Legal divorce in Sweden concerning dissolution of marriage, child support, allowances, custody and property distribution. Divorce returns the status of married people into individuals, making them free to marry again. The divorce law in Sweden is known to be very liberal compared to other jurisdictions.
Video Divorce law in Sweden
Histori
Swedish people have adopted a civil legal system that is largely dependent on statutory law. The German-Roman tradition of European continental countries has influenced the development of Swedish law. The first comprehensive Swedish code, comprising all codified laws, was the Civil Code of 1734, and subdivided into the following Books:
- The Wedding Book
- The Parent Book
- The Inheritance Book
- The Book of Land
- Building Book
- Trading Book
- The Book of Evil
- The Book of Judicial Procedures
- The Book of Judgment execution
The law of the 17th century
The law of the seventeenth century permits only two reasons for divorce - adultery and desertion. This is generally in line with Christian beliefs and guilt principles that affect Swedes. At the beginning of the 19th century, simulated desertion was not unusual for couples who wanted to divorce quickly. One couple will leave the country (because Copenhagen is the nearest foreign city, many go there) and the remaining partner will file a divorce suit on the basis of desertion. The fact of the desertion will be confirmed by the party leaving the country.
Reform: The 1915 Act on Wedding Celebrations and Dissolution
Towards the end of the 19th century, three Scandinavian countries: Sweden, Norway and Denmark, wanted to cooperate in legislative reform. The reason is to give equal treatment to Scandinavian citizens moving from one Scandinavian country to another. In 1909, the Intergovernmental Committee was formed to prepare a common ground for the reform of family law. The Committee consists of delegates, experts and lawyers from three countries.
In 1915, Sweden passed the Act on Wedding Celebrations and Dissolution. Under this Act, married couples can vote for innocence, mutual consent to divorce. Divorce should be based on 'deep and permanent marriage details'. Often, joint application by spouse is an indication of 'marital disorder'.
Couples are required to meet a marriage counselor before such an application is made. The court's decision on separation will be issued, which requires both spouses to be separated for a year, before each party has the right to file for divorce. The law also allows divorce immediately if one party is wrong. Error-based cases include chronic alcoholism, beatings or contractions of venereal diseases.
Under the law on reformed divorce, women enjoy an improved economic position and equal authority in the household.
Further Reform
In 1973, the law did not require a mutual agreement between spouses to divorce. It's enough that one couple wants a divorce. This makes it easier for couples to get divorced. Only in certain cases is a six month review period. It was later transferred to the new Wedding Code (Chapter 5) in 1987 and is still valid in Sweden today.
Maps Divorce law in Sweden
Legal source of divorce
Wedding Code
Divorce is governed by the 1987 Marriage Act. Chapter 5 of the Code provides for divorce reasons. The law on the maintenance of spouses after divorce is set out in Chapter 6. The procedure of divorce is in Chapter 14. Other provisions regarding childcare and childcare are set out in the Child and Parent Code.
Other sources of divorce law
Apart from the Marriage Code, the preparatory legislative material is also used as a legal source in Sweden. These materials include government bills and reports by parliamentary committees. Particularly for divorce, the Bill on the revision of the old Wedding Code is one of the main preparatory materials used in interpreting divorce laws.
Obtaining divorce
Divorce proceedings can be initiated by shared apps by spouse, or with an app for a call by one pair. Family counseling is recommended but not mandatory. If a partner agrees with a divorce, no lawyer is required. Any dispute arising will be resolved in the District Court. In the main session, one judge who is law-qualified and three lay judges will preside. At the end of the dispute, each party is usually expected to bear its own legal costs.
Applying for a divorce
Generally, a divorce application involves submitting a resident registration certificate from both parties, along with a payment of 450 krona application fee. In addition, the standard form should be completed and submitted to the District Court where one of the partners is domiciled. Domicile in this context means the place where a person is registered for the purpose of the population. In the absence of a partner domiciled in Sweden, the application must be submitted to the Stockholm District Court. Complications usually arise where couples from different countries are involved. In such cases, there are special rules that will determine when a Swedish court is competent to handle a divorce petition.
When a divorce request has been filed, a notice from the District Court will be issued. This notification will state the date on which the review period begins, the earliest and most recent date that the parties may apply to and the case number provided by the district court.
Continuing with the application means that the parties have confirmed their intention to divorce. To do so, the parties or parties related to the divorce must notify the district court. This notification can be arranged on a piece of plain paper. On paper, case numbers should be quoted and couples or spouses must state explicitly that they still want a divorce. New identity certificates for both parties must be submitted. If no party submits a petition within one year from the beginning of the time for review, the case will be removed from the district court register and the two parties then marry each other.
Reasons for divorce
Under the laws of marriage in Sweden, divorce does not require any mistake or error by either party as a basis for divorce. As long as the couple agrees to dissolve their marriage, they will be entitled to a divorce. This practice is commonly known as non-false divorce.
Reconsideration period
The period of separation of the law is not an initial requirement under Swedish law. However, both parties will go through a review period under two scenarios: first, if both parties request a reconsideration period. Second, they have children under the age of 16 years.
If one partner does not approve of a divorce, reconsideration of 6 months will follow before the divorce.
If the couple has been living apart for two years, no reconsideration period is necessary and a divorce may occur immediately.
In the special circumstances in which a marriage is entered despite the fact that the couple are interconnected with each other, there is no period of reconsideration required before the divorce. Similarly, in a bigami event, one of the parties of the previous marriage is entitled to a direct divorce.
