The scope of the law
section 1 of this Act are applicable to matrimonial and cohabiting couples
property relationships when there is a connection with a
foreign State. The Act applies only to such cohabitation
where none of the partners are married.
The provisions of section 2 of the first paragraph, the third subparagraph of paragraph 5, section 6
the second subparagraph of paragraph 8 shall not apply to cohabiting couples. When the law should
apply to unmarried couples applies in General:
1. What is said in the law of the spouses, future spouses, marriage
and the marriage or its equivalent terms of s1ambor,
future of cohabiting couples, cohabiting relationship respective
cohabitation initiation.
2. for the purposes of section 9 applies to 16 to 18 and 22 – 25 § §
the Swedish cohabitation Act (2003:376) instead of the marriage code. At
the application of paragraph 10 of the terms of section 15 of the cohabitation law instead of 12
Cape. the marriage code.
The law does not apply to the extent that the subject of a
other teams. Law (2015:420).
Swedish jurisdiction
section 2 a matter of matrimonial property regimes may be collected
by a Swedish court
1. If the issue is related to matrimonial proceedings in Sweden,
2. If the defendant is domiciled in Sweden,
3. If the claimant is domiciled in Sweden and Swedish law 3
or section 4 applies to the spouses '
property regimes,
4. If the issue relates to property in Sweden, or
5. If the defendant is in a suggestive question has accepted that the matter
tested in Sweden or have gone a defence on the merits without
objection on the jurisdiction of the Court.
If the question concerns the Division of property on the occasion of a husband's death
apply 2 a § instead of first paragraph. Law (2015:420).
2 a of a question about Division of property following the husband's death,
is taken up by a Swedish court
1. If the deceased spouse was habitually resident in Sweden,
2. in the cases referred to in section 2 of the first paragraph, 2, 3 and 5, or
3. at the request of the surviving spouse of a Swedish court, in
other cases than those referred to in 1, is competent to take up a question
If the inheritance of the deceased pursuant to European Parliament and Council
Regulation (EU) No 650/2012 of 4 July 2012 on jurisdiction,
applicable law, recognition and enforcement of decisions and
approval and enforcement of authentic instruments in
matters of succession and the creation of a European
succession, in the original wording. Law (2015:420).
Applicable law
3 § Have spouses or prospective spouses agreed in writing to a specific State
law applicable to their assets, it shall apply
If
1. the agreement relating to the law of a State in which any of them had established or was
citizens when the agreement was entered into, and
2. subject to paragraphs 5 to 12.
Is the death of one spouse, the surviving spouse may conclude a contract in accordance with
the first paragraph with the decedent's heirs and universal
legatees.
paragraph 4 Has not been determined by the law applicable to the contract, the law applicable in the
State in which the spouses took residency when they were married.
If both spouses subsequently has taken residence in another State and have been
resident there for at least two years, applied rather than the State law. Has
both spouses earlier in the marriage been domiciled in that State, or
both spouses are nationals of that State, however, applied the State's law
as soon as they have taken residence in the State.
section 5 of an act between spouses with respect to their
property is valid if it conforms to the law
applicable to the matrimonial property regime when
This Act is done. Carried out this Act before marriage,
the valid, if it is consistent with the law that is applicable when
the couple marry.
This Act shall be deemed valid if it satisfies the
the form requirements of the law of the State where it is to be taken or the spouses then
is domiciled.
Marriage contract between spouses who have their habitual residence in Sweden when
This Act is undertaken, however, existing in this country only if
registration takes place in accordance with the provisions of the Divorce Act. Gift from
spouses who have their habitual residence in Sweden when the gift is given will be invoked against the donor's
creditors only if the provisions of such validity in Chapter 8. 1 §
the marriage code have been complied with.
5 a of a foreign Division on the occasion of a husband's death,
It is considered formally valid if it satisfies the formal requirements
According to
1. the law applicable to matrimonial
property regimes,
2. the law of the State in which it was held, or
3. the law of the State where the deceased was domiciled or where
citizens. Law (2015:420).
Special provisions for Division of property etc.
section 6, at the request of a spouse or a Inheritors, the Swedish law
apply to the procedure for the Division of property, even if the foreign law is
applicable to the matrimonial property regime. Provisions in Swedish
Act on the procedure for the Division of property may be applied also when the foreign
the law provides for another form of sharing or settlement in respect of
matrimonial property.
A division of property under Chapter 9. the second paragraph marriage section 1 of the code may, however,
to be notified only if the applicable foreign law similarly
allows spouses to officiate Division of property during marriage when they are
ense.
section 7 in a Division, the spouses ' total assets and
liabilities in Sweden and abroad are taken into account, unless otherwise
under the law applicable to matrimonial
property regimes. At lot facility should a spouse in
the first instance is assigned to the property belonging to him or her
abroad.
If there is property in a foreign country and it can be assumed
the property Division will not apply in that country,
property Division be restricted to a specific part of the spouses '
property. Such restriction shall not, however, be made, if any
of the spouses with the reasonable grounds are opposed to it.
When a Division on the occasion of a husband's death, the
taken into account what added the surviving spouse at
the corresponding Ordinance after the dead abroad.
Law (2015:420).
section 8 Has it in a strange State announced a final decision on the legal
separation and have not resumed, the spouses is jeopardising that coexistence
property acquired by the spouses after separation is not part of a
Division of property in which Swedish law applies to spouses '
property regimes. Such a division shall cover
liabilities are calculated taking into account the conditions of the separation.
section 9 of the Divorce code provisions on disposal of children
home and household goods, and whether a husband's right to take over at Division of such
property is to be applied, if the dwelling and household goods are in Sweden.
section 10 For a division of property that is made in Sweden, adjustments be made in accordance with Chapter 12.
the marriage code, even if the foreign law applicable to the matrimonial
property regimes.
