Make sure you have help and a good support system when going through a custody battle

Having to deal with a custody battle is certainly not easy for anyone in the family. So it’s important to make sure that you have a good support system, both among your loved ones and within the lawyer you hire to help you at the district court. In the very best case scenario, you and your ex-partner will come to an agreement on your own about how you to divide custody of your children. Maybe there’s a natural solution to the situation? Maybe your children are old enough to choose which parent to live with?

However, if you can’t agree among the two of you, you’ll have to get help to come to a solution that works for your children. Since March 1, 2022, all parents who want to take a custody battle to court have to participate in an informational interview with the municipality first. In the interview, you’ll get help to resolve the conflict and come to a joint decision about how to divide custody of the children between you. If you still can’t agree, you’ll receive a certificate of having participated in the intervew and your case will be handed over to the court.

What can be decided in a custody battle?

In a custody battle, you decide how you want to divide custody of your children, where the children will live and how you intend to resolve your visitation rights with the children. In Sweden, the best interests of the child are always top priority, and the court takes that into account when making their decisions. In order for the district court to take your case, one of you have to file a subpoena. If you already have a divorce case that’s being handled by the district court, you can ask to settle custody of the children directly in that case.

The district court can ask for information and investigations from the social welfare board and the family court to see what’s best for the children. A social worker will then often meet with both you and the children to gather information about your new living situation, your finances and the children’s needs and wishes.

There are a number of factors that can influence the district court’s decision. For example, the childrens ages and the relationship between the children and the parents can play a role. It’s also important how well each of you as parents can meet the needs of your children. This applies to both financial needs and other needs that the district court deems important.

What happens at the district court?

Often times, the custody process begins with district court calling the parents to a hearing. During the hearing, you tell a judge what you think is best for the children. In some cases, you may need to have several hearings if it’s particularly difficult to come to a good solution. And if you still can’t manage to agree, the district court can decide to hold a main hearing. Then the district court can call in other witnesses and use written evidence to help them make a decision. After the main hearing, the district court decides on your case and you can choose to accept the verdict or appeal it.

In some cases, the district court can decide to grant joint custody, meaning that you share responsibility for your children. The district court can also decide that one of you gets sole custody. Even if one parent gets sole custody, the other parent still has the right to visit the children. In very extreme cases, the court can decide that a parent shouldn’t be granted visitation rights. But then it’s because the child is at risk of being harmed by that parent.

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Think about what your surnames are going to be after the wedding

To many, the wedding ceremony and marriage symbolizes the beginning of a new family life together. And the biggest symbol of family life is changing the surname to a common one. If you want to keep your surname after the wedding, you don’t have to think about anything because you will automatically keep the name you already have. But if you and your partner want to have common surnames, there are a couple of things that are good to keep in mind.

Previously, you could change your surname through the marriage officiant, but nowadays they’re not allowed to accept name-change applications. If you want to change your name, you have to send an application directly to the Swedish Tax Agency instead. Your partner doesn’t have to approve your application if you change to your partner’s surname.

Do you have any specific questions regarding name-changes or other legal preparations before getting married? Download the Kliently app to be able to talk to our lawyers specialized in family law.

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Everything you need to know before the name change

You can choose to have one common surname. You can also choose to have a double surnames, which is when you take on a new surnamn based on your and your partner’s current names. Whether you want hyphens between the surnames is entirely up to you. If one of you already has a double surname, only one of the surnames can be included in the newly formed name. However, you can change to your partner’s double surname if you wish.

You can apply to change your surname both before the wedding and during the marriage. You can also change your surname several times during your marriage if you were to regret anything. You can even change to your partner’s last name even if your partner got that name in a previous marriage. When the Swedish Tax Agency approves the name change, you’ll receive an extract from their register from them. There you can see, among other things, when the name was changed and how it’s spelled. That way, you can ensure that everything is correct.

Some name changes cost money and can amount upto a couple of thousand Swedish crowns. But changing to your partner’s name won’t cost you anything. When you have changed your surname, the Tax Agency sends the new information to most authorities and companies. However, you have to make sure youtself to renew your ID, passport and notify everyone in your network, both friends, colleagues and others, that you have changed your name.

Check the waiting time for new passports when changing your surname

Remember that if you intend to go on a honeymoon trip, it’s important that you book the trip in the name that appears in your passport. Many people miss this, often because they’re used to making reservations in their old name. And that only leads to unnecessary costs and stress.

You cannot change the name on your passport before the Swedish Tax Agency has approved the name change. However, in connection to your wedding, you can apply to change your surname and at the same time, book a trip in your old surname, as long as you have a valid passport in that name. Processing times can be long with both the Swedish Tax Agency, who registers the name change, and the Swedish police, who issues the new passport. So it’s often easier to book a honeymoon in your old name and apply for a new passport when you’re back home. Alternatively, you can apply to change your surname after the honeymoon instead.

Do you know the difference between alimony and maintenance support?

If you have children and have or are about to separate or divorce, you have probably come across the words alimony and maintenance support. Many find the terms confusing and difficult to keep track of what is what. Both alimony and maintenance support are about financial support for children, but what exactly is the difference between the two?

Alimony is paid by one parent to the other

Alimony is what one parent pays the other to cover the child’s living expenses. Alimony is paid when the child spends more time with one of you. This way, the financial responsibility for the child is balanced out. How much alimony one parent pays depends on their finances and the child’s needs. The alimony has to cover the costs of the child’s clothes, food, school fees, any leisure activities and such. At the Swedish Social Insurance Agency’s website, you can calculate how much the alimony will end up being.

