In Sweden, divorce is generally a straightforward legal process and each of the spouses has an absolute right to divorce. However, the Swedish Marriage Code (Äktenskapsbalken) includes a specific mechanism called consideration time or reflection period (betänketid), to ensure that couples have time to reconsider their decision before finalizing the divorce. This consideration time is designed to protect the interests of both parties and, most importantly, children under the age of 16. In this article, we will break down when the court decides to impose a consideration time, how long it lasts, and the exceptions to the general rule.
1. When Does the Court Impose a Consideration time?
In Sweden, the consideration time is not always mandatory. It becomes a requirement in two specific situations:
- When a Spouse Demands Consideration Time – If both or one of the spouses demands consideration time, the court will decide that the divorce must be preceded by a consideration time. The idea behind this regulation is to give the spouses time to consider their decision and prevent hasty decisions.
- When the couple has children under the age of 16 – The consideration time is automatically applied if the couple has children under the age of 16 who live at home. This rule exists to protect the interests of the children, giving the parents additional time to reflect on the impact of their decision on the family. Divorce can be a stressful and life-changing event for children, and the law aims to ensure that the parents carefully consider the consequences of their actions on their children before proceeding with the divorce.
2. The Length of the Consideration time
The consideration time lasts for six months, and during this time, the couple is still legally married. They may live separately if they choose, and they can also begin the process of separating their assets and making arrangements for their children. However, the divorce cannot be finalized until the consideration time has ended.
After six months, either spouse must submit a request to the court to finalize the divorce. If neither party makes this request within one year from the original application for divorce, the case is automatically closed, and the couple remains married.
3. Exception to the Rule of Consideration Time
While the six-month consideration time is the norm when any of the conditions above are met, there is an exception from this rule. If the spouses have lived apart for a continuous period of at least two years, the court will waive the consideration time – even if any of the spouses demands consideration time or if they have children under the age of 16 living at home. This rule recognizes that the couple has already had ample time to reflect on their decision and that further delay is unnecessary. In such cases, the court grants the divorce immediately upon request, provided that the couple can prove their period of separation. This is usually done by submitting a certificate of separation (särlevnadsintyg) to the court.
4. Conclusion
The consideration time, in Swedish law serves a vital function in promoting thoughtful and deliberate decision-making during the emotionally charged process of divorce. The six-month duration gives couples time to reconsider their decision and ensure they are fully prepared for the consequences of divorce.
In essence, the consideration time is a balance between ensuring that important decisions are made thoughtfully and allowing couples to move forward with their lives once they are certain that divorce is the best path.
