Guide

Divorce in Sweden, step by step

No fault to prove, no lawyer required, and often no court hearing at all. Swedish divorce is unusually straightforward — with one deadline that quietly ends the whole thing if you miss it.

The short version

You never have to give a reason. Sweden has no fault-based divorce.
If you both agree and have no child under 16 living with you, it can be granted immediately.
Otherwise a six-month reconsideration period applies.
After those six months, one of you has to actively ask the court to finish it.
Miss the one-year outer deadline and the case lapses entirely.
Lived apart for two years? Then you have a right to divorce with no waiting period, even if your spouse objects.

1. File the application with the district court

The application goes to the tingsrätt in the municipality where you are registered. You can apply jointly, which is simpler and cheaper, or alone, in which case your spouse is served with the application. There is a court fee. Nothing about the process requires either of you to be a Swedish citizen.

2. Find out whether a reconsideration period applies

If you both agree and neither of you permanently lives with their own child under 16, the court can grant the divorce without any waiting period. If either condition is not met — or if only one of you wants the divorce — a six-month reconsideration period starts. It runs from the day the joint application was filed, or the day your spouse was served.

3. Confirm it after six months. This is the step people forget

The court does not grant the divorce automatically when the six months are up. One of you has to file a separate request. And there is a hard outer limit: if no request has been made within one year from the start of the reconsideration period, the divorce question falls, the case is closed, and you begin again from step one.

4. Divide your property

The division of property is separate from the divorce itself and can be done before, during or after. It is what actually settles who keeps the home, how the mortgage is handled and what happens to savings and pensions. Put it in writing: without a signed agreement either of you can reopen the division years later.

The deadline, stated plainly

It is worth repeating because it is the single most expensive mistake in this process. The reconsideration period does not end in a divorce by itself. Once it has run for at least six months, either spouse may ask the court to grant the divorce. If nobody asks within one year from the day the reconsideration period started, the question of divorce has fallen away. The case closes. You are still married, and if you still want the divorce you file again from the beginning, with a new reconsideration period.

Nobody reminds you. Put the date in your calendar the day you file.

What actually needs deciding

The divorce itself is the simple part. What takes time, and what people usually mean when they say a divorce was difficult, is everything around it: the home, the mortgage, the pensions, the children. Each of those is settled in its own document, and each of them is easier to agree while you are still on speaking terms.

Divorce application

Swedish: Skilsmässoansökan

The application to the Swedish district court that begins a divorce. It covers whether you apply jointly or alone, any children under 16, and whether a six-month reconsideration period applies before the divorce can be granted.

660 krRead more

Division of property agreement

Swedish: Bodelningsavtal

The document that formally divides your assets when a marriage or a cohabiting relationship ends. Banks require it before they will move a mortgage, and without it either party can reopen the division years later.

1 260 krRead more

Custody, residence and contact agreement

Swedish: Vårdnads-, boende- och umgängesavtal

Covers legal custody, where the child lives and how contact with the other parent works. Once approved by the social welfare committee it is legally binding and enforceable in the same way as a court judgment.

910 krRead more

Child maintenance agreement

Swedish: Underhållsbidragsavtal

A written agreement on how much maintenance one parent pays for a child, when it is paid and how it is adjusted. A written agreement is what Försäkringskassan and, if it ever comes to it, the enforcement authority will look at.

1 050 krRead more

If you married abroad, or own property abroad

Living in Sweden generally means a Swedish court can hear your divorce, whatever passport you hold and wherever you married. Where it gets complicated is when more than one country could take the case, because the choice can affect how your property is divided and which country's rules apply to a pension or a home abroad. If that describes you, get advice before filing. Ask us in English →

Questions

Do I need a reason to divorce in Sweden?

No. Sweden has no fault-based divorce. You do not have to prove anything, blame anyone or explain why, and the court does not weigh whether the marriage could be saved. If both of you agree and neither lives permanently with their own child under 16, you have a right to a divorce straight away.

What is betänketid, and when does it apply?

A statutory reconsideration period of six months. Under Chapter 5 of the Marriage Code it applies in three situations: when both spouses request it, when one of you permanently lives with their own child under 16, and when only one of you wants the divorce. It is not a punishment or a mediation attempt — it is simply a waiting period.

What is the deadline people miss?

This is the important one. Once the reconsideration period has run for at least six months, one of you has to make a separate request for the divorce to be granted. If no such request is made within one year from the start of the reconsideration period, the whole matter lapses and you have to start over. The court does not chase you.

Can I divorce without a reconsideration period if my spouse will not cooperate?

Yes, in one situation: if you have lived apart for at least two years, each of you has a right to a divorce without any reconsideration period, even if the other spouse objects. You need to be able to show the separation.

Do I need a lawyer?

Not for the application itself. A joint application is a form you file with the district court, and many divorces go through without any legal representation. Where advice pays for itself is the division of property afterwards, especially when a home, a business, a pension or assets in another country are involved.

We married abroad. Can we divorce in Sweden?

Usually yes, if you live here. Which country's court can hear the divorce depends on habitual residence and nationality, and where more than one country could take the case, the choice can affect how your property is divided. That is worth getting advice on before you file rather than after.

What happens to our home and money?

That is a separate process called bodelning, the division of property. The Swedish default is broad: everything that has not been made private property through a prenuptial agreement is split, regardless of who bought it or whose name is on it. The division is documented in a written agreement, which your bank will require before it moves a mortgage.

Does the divorce affect custody of our children?

Not automatically. Joint custody continues after a divorce unless a court decides otherwise or you agree something else. Where the child lives and how contact works can be settled in a written agreement approved by the social welfare committee, which then binds in the same way as a judgment.