Convention between Norway, Denmark, Finland, Iceland and Sweden containing international-private law provisions on marriage, adoption and guardianship with final protocol [Nordic family law convention].
Affairs Ministry of Justice
FOR-2008-09-22-1108 from 01.12.2008
Nordic family law convention.
IV. Ordinary provisions.
Additional Agreements to March 26, 1953 and November 3, 1969. - The Convention is ratified in respect of Norway under the Decree. 11 Dec 1931 5 signatories of ratification was deposited in Stockholm 22 Dec 1931 the disposal agreement between the signatories came into place for it in the Convention art. 23 prescribed exchange of ratifications. The Convention entered into force on 1 January 1932.
See Law 19 Dec 1969. 75 and res. 19 Dec 1969 no. 1 (with Circular 22 Dec 1969 from the Ministry of Justice) and res. 14 Dec 1973 (with Circular 31 Dec 1973).
Art 1. Applicant citizen of a Contracting State testing conditions for marriage or hake with one of the other state authorities, his right to marry to try under the law of that State, provided one of the parties is resident there, and otherwise under the law of the State in which he is a national. The latter law must always be used if the applicant requires. Should the right to enter into marriage tested by national civil law, the competent authority may require that the court is proved by marriage certificate issued by the national authorities in the country. Required by the examination of the conditions for marriage in a Contracting State after that State law does not consent to the marriage of their parents or guardian, shall be for the person who is resident in another Contracting State into account the requirement that such consent by domicile country law.
About testing and banns true for the law of the State in which the competent authority belongs.
Art 2. Does testing conditions for marriage or hake occurred at a State authority can perform marriages, while testing or registration is valid, undertaken by another Contracting State authority without new testing or hake. This applies whether the marriage has the nationality of a Contracting State. The marriage is true for the law of the State in which the marriage authority belongs.
Article 3 property relationship between spouses who are, and when they entered into the marriage, was nationals of a Contracting State shall be judged by the law of the of the states where the spouses settled when it entered into marriage. Did both spouses later settled in another Contracting State and resided there for at least two years, this state's law will apply instead. Did both spouses previously during marriage been resident there, or both spouses citizens of the state, this state's law will apply once they have taken up residence there.
Art 3 a. Spouses referred to in Article 3, may agree that the law of a Contracting State where one of them is resident or a national when the contract is concluded, shall apply to their capital ratio. Such lovvalgsavtale can also be entered into before marriage. If one or both of the spouses during the marriage has taken up residence in another Contracting State, the spouses can also agree that the law of the Contracting State in which they both had last residence simultaneously be used.
Art 3 b. A spouse to dispose of real estate, which is equated with real estate or of property must always be judged by the law of the Contracting State in which it resides.
Art 3 c. A change in the law that applied to spouses conditions, has no bearing on the legal effects of legal acts undertaken before any change. The validity of the provisions in a marriage evaluated yet by the law of the State Party shall apply to the spouses conditions when the question becomes relevant.
Art 4. A lovvalgsavtale or marriage between spouses referred to in Article 3 and 3a shall be considered valid with respect to the shape of each of the Contracting States on it when it was signed, fulfilled the formal requirements of
The law under Article 3 or 3a applied to spouses conditions or
Law of a Contracting State in which the spouses or one of them were nationals.
If the law does not have formal requirements for lovvalgsavtaler, assessed the validity of such an agreement in accordance with the formal requirements for marriage settlements.
Any State may face a third person making the validity of a lovvalgsavtale or marriage depends on it is registered under the rules of this state.
Art 4 a. Spouses referred to in Article 3, later taken up residence in a State which is not Contracting comes Convention provisions on spouses conditions do not apply.
Art 5. Claims for abolition of capital community between spouses referred to in Article 4, settled in the State in which both spouses are resident. They live in different states, the decision of the State, where it against whom the claim is directed, resident, or if he is resident in Finland, in the State whose law according to Article 3 determines the spouses conditions.
Article 6 Articles 3 to 5 relates not marriages if legal effects of the law in any of the interested party states will be judged according to the elderly marriage legislation.
Article 7 Requirements for separation or divorce between spouses who are citizens and resident in a Contracting State shall be settled in the State where
Spouses have their domicile,
Spouses last had residence while one of them still resides,
Spouses are nationals,
Defendant has his residence,
Where one of the spouses, the public demands, his residence,
Plaintiff has his residence and where he has been a resident for at least one year immediately preceding the filing of the claim, or
Plaintiff is a citizen and has his residence, provided that the plaintiff has been living there for at least six months immediately preceding the filing of the claim.
Demand for divorce because of separation may also be settled in the State in which the separation is announced.
Art 8. In connection with the requirement for separation or divorce, the same or other authority also decide on suspending the cohabitation and the sharing of wealth. Also questions about custody, where the child shall live and visitation can be determined assuming
That child spouses' common children, and
That the child has his residence in the State where the requirement for separation or divorce treated.
If the child does not have his residence in the State where the requirement for separation or divorce treated, questions about parental responsibility where the child shall live and companionship only be processed where the
Child has his residence in a Contracting State
Child spouses' common children and at least one of the spouses has parental responsibility for the child,
Spouses have accepted that the issue dealt with in the State in which the requirement for separation or divorce to be addressed, and
It is best for the child that the issue dealt with in this state.