Maintenance
There are two forms of maintenance - maintenance and maintenance of couples for children.
Treatment for couples
The basic idea is that divorce effectively cuts off all forms of economic relations between couples. Therefore, each partner is responsible for his own financial support after the divorce. Treatment is rarely given unless under certain circumstances. It should be pointed out that the couple is financially in need and that marriage has resulted in the need for maintenance.
Treatment is given when a partner has difficulty in supporting himself for the transition period after the divorce. Such transitional maintenance provides a partner who needs the opportunity to find a profitable job or retraining. The amount is determined by considering the partner's ability to pay, as well as several other factors.
Conjugal care is also provided in cases involving long-term marriage in which couples become in dire need of finances after separation. This form of maintenance is extended during the transition period and the exact duration is determined based on the relevant facts of each case.
Treatment for children
Maintenance for children is mandatory and the amount should be determined either by agreement or by court decision. When assessing the amount, consideration is given to the financial capacity of the paying partner. If the spouse does not pay anything or provides below the specified amount, child support is provided by the Swedish Social Insurance Agency. The couple were then asked to change the agency for all or part of the amount paid for the child.
Asset sharing
Property owned by a couple in marriage can be labeled as a private property or a marriage. After the divorce, only marriage properties will be shared between pairs.
Maintenance of marital assets
Because marriage law in Sweden is driven by the principles of individuality and gender equality, marriage is often seen as a partnership. As such, they are encouraged to settle their differences out of court by first negotiating and dividing their assets in private.
After negotiation, if the couple agrees:
They send out the division of the marriage agreement (original and two copies containing the signatures of two witnesses) and the certificate of resident registration (no more than three months) to the district court where they are registered.
If the spouse is in dispute:
They can apply to the district court for the appointment of a marriage property administrator, who will then make decisions on what to include in the distribution of marital property, how goods should be valued and how they should be shared. Generally, spouse is entitled to a 50-50 share of the property. The court will award the marriage home to the needy partner, after deducting the value of the number of spouses who were previously entitled to receive it.
If one partner is dissatisfied with a decision made by the administrator, he may appeal to the district court. The court may override this same-separate rule if the 50-50 distribution is unfair. Several factors that could influence court decisions are the length of marriage and the party's economic standing.
Analysis and assessment of current rules
Opposition to EU divorce proposal
The EU has faced strong opposition from Sweden to adopt an improved transboundary divorce law across Europe. The proposal, known as Rome III, would allow couples of mixed nationalities to choose a state divorce law that could govern their divorce.
However, the Swedish resistance was largely out of fear that such a policy would violate the relatively liberal divorce law in Sweden. In 2006, the Swedish Ministry of Justice published a report warning against such blanket legislation. This cites the possibility that the European Court should apply restrictive divorce laws from non-EU countries such as Iran.
Swedish Civil Law vs Dictation of Islamic Law
The Swedish Muslim Association, Sveriges muslimska fÃÆ'¶rbund (SMF), has demanded various legal tools to be introduced for Muslims living in Sweden. It is looking for Muslims to be able to apply Sharia in the place of Divorce and Family Law of Swedish legislation.
The Swedish government as well as other prominent Muslims reject the proposal because it allows Sweden to be subject to the law of divorce of another country inconsistent with the Government's intention to achieve the treatment of racial equality.
International comparison
Reasons for divorce
One important feature that marks the Swedish divorce law is the absence of any error requirements when making a divorce case. The error is entirely irrelevant and has no legal consequences on the outcome of the trial. Since it is not necessary to make irrevocable marriage descriptions as the basis of divorce, the system remains error free.
In addition, under Swedish legislation, there is no initial requirement of separation period before a divorce case can be established.
In other jurisdictions like England and Singapore, divorce is granted on the basis of irreparable wedding details. Under the current divorce law in England and Wales, one must prove in court that marriage has failed; there are five reasons why marriage can be deemed to have been torn down: adultery, unreasonable behavior, desertion after two years, a two-year separation with the approval or separation of five years without consent.
Mediation
Another area of ​​difference is that mediation in Sweden is entirely voluntary. Couples are not legally required to undergo mediation as part of the divorce procedure. In direct comparison, UK legislation requires that all couples undergo a mandatory mediation assessment before they can proceed to court. China's divorce law also places a strong focus on mediation and the courts are generally only used when mediation has failed.
Pre-marital agreement
In Sweden, agreements made before marriage are seen as contracts and are generally workable. This agreement usually specifies how assets should be divided into divorce cases. Courts in other countries such as Britain and Singapore adopted a more cautious approach to the enforceability of the pre-marriage agreement. These agreements have been enforced in some recent cases but the laws on pre-marriage agreements in these countries have not been completed.
See also
- Divorce laws around the world
- Swedish court system
- Sharia
- Enhanced cooperation
- Child support
- Child custody
- Child abduction
- Share of property
- Benefit
References
External links
- Swedish Legislation: Reasons for Marriage and Divorce
- FAQ on Swedish Legislation: Reasons for Marriage and Divorce
- Swedish District Court
- Swedish Rules: Child and Parent Code
- Swedish Government Office: Rights of the Child
- International Family Law Sources
- Swedish Marriage and Divorce Law Advice
- Guide to the Swedish Legal System
- Guide to Swedish Law Online
- England Encourages Following Swedish Liberal Divorce Law
- Forums about Sweden Divorce: Local Citizens, Local News Sweden In English
Source of the article : Wikipedia
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