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Marriage & Divorce

We are getting married, do we need a pre-nuptial agreement/marriage contract?
A pre-nuptial agreement is required if you and your future wife/husband wish to regulate either spouses property as private property. Private property is not included in a division of property should you get divorced. In other words the spouse won’t be able to get any of the property value in a division of property. It is possible to be very specific when designing a pre-nuptial agreement.
Read more about pre-nuptial agreements
Standard template for pre-nuptial agreements

We were married in a foreign country, how do we register the marriage in Sweden?
After marrying abroad you need to show the Swedish Tax Agency (Skatteverket) a certificate that proves that you are now married. If the Swedish Tax Agency deems the marriage to be valid in Sweden, it is registered in the national registration (folkbokföringen)

I want to divorce, what is the procedure?
First you will need to file for divorce. The application, along with an extract from the population register, is sent to the district court (tingsrätten).
Read more about divorce
Form for application for divorce

What is a division of property after a divorce?
Simply put a division of property after a divorce is an agreement that regulates who gets what from the marital property (giftorättsgodset) when dividing the property after a divorce. Depending on the length of the marriage you are entitled to between 10-50% of the surplus from your former spouse’s property (Assets after subtracting debt). This may be modified by the existence of a pre-nuptial agreement regulating some or all of the property as being private and excluded from a division of property.
Read more about division of property after divorce

Do we have to go through with a division of property when we have divorced?
To enter an agreement about the division of property is not a requirement, but in most cases a good idea. The benefit of having an agreement is that you resolve the economic issues of a separation so that you may move on in life.

Is it possible to divide the marital property during a marriage?
Yes. A division of property can be made during a marriage. Spouses own their own property and are responsible for their own debt in a marriage. If the spouses wish to change the ownership of property during marriage this can be arranged through a division of marital property. For this to be valid it is required to have the agreement registered with the Swedish Tax Agency (skatteverket).


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