Divorce law in Sweden

Divorce law in Sweden concerns the dissolution of marriage, child support, alimony, custody and the division of property.

In the early 19th Century, simulated desertion was not unusual for couples who wanted to get divorced quickly.

Towards the late 19th Century, three Scandinavian countries: Sweden, Norway and Denmark, wanted to cooperate in legislative reform.

A judicial decree of separation would then be issued, requiring both spouses to be entirely apart for a year, before each party had the right to apply for divorce.

Such fault-based cases included chronic alcoholism, battering or contraction of a venereal disease.

[8] Under the reformed law on divorce, women enjoyed enhanced economic positions and equal authority in the household.

[13] Additionally, a standard form must be completed and filed to the District Court where one of the partners is domiciled.

In such instances, there are special rules that will dictate when a Swedish court is competent to deal with the applications for divorce.

[17] If the spouses have been living separately for two years, no reconsideration period is required and divorce can take place immediately.

[18] Under special circumstances where marriage was entered into despite the fact that the spouses are related to each other, no reconsideration period is required before a divorce.

Similarly, in an event of bigamy, either party from the earlier marriage is entitled to an immediate divorce.

Such transitional maintenance provides the needy spouse with opportunities to seek gainful employment or retraining.

Spousal maintenance is also granted in cases involving marriages of long duration where the spouse becomes financially needy following the separation.

This form of maintenance extends over the transitional period and the exact duration is determined upon the relevant facts of each case.

If the spouse does not pay anything or gives below the stipulated sum, child support is provided by the Swedish Social Insurance Agency.

Thus, they are encouraged to settle their differences out of court by first negotiating and dividing their assets privately.

The European Union has been facing strong opposition from Sweden to adopt the enhanced cross-border divorces laws across Europe.

[9] Because there is no need to establish an irretrievable breakdown of marriage as the fundamental ground for divorce, the system remains virtually fault-free.

In addition, under the Swedish laws, there is no preliminary requirement of a separation period before a divorce case can be established.

In other jurisdictions such as United Kingdom[29] and Singapore,[30] divorce is granted on the basis of an irretrievable breakdown of marriage.

In direct comparison, the UK legislation requires all couples to undergo a mandatory mediation assessment before they can proceed to court.

[35] Courts in other countries such as United Kingdom[22][36] and Singapore[37] have historically adopted a more cautious approach towards the enforceability of pre-nuptial agreements.

The oldest known vernacular manuscript with the Scanian Law (Royal Library Stockholm, Sweden).
Divorce Statistics in Sweden 2010 [ 10 ]
Riksdag is the parliament of Sweden
1 of the 53 Tingsrätt (district courts) in Sweden.
Reconsideration Period
The ways in which property can be classified. [ 23 ]