Divorce FAQ 2026 – application, reflection period, and division of property
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Facts checked: October 1, 2026 · The Swedish National Courts Administration, the Swedish Tax Agency, and the Marriage Code
Here are the answers to the most common questions about divorce and the division of matrimonial property. The divorce itself is decided by the district court. The division of property is a separate financial process where the spouses' marital property is distributed.
How do you apply for a divorce?
You can apply jointly if you are in agreement. If only one person wishes to divorce, that person may file an individual application for a summons regarding divorce with the district court. You do not need to state any specific reason to be entitled to a divorce.
What does the application cost in 2026?
The Swedish National Courts Administration specifies an application fee of 900 SEK for a divorce application. Any legal assistance, estate liquidators, and other disputes may entail additional costs.
When is a reconsideration period required?
A reconsideration period applies if only one of the spouses wishes to divorce, if one of the spouses requests a reconsideration period, or if one of them permanently resides with and is the legal guardian of children under the age of 16. An exception may apply if the spouses have lived apart for at least two years.
How long is the reconsideration period?
When at least six months have passed, one or both parties may request a final judgment. If no one requests a final judgment within one year from the start of the reconsideration period, the case is dismissed and the spouses remain married.
Can you get a divorce without a reconsideration period?
Yes, if there is no mandatory ground for a reconsideration period. Furthermore, under certain conditions, the district court may rule without a reconsideration period if the spouses have lived apart for the past two years.
When are you legally divorced?
Not as soon as the judgment is written. The divorce becomes effective when the judgment has gained legal force. The Swedish National Courts Administration states that this normally happens after three weeks if the judgment is not appealed. The Swedish Tax Agency is then notified.
Is a division of property mandatory?
When a marriage is dissolved, the spouses' property must, as a general rule, be distributed through a division of property. However, a division of property is not necessary if the spouses only have separate property and no one requests to take over a home or household goods from the other.
When can the division of property take place?
In the case of a divorce, the application for divorce must first have been received by the district court. If a spouse requests a division of property while the divorce case is ongoing, the division of property must be carried out immediately according to Chapter 9, Section 4 of the Marriage Code – you therefore do not need to wait until any reconsideration period is over.
Which day determines which assets and debts are counted?
The so-called critical date is the day the divorce petition was filed. In the case of a joint application, it is the day the application was received by the district court. That day is central to which property and debt relationships will form the basis for the division of property.
What is included in the division of property?
As a general rule, the spouses' marital property is included. Separate property is normally excluded. Property can be separate due to, for example, a registered prenuptial agreement or conditions in a gift or will.
Does marital property mean that you own half of the other person's belongings during the marriage?
No. In principle, each spouse manages their own property during the marriage. The right to marital property is primarily activated as a right to a share of the value upon the division of property. Ownership rights and marital property rights are separate issues.
How are debts calculated?
When calculating each spouse's share, debts that existed at the critical time must be handled in accordance with Chapter 11, Section 2 of the Marriage Code. It is the net value of the divisible marital property that then forms the basis for the shares.
Is everything always divided exactly 50/50?
The main rule is that the total net marital property is divided equally, but the law contains, among other things, adjustment rules. Therefore, "everything is always split down the middle" is a simplification.
What is a property division agreement?
It is the written document where the distribution of property is documented. The document must be signed by both spouses. In the case of a divorce, registration with the Swedish Tax Agency is voluntary.
Should the property division agreement be sent to the district court for approval?
No, not as a general rule. If the spouses are in agreement, they draw up and sign the property division document themselves. It can be voluntarily registered with the Swedish Tax Agency. However, the Swedish Tax Agency does not check through registration whether the document is legally binding in all respects under civil law.
What happens if we do not agree?
A spouse can apply to the district court to have an estate liquidator appointed. The liquidator first tries to get the parties to agree and, if that is not successful, can carry out the division of property according to the rules.
Can the district court decide who stays in the home temporarily?
Yes. In the divorce case, the court can, upon request, decide who shall have the right to remain in the joint home until the division of property is complete. This is a separate issue from who ultimately receives the home in the division of property.
What happens to child custody in the event of a divorce?
Joint custody normally continues after the divorce if no change is decided or agreed upon in a valid manner. Custody, residence, and visitation are separate issues from the actual divorce and the division of property.
Can you withdraw a divorce application?
It depends on the stage of the process and whether the application is joint or individual. If both parties still want a divorce, a unilateral withdrawal cannot always stop the process. Contact the district court for the relevant case for the correct procedure.
Further reading: Property division agreements in divorce – step by step.
Mallbutiken's Property division agreement in divorce – Word/PDF costs 79 SEK and can be used as a structured basis for your agreement.
