The divorce application
Divorce is governed by the Marriage Code (äktenskapsbalken) and is decided by the district court (tingsrätt). The spouses may apply jointly, or one spouse may apply alone. No grounds need to be shown.
The reconsideration period (betänketid)
A reconsideration period is required if only one spouse wants a divorce, if both spouses request reconsideration, or if either spouse lives permanently with their own child under 16 who is in that spouse's custody. The period begins when the joint application is made or, for a sole application, when the divorce claim is served on the other spouse. Once at least six months have elapsed, either spouse may request that the divorce be granted. That request must be made within one year of the period beginning; otherwise the divorce application lapses.
Where both spouses agree and no reconsideration ground applies, divorce can usually be granted immediately. Divorce may also be granted without reconsideration if the spouses have lived apart for at least two years. Other statutory exceptions include certain forced or underage marriages and marriages entered into despite specified marriage impediments.
Jurisdiction in international marriages
Whether a Swedish court can hear a divorce depends on the applicable jurisdiction rules, primarily Council Regulation (EU) 2019/1111 (Brussels II ter) within the EU, and Swedish national rules in other situations. The connecting factors are, typically, habitual residence and in some cases nationality. A Swedish court does not automatically have jurisdiction merely because one spouse is Swedish.
Where courts in more than one country could have jurisdiction, the timing and choice of forum can have significant consequences for the outcome of financial matters.
Financial consequences
A divorce raises questions of division of property (bodelning), the family home, and in certain cases maintenance between former spouses. Under Swedish law, each spouse is as a main rule responsible for their own support after divorce, and spousal maintenance is awarded only in limited circumstances. Child maintenance is a separate matter.
Divorce and division of property are separate
The divorce dissolves the marriage; the division of property is a separate process that determines how the spouses' assets are divided. Division of property can be carried out before, during or after the divorce proceedings. See our page on division of property.
Frequently asked questions
Can we divorce in Sweden if we married abroad?
Possibly. It is the jurisdiction rules – usually connected to habitual residence – that decide, not the place of marriage.
Will a Swedish divorce be recognised abroad?
Within the EU, divorce judgments are generally recognised under Brussels II ter. Recognition elsewhere depends on the law of the other country.
This page provides general information about Swedish law and is not legal advice. The outcome of any matter depends on its specific facts.