In an international comparison, the Swedish divorce process is both fast and inexpensive. There are few countries where it is possible to get divorced as quickly as in Sweden, while at the same time keeping costs for the divorce proceedings to a minimum. In international marriages it is therefore not uncommon for a spouse, who wants to obtain a divorce as soon as possible, to apply for divorce in Sweden – if that option is available.
Basic rules for divorce in Sweden
The Swedish regulation concerning divorce are found in the Marriage Code (Äktenskapsbalken), primarily in its fifth chapter.
An application for divorce can be made through a joint petition by the spouses. If only one of the spouses wants to divorce, the spouse can submit a summons application. The petition or the summons application must be submitted to the district court in the judicial district where the spouses have their domicile. If the spouses have domicile in different judicial districts, the spouse(s) can choose which of the two courts the application should be submitted to. If neither of the spouses has domicile in Sweden, the application must be submitted to the Stockholm District Court.
A spouse does not need to provide any reasons for why the marriage should be dissolved and it is not possible for the other spouse to successfully contest the application. An application for divorce will be granted even if the other spouse contests or otherwise opposes the application. The only thing the other spouse can really achieve by contesting the application is that the divorce must be preceded by a period for consideration before the divorce is granted.
The processing time of an application for divorce is usually very prompt. If the divorce must not be preceded by a period for consideration and the spouses jointly apply for divorce, the district court usually grants the divorce within one or a few weeks after the application is received. This under condition that the application is correctly drafted, and all mandatory documents are attached.
Period for consideration
A divorce must be preceded by a period for consideration if any of the following conditions are met:
- One or both spouses request a period for consideration.
- Only one of the spouses wishes for the marriage to be dissolved.
- One or both spouses have children living at home who are under 16 years old.
If either of these two conditions are met, the court must decide on a period for consideration. The period for consideration is six months, after which one of the spouses must make an application for completion in order for the divorce to be granted. The application for completion must be made no later than twelve months after the application for divorce was submitted to the court.
When the court has received the application for completion, it will render a decree of divorce. When the decree has been rendered, the spouses have the opportunity to appeal within three weeks. If no appeal is made within this time, the decree becomes legally binding, which means that the divorce is "final" and that the spouses are no longer married to each other.
If neither of the spouses applies for completion within the twelve-month period, the application for divorce expires, and the spouses are still married to each other. If one of the spouses thereafter wants to divorce, the complete procedure with a new application, new period for consideration, etc. must be repeated.
No period for consideration if the spouses have lived apart for more than two years
In the Marriage Code, there is an exception that states that if the spouses have been living apart for at least two years, a spouse has an absolute right to a divorce without a period for consideration. This means that even if the other spouse does not want the marriage to be dissolved, requests a period for consideration, or if one of the spouses has children under 16 years of age living at home, the court will immediately grant a divorce without a period for consideration.
It is for the spouse who invokes the two-year rule and wants an immediate divorce to prove that the spouses have been living apart for at least two years. In most cases, this can be done by submitting a special certificate (särlevnadsintyg) to the court.
Division of property after a divorce
According to Swedish law, two spouses who are getting divorced must divide their marital property between them and sign a written property division agreement. The main rule, if Swedish law is applicable to the division of property, is that the net worth of the spouses’ marital property should be divided equally between them.
Applying for divorce in Sweden does not automatically mean that Swedish law applies to the division of property. The rules governing the divorce are different from the ones governing the division of property. Therefore, even if a divorce is granted by a Swedish court, the spouses' division of property may need to be done according to the law of another state, for example French, German or American state law.
Consult a family law attorney when applying for divorce in Sweden
Although the Swedish rules for divorce are relatively straightforward, you should not handle an international divorce in Sweden without the assistance of an attorney specialized in Swedish family law. In addition to drafting the mandatory documents for the joint petition or the summons application an experienced family law attorney can guide you through the process.
As indicated above, other issues often arise in connection with a divorce, such as property division issues, custody and visitation issues, requests for a Brussels II certificate, etc. An experienced family law attorney will protect your rights both in the divorce and in all other matters related to the divorce.
