In Sweden, divorces are governed by the Marriage Code (Äktenskapsbalken) and managed by the general courts. The divorce process involves submitting an application, after which the court examines the case and issues a judgment. This article provides a step-by-step explanation of how divorce proceedings work in practice, focusing on where the application should be submitted and which legal instances handle different aspects of the process.
A Divorce Application is Handled by a General Court
In Sweden, the general courts are responsible for managing divorce cases. This means that district courts (tingsrätter) receive and review applications for divorce. The application can be submitted jointly by both spouses or individually by one of them. In the case of a joint application, the process is often quicker. However, if one spouse applies individually, the other spouse must be formally notified and given an opportunity to respond, which may prolong the process.
If there are minor children involved in the marriage or if any of the spouses demands a reflection period, a six-month reflection period may be required. During this time, the district court remains responsible for the case, and a final decision can be made after the reflection period has ended. However, if the spouses have already lived apart for at least two years, they can be granted a divorce without the need for a reflection period.
Which Court to Submit the Divorce Application to if Both Spouses Reside in Sweden
When both spouses live in Sweden, the rules in the Code of Judicial Procedure (Rättegångsbalken) determine which district court should handle the application. According to these rules, the application must be submitted to the district court with jurisdiction over the area where one of the spouses has their domicile. Domicile is generally defined as the place where a person primarily resides and has their permanent connection.
If the spouses live in different locations, the application can be submitted to the district court in either of their domiciles. This applies regardless of whether the application is made jointly or individually.
To find the correct district court, applicants can use the court directory provided by the Swedish Courts Administration (Domstol.se). This tool allows users to search for the appropriate court based on postal code or municipality, simplifying the process of identifying the correct court.
Which Court to Submit the Divorce Application to if the Spouses Reside Abroad
If the spouses reside abroad but have a connection to Sweden, such as Swedish citizenship, they can, in some cases, still file for divorce in Sweden. If Swedish courts have jurisdiction over the divorce application involving individuals residing abroad, the application should generally be submitted to the Stockholm District Court (Stockholms tingsrätt).
If only one spouse resides abroad, the application should not be sent to the Stockholm District Court. Instead, it should be submitted to the district court in the area where the spouse residing in Sweden is domiciled.
In cases of cross-border divorces, the EU Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters may also be relevant. This regulation applies when the spouses have ties to another EU country.
Which Court to Submit an Appeal to
If either spouse is dissatisfied with the district court’s judgment in a divorce case, the decision can be appealed. An appeal must be sent to the court of appeal (hovrätt) with jurisdiction over the district court’s area. The appeal must be submitted in writing to the district court within three weeks of the judgment being issued. The district court will then forward the appeal to the court of appeal for further review.
The court of appeal examines whether there are grounds to change the district court’s decision. This could involve legal questions or concerns about how the district court handled evidence or other relevant information.
If the court of appeal’s decision is also challenged, the case can, in some instances, proceed to the Supreme Court (Högsta domstolen). However, this requires leave to appeal, which is only granted if the case is deemed to have significant legal implications or if there are other exceptional reasons to hear the case at the highest level.
In practice, it is rare for a divorce judgment to be appealed. When appeals occur, it is even rarer for the appealing party to succeed. In most cases, the district court’s judgment on divorce remains unchanged.