Account of the interests of third parties
section 11 of the Limitations that a foreign law contains in a husband's right to
dispose of such immovable property or leasehold belonging to his husband
and is available in Sweden may not be asserted against a third party in further Mo
than required by Swedish law.
The same applies to restrictions on a spouse's right to dispose of their
other property or to take on debt, about a third party and her husband were
in Sweden when the Act is done and the third man did not know
or should have known of the restriction.
section 12 limitations that a foreign law contains in a spouse's obligation
to respond with their property for their debts may not be asserted in
Sweden, if the debt relates to an act whereby a husband
has the disposal of their property or leasehold and immovables
here in the country.
The same applies if the debt relates to an act whereby a
husband has the disposal of other property or debt, if a third party
and her husband was in Sweden when the Act is done and third
they did not knew, or should have known of the restriction.
Recognition of foreign judgments
section 13 a final decision about the matrimonial
property relations of a foreign court or other
authority or by a bodelnings person applies in Sweden, if
It has been given in
1. a State whose law under section 3 or 4 were applicable to questions
on the matrimonial property regime or
2. the State in which the defendant is domiciled. Law (2001:1141).
section 14 of the foreign judgment does not however apply in Sweden, if
1. judgment has been entered against a party that has not been
defence and which has not become aware of the actions raised in
sufficient time to be able to answer in the matter or to a party
who otherwise would not have a reasonable opportunity to bring their action
in the foreign proceeding,
2. the decision goes against a Swedish operative,
3. the decision is contrary to the one in this country regarding foreign
ruling in a procedure that began earlier than the other
foreign proceedings;
4. in Sweden there is a procedure which may lead to a
contradictory or
5. the abroad going on a procedure which may lead to a
contradictory ruling, unless proceedings have begun
earlier than the other foreign procedure and can be assumed to lead
to a decisive force in this country. Law (2001:1141).
Competing procedures
15 § Produced a claim for matrimonial property regimes
in a Swedish court, when it already runs a procedure
abroad which could lead to a conflicting opinion, shall
the action is rejected if it can be assumed that the decision of the foreign
the procedure takes effect in this country. Instead of the action
rejected, proceedings or case in abeyance pending
a final decision in the foreign proceeding.
The action may be considered if there are special reasons. Law (2001:1141).
Enforcement
section 16 of a foreign judgment that is enforceable in the
the Forum, which is valid for Sweden may be executed, if
the ruling has been declared enforceable here.
An application for a declaration of enforceability is made to
District Court that the Government provides.
The applicant shall submit with the application the judgment in
original or copy certified by a competent
authority as well as the additional documents that the District Court
need for its review. Law (2014:926).
section 17 If a decision declared enforceable, implemented
the decision in the same manner as the corresponding Swedish
decision in a final. A regulation on
coercive measures in the decision should not, however, apply.
In the Court of a case if the
enforceability shall apply in all other respects the law
(1996:242) about court cases. Law (2014:926).
Reserve forum
section 18 where there is no competent court when Swedish jurisdiction
under this law, shall the matter be taken up by the Stockholm
District Court. Law (2001:1141).
Resident
for the purposes of section 19 of this Act, the person is resident in a particular
State is considered to be a resident there, if the settlement with regard to the
duration and the circumstances in General may be regarded as permanent.
Law (2001:1141).
Public policy
20 § a provision of a foreign law cannot be applied and
a foreign ruling does not apply in Sweden, where it would
be manifestly incompatible with the foundations of the Swedish
law to apply the provision or to recognise
the decision. Law (2001:1141).
Transitional provisions
1990:272
1. this law shall enter into force on 1 July 1990, when the Act (1912:69) on certain
international legal relations concerning the legal effects of marriage
shall cease to be valid.
2. for the purposes of paragraph 1, second subparagraph, shall be assimilated with other law
Regulation (1931:429) on certain international legal relationships
concerning marriage, adoption and guardianship.
3. the provisions of section 2 of the Swedish jurisdiction in a
the case brought before the Court before the entry into force is lost.
4. did the action in a case or matter relating to matrimonial property regimes
property regime brought before the Court before the entry into force,
apply older provisions.
5. Have a crucial time for the Division entered prior to the entry into force,
applicable provisions on matrimonial property regimes elderly at
property Division. However, this does not apply to questions concerning the stay of the dividend form or
questions referred to in paragraph 6.
6. A valid legal document relating to matrimonial property regimes that
were made before the entry into force does not lose its validity through the new
the law.
2001:1141
1. this law shall enter into force on 1 February 2002.
2. the provisions does not mean that Swedish jurisdiction
lost in respect of an action concerning cohabiting couples
property regimes which have been brought before the entry into force.
3. Elder law still applies in the case of the law applicable to
an action relating to property rights for cohabiting couples who have
brought before the entry into force.
4. Have a division between cohabiting crucial time
entered prior to the entry into force, applied the new provisions
at property division only to questions about bo share form and questions
referred to in paragraph 6.
5. A valid legal document between cohabiting couples that were made prior to the
its entry into force does not lose its validity through the new
the law.
6. the provisions of 13, 14, 16 and 17 sections do not apply to
judgments given before the date of entry into force.
2003:382
1. this law shall enter into force on 1 July 2003.
2. If a common-law relationship has ended before the entry into force,
apply older provisions.
2014:926
1. this law shall enter into force on 10 January 2015.
2. Older rules applicable to the processing in the Svea Court of appeal
and the Supreme Court cases that have commenced in the Court of appeal
before the entry into force.