In matters relating to custody, where the child shall live and access shall expertise in subsections exercised in accordance with the Hague Convention of 25 October 1980 on the civil aspects of international child abduction. It will give particular weight to Article 3 and 16 of this Convention.
Art 8 a. If a question under Article 7 or 8 shall be lodged with the competent authorities in different Contracting States, between the same parties, the authority which claims were filed recently, on its own motion reject the claim in favor of the authority where the claim was put forward first. A question of separation and a question about divorce should using the first paragraph is deemed to be the same question.
Art 9. When treating issues under articles 7 and 8, the state shall employ it where applicable law. Questions about sharing wealth shall nevertheless always be determined by the law which under Article 3 shall apply to the spouses conditions. Separation is achieved in one of the states give the same right to divorce in the other states, as if it were achieved there.
In a Contracting State where there are no rules about separation, but where divorce in certain cases conditional on a prior thinking time, the spouses have been separated in another Contracting State, which then has lived apart for a time match thinking time, and have not resumed cohabitation, the right to be divorced without prior thinking time.
Art 10. Is it achieved separation between spouses if fortune relation judged by the law of a Contracting State which does not have rules about separation, the capital that a spouse acquires after the separation to his separate property and debt liability is calculated by the conditions of the separation. The provisions in this state of division of estate after divorce apply mutatis mutandis. If a spouse has died after reaching separation that remained, the separation equated with divorce, as regards the surviving spouse the right to inheritance of the deceased by law or testament, when the law of a Contracting State which does not have rules about separation shall be used.
Art 11. Will a citizen of one of the Contracting States, who are residents of one of them, adopt any who have the nationality of one of the States, the permit shall be sought in the State where the adopter resides.
Article 12 In deciding petition used in every state that where applicable law. Does it have to be adopted, not 18 years old, and he is a resident of the State of which he is a national, must petition but not granted in another state without their child care authority of citizen the country has had an opportunity to comment himself.
Article 13 Questions concerning abolition of an adoptive relationship, consisting among nationals of the Contracting States, and which is established in one of those settled in the State where the adopter is resident or, if he is not resident in any of the Contracting States, in the State where the adopted resides. In deciding used in every state that where applicable law.
Article 14 Guardianship for minor national of one of the Contracting States, who are residents of one of the others, fall under the authorities of that State, unless guardianship already exercised in one of the other states by legal or were appointed guardian. The same applies if deskilling of contents and guardianship for a guardianship.
Art 15. Temporary guardian may nominate and other temporary forføininger taken in any of the states.
Article 16 The decisions referred to in Articles 14 and 15, taken in each state according to which the applicable law.
Article 17 legal effects of guardianship grandeur of fortune judicial respect and guardian disposal judged according to the law of the State where guardianship exercised. This provision does not have the ability to make commitments according draft or check.
Article 18 A guardianship may after negotiation between the competent ministries transferred to one of the other states, if the minors have settled themselves there, or if for other reasons deemed appropriate.
Article 19 Questions about abolition of a minor remuneration that is decided in one of the Contracting States shall, when under guardianship has the nationality of one of these, settled in the State in which guardianship exercised. In deciding used in every state that where applicable law.
Article 20 If a citizen of one of the Contracting States under guardianship in one of the other, or are umyndiggjørelsen abolished, should there without sojourn sent notification to the competent department of the State where he is a national.
Article 21 The provisions of Articles 17, 19 and 20 shall apply mutatis mutandis, when a citizen of one of the Contracting States, who resides in Denmark and is not already under guardianship in one of the States, put under lagvergemål in Denmark. This guardianship is not an obstacle to deskilling of contents in one of the other states in which the settler himself.
IV. Ordinary provisions.
Article 22 Administrative and enforceable judicial decisions, as in one of the states is established in accordance with Articles 5, 7, 8, 11, 13, 14, 15, 19 or 21 shall be valid in other states without specific affirmation and without examination of the decision accuracy or authorities' jurisdiction. The same applies enforceable judicial decisions that are made out in one of the states, and that goes out on invalidity or omstøting of marriages between nationals of a Contracting State.
Article 23 This Convention shall be ratified and ratifications shall be exchanged at Stockholm as soon happen can. The Convention enters into force on January 1 or July 1 which follows the exchange of ratifications.
Any State may in relation to each of the others say op Convention with a deadline of six months to cease the subsequent January 1 or July 1.
IN WITNESS WHEREOF the respective plenipotentiaries have signed the present Convention and affixed their seals.
Done at Stockholm in one copy in each of the following languages: Norwegian, Danish, Finnish, Icelandic and Swedish, and the Swedish sprogs competent in two texts, one for Finland and one for Sweden, 6 February 1931. || |
In connection with the signing today of the Convention between Norway, Denmark, Finland, Iceland and Sweden, containing international-private law provisions on marriage, adoption and guardianship, has the plenipotentiaries of the Contracting States made the following statement:
The Contracting States agree:
1) that the convention does not obligate the Contracting States government to devote people according to the law of that State because of kinship or affinity is prevented from entering into marriage with each other by a provision which can not be dispensed from ;
2) that the person has not attained 21 years but who have been empowered after the Finnish law by marriage or after Icelandic law by separation or disorganization of marriage, shall not be deemed legally incompetent because of his age, although he taking up residence in another Contracting State than respectively Finland and Iceland.
Stockholm February 6, 1931.