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Free Guide to Hiring a Family Lawyer
Spanga is a district within Stockholm municipality, so family law matters for residents are handled under Swedish national law and processed by the Stockholm district court. Divorce and separation are governed mainly by the Marriage Code - Äktenskapsbalken - the Cohabitees Act - Sambolagen - and the Parental Code - Föräldrabalken - together with administrative systems for enforcement and social support. Key processes are divorce (äktenskapsskillnad), bodelning (division of property), and decisions about child custody, residence and contact. Unmarried cohabitants have different legal protections than married couples, especially when it comes to the shared home and household goods.
A lawyer experienced in Swedish family law can help if your situation involves any of the following:
- Disagreement about child custody, residence or access - cases where the court may need to decide what is in the child’s best interest.
- Complex or contested division of assets - business interests, international assets, pensions or confusing ownership structures.
- Disputes over the family home and mortgage obligations, or if you need to change title or deal with lender consent.
- International elements - one spouse or children living abroad, foreign assets, or cross-border enforcement questions.
- Protective measures - allegations of domestic violence, need for urgent protection or temporary orders affecting children or property.
- Interpretation or enforcement of prenuptial agreements - äktenskapsförord - or cohabitation agreements - samboavtal.
- Collecting maintenance or enforcing court orders - guidance on using the Swedish Enforcement Authority.
- Applying for legal aid or representing you at court in Stockholm - to ensure procedural rules are followed and documents filed correctly.
Below are the practical points of Swedish family law that are most relevant to someone in Spanga:
- How divorce begins: A joint application for divorce can be filed by both spouses, or one spouse can apply alone. If the couple has common children under 16, there is normally a six-month reconsideration period before the divorce becomes final, unless special reasons exist. If there are no children under 16, the divorce can be final immediately.
- Bodelning and division of property: When a marriage ends, a bodelning divides marital property. The default regime treats property as marital property unless a prenuptial agreement says otherwise. Bodelning can happen before, at, or after divorce and can be agreed privately or decided by a court.
- Cohabitants: The Cohabitees Act protects only the shared home and household items acquired for joint use. Other assets, pensions and many personal belongings are not covered. Cohabitants can sign a written cohabitation agreement to adjust rights.
- Pensions and long-term benefits: Pension entitlements and some long-term benefits can be important assets in bodelning. Specific rules apply to how pension rights are handled, and professional advice helps ensure fair treatment.
- Custody, residence and contact: Decisions are made under the Parental Code with the child’s best interest as the guiding principle. Parents are encouraged to reach agreement by negotiation or family counselling; if they cannot, the court will decide.
- Maintenance and child support: Parents are obliged to support their children. Parents should agree on maintenance; if they cannot, there are standard methods to calculate support and institutions to enforce payment.
- Enforcement: The Swedish Enforcement Authority, social services and courts can enforce maintenance, custody and other orders.
- Mediation and support services: Stockholm city provides family counselling and social services that help families negotiate agreements without court processes. These municipal services are often the first point of contact for practical family support.
You can start a divorce by submitting an application to the district court that handles your area - for Spanga this is the Stockholm district court. Couples can apply jointly or one spouse can apply alone. A lawyer can file documents for you and advise on timing and any necessary temporary measures.
Timing depends on circumstances. If you have common children under 16 there is usually a six-month reconsideration period before the divorce is final. If there are no children under 16 and you apply jointly, the divorce can be final immediately. Contested matters such as custody or property disputes can add months or longer if they go to court.
Bodelning is the division of marital property after separation. It can be done before divorce, at the time of divorce, or later. You and your spouse may agree on a division; if you cannot agree, you can ask a court to decide. Prenuptial agreements and certain exceptions can affect what is included.
Unmarried couples are protected mainly by the Cohabitees Act for the shared home and household items acquired for joint use. Pensions and many personal assets are typically excluded. A written cohabitation agreement can change these default rules.
Custody decisions prioritize the child’s best interest. Parents are encouraged to reach agreement through negotiation or family counselling. If they cannot agree, the court will decide after considering the child’s relationship with each parent, stability, and other welfare factors.
Spousal maintenance is not automatic and is less common than child maintenance. Courts may order maintenance in special cases where one spouse cannot support themselves for a transitional period. Exact outcomes depend on income, earning capacity and the specific circumstances of the marriage and separation.
The family home is part of bodelning if it is considered marital property. Division can mean one spouse buys out the other, or the home is sold and proceeds divided. Mortgage liability may remain with the person who signed the loan unless the lender agrees to change responsibility, so it is important to involve the lender early.
Legal aid is available in Sweden for those who meet certain income and case-type criteria. It can cover part of a lawyer’s fees. You should ask a lawyer about eligibility or contact your municipality’s legal aid office to check whether you qualify.
International elements can complicate jurisdiction, applicable law and enforcement. You will likely need a lawyer with experience in international family law to determine which court has jurisdiction and how to handle foreign property and cross-border enforcement of orders.
If you or your children are in immediate danger, contact the police. For non-emergency but serious concerns, social services can provide protective measures and support. A lawyer can also apply to the court for urgent protective orders related to residence and contact.
Below are institutions and services that can help when you are dealing with divorce or separation in Spanga:
- Stockholm district court - handles applications for divorce, custody disputes and related court matters.
- Stockholm municipal social services - family law unit and family counselling for mediation and social support.
- The Swedish Enforcement Authority - for enforcement of maintenance and other monetary judgments.
- The Swedish Social Insurance Agency - for questions about parental benefits and public support related to children.
- The Swedish Bar Association - for finding a qualified family law lawyer who is a member of the bar.
- Municipal legal aid offices - for information about legal aid eligibility and application.
- The Child Rights Ombudsman - for information about child welfare and children’s rights in legal processes.
If you need legal help with divorce or separation in Spanga, consider the following practical steps:
- Gather your documents - marriage certificate, personal identity documents, children’s birth certificates, bank statements, mortgage and property documents, pension information, employment and income records.
- Contact family counselling or social services if you hope to negotiate arrangements out of court, or if you need immediate social support or protection.
- Book an initial consultation with a family law lawyer to understand your rights, the likely process, and costs. Ask about legal aid and whether you qualify.
- If children are involved, prioritize arrangements that protect their stability and wellbeing - consider temporary agreements in writing that cover residence, schooling and expenses while you negotiate.
- Keep a record of communications, incidents that affect safety, financial transactions and parenting arrangements - these can be important if you need to go to court.
- If you face imminent danger, contact the police immediately and then social services for protective support.
Seeking professional legal advice early helps you understand the options and potential outcomes. A lawyer or local family law adviser can explain the best route for your specific situation in Spanga and represent your interests before authorities or court.
