International marriages
Whether a marriage concluded abroad is recognised in Sweden, and what property regime applies to it, are distinct questions governed by different rules. Spouses with international backgrounds may benefit from considering a choice of law or prenuptial agreement.
Cross-border divorce and jurisdiction
Within the EU, jurisdiction in divorce matters is principally governed by Brussels II ter (Regulation (EU) 2019/1111). For matrimonial property, Regulation (EU) 2016/1103 may apply; for maintenance, Regulation (EC) No 4/2009 and the related Hague instruments. Sweden is also party to Nordic conventions that apply between the Nordic states.
Different legal instruments can therefore apply to the divorce itself, the property and the maintenance – and they do not always point to the same country.
Family assets located in Sweden
A family may own a home, bank accounts or a holiday property in Sweden while living elsewhere. Swedish property registration rules and practical procedures will often apply to such assets even where the substantive question is governed by foreign law.
Recognition of foreign decisions
Divorce judgments and decisions on parental responsibility from other EU Member States are generally recognised in Sweden under Brussels II ter. Decisions from other countries are assessed under Swedish national rules and applicable treaties.
International parental responsibility
Questions of custody, residence and contact across borders are governed in particular by Brussels II ter, the 1996 Hague Child Protection Convention and, in cases of wrongful removal or retention, the 1980 Hague Child Abduction Convention. See our page on child custody and contact.
Frequently asked questions
Which country's law applies to our divorce?
Swedish courts generally apply Swedish law to the divorce itself, but jurisdiction and the law governing property and maintenance must be assessed separately.
Can you assist if proceedings are pending abroad?
We can advise on Swedish law aspects and coordinate with legal advisers in 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.