a short marriage, a spouse’s bankruptcy, or a spouse’s death, the distribution can be handled in a different fashion, such as allowing each spouse to keep their share of the marital property.
As a matter of course, the total of assets that are owned by a spouse during the marriage period are considered subjects for equal division. This rule also has some exceptions for the following belongings:
- Possessions that are the subject of private property owned through prenuptial contract, inheritance or conditional gift;
- Disposable objects, like clothes or personal care products, for example;
- Objects that are solely used for personal reasons;
- Personal rights that are non-transferable;
- Pension rights that are non-transferable.
If you are seeking any legal assistance in such a matter, you are welcome to get a consultation from our attorneys in Sweden. They can offer detailed guidance about the division of assets after divorce.
Spousal maintenance after divorce in Sweden
The Swedish Court is stating that the financial maintenance of the family should be held by both spouses during the period of marriage and after the marriage has ended though divorce, each spouse needs to be in control of their own maintenance.
In the case of one spouse non being able to pay for basic personal needs or for the tax duties after the divorce in Sweden, the Court might order the other spouse to contribute with the needed amount of money. If the person in case refuses to pay for the other spouse, there is an authority called The Swedish Enforcement which has the responsibility to handle the situation in order to follow the rights of the both parts involved. The person who is entitled by law to receive maintenance can submit an application to this authority for starting the enforcement process.
Our law firm in Sweden offers relevant support in getting more details about the spousal maintenance after divorce in this country.
Divorce in Sweden for immigrants
For people who are relocated to Sweden and plan to file for divorce in this country, the process can come with some difficulties. For example, in the circumstance that one spouse is employed by a Swedish company and the other spouse is dependent of the partner’s income to support himself/herself, then the divorce process becomes complicated. The divorce process for immigrants in Sweden becomes acrimonious especially in the case where children are involved. In this difficult situation, the Hague Convention might be taking part in this process to finalize a divorce in Sweden of this kind.
If you are an immigrant in Sweden who is looking to file for divorce, our Swedish attorneys are at your service with all the information and support needed.
Divorce statistics in Sweden
There are various matters that are increasing the rates of divorce worldwide. Sweden is also among the countries with high divorce rates, although in the last years is has been observed a decrease in this matter. Please find below the recent statistical data about divorces in Sweden:
- In 2023, the number of divorces registered in Sweden was 21,231.
- In Sweden, a marriage dissolved by divorce lasted an average of 12.2 years in 2022;
- The age group of adults between 40 and 44 who experienced the most divorces in Sweden in 2022 totaled around 6,500.
In addition to this, you can also consult with a CPA in Sweden (certified public accountant) if you need accounting services in this country. Our team can provide efficient accounting services for your business in this country. Contact our divorce lawyer in Sweden if you are interested to know more details. Our lawyers can provide thorough information about divorce in Sweden for foreigners. They will also guide you about the court proceedings, relevant fees and more.