Maintenance support when alimony cannot be paid

If the child mostly lives with one parent and the other parent is unable to pay alimony, the Swedish Social Insurance Agency steps in and pays maintenance support to the parent who has the children most of the time. The maintenance support has to then be paid back to the Social Insurance Agency from the parent who owes alimony.

The maintenance support is always the same, regardless of your finances. The Swedish Social Insurance Agency pays out:

• SEK 1,673/month up to and including the month the child turns 7.
• SEK 1,823/month from the month after the child turns 7.
• SEK 2,223/month from the month after the child turns 15.

If you’re the one who has to pay back maintenance support, the amount you have to pay depends entirely on your finances. The Social Insurance Agency calculates how your finances look and then decides what you will pay per month. If your finances are strained, you can pay back a smaller amount a month without it affecting the maintenance support that’s being paid out. If, on the other hand, you have an economy that the Social Insurance Agency considers good enough, you pay the same amount back as they pay out.

When your child is old enough to work, it’s important to keep track of how much the child earns since it affects the maintenance support. Your child can have an annual income upto SEK 60,000 without it affecting the maintenance support. If your child earns more than that, the maintenance support will also be lower. And the amount you have to pay back also decreases.

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Have you and your partner established powers of attorney?

We usually recommend that everyone draw up an enduring power of attorney for the future, whether you are married or common-law partners. It’s a legal document where you state in writing how you want others to manage things for you if you become unable to do it yourself. This could be in case you become seriously ill or are in an accident. With an enduring power of attorney, you can ensure that your bills are paid on time, businesses and property are managed appropriately and that you get the healthcare you want. An enduring power of attorney can give you a sense of control and minimize uncertainty about the future, and you can be sure that your wishes will be respected.

If you don’t have an enduring power of attorney, it can lead to a lengthy and costly legal process. This is because a court will have to step in and appoint a guardian for you. And in that case, you can’t be certain that the guardian will handle your affairs the way you want. So it’s good to have an enduring power of attorney that gives, for example, your partner the right to make important decisions for you.

How do you draw up an enduring power of attorney?

When you draw up an enduring power of attorney, you first have to appoint someone to give power of attorney to. Usually, many people give power of attorney to their partner. But you can also give power of attorney to a close relative or a friend. The important thing is that the person you choose is someone you trust, who understands your wishes and needs and who you know will act in your best interest.

After that you need to define what authority the power of attorney will give and in which contexts. It’s important to be clear so that no one can misunderstand your wishes. Things that are important to address are, for example, issues you want the power of attorney to tend to. What authority the person gets? If you’re giving power of attorney to more than one person. Sometimes you might want to give power of attorney to different people. Then it’s important that you state the conditions for that clearly in the document stating enduring power of attorney.

In order for the enduring power of attorney to be valid, it must be in writing. You sign it together with two witnesses. The witnesses can not be the person you give power of attorney to. When the enduring power of attorney should come into effect is usually decided by the person who receives the power of attorney. That is, assuming that you’re unable to take care of your financial and personal affairs at the moment. In some cases, the court examines the question of when the enduring power of attorney comes into effect. This applies whenever it says so in the enduring power of attorney or if the person who has recieved power of attorney requests it.

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Do you know how a property division is done?

If you decide to separate or divorce, you have to go through a property division. In the property division, you and your lawyer will go through your joint assets and debts and divide them between you. This is often mentioned as your joint estate, which is what you own and owe together. For example, it can be everything from real estate, cars, accounts, companies and other things that you have acquired during your marriage or as common-law partners. A division of property ensures that your assets and debts are divided fairly.

How does a property division work?

1. Make an inventory of what you have

The first thing you need to do in a property division is to list all of your assets and liabilities. This includes properties, bank accounts, shares, vehicles, companies and any debts.

2. Do you have any individual property?

When dividing property, it’s important to clarify what is individual property and what is matrimonial property. Individual property are the assets that you each own before getting married or moving in together. While matrimonial property are the assets you acquire together during your marriage. Normally, individual property is not included in the division of property.

3. Value your shared property

When you have taken inventory of what you jointly own and owe, you need to value your shared property. You can do this by hiring a valuer or by agreeing on a valuation between the two of you.

4. Decide on how to divide your property

When you have valued your joint estate, you have to decide how to divide your assets and liabilities between the two of you. In most property divisions, everything is divided equally, but sometimes there are circumstances that can affect the divide so that it’s not exactly in half. How you choose to divide is up to you and the easiest way is for you to agree on this on your own. If you can’t agree, the court can determine how to divide your property.

5. Put it in writing

Finally, you need a property division agreement. The agreement is a written document where you go through the inventory, the valuation, how you want to divide everything and exceptions if any. By drawing up an agreement, you make sure to avoid any disputes in the future.

Talk to a lawyer

Do you need help with a property division? The easiest is to get in contact with a lawyer who can help you with the legal issues concerning a property division. At Kliently, you can choose to contact our lawyers to get answers to your questions or to get help with the property division.

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If you’re gifting a condominium you’ll need a deed of gift.

Did you know that you need a deed of gift if you’re going to give away a condominium to your children or grandchildren?

It may not be every day that you give away a condominium, property or shares, but when it does happen, it is important that it is done in the right way. Otherwise, the risk is that the gift will be invalid according to law. As long as your gift is not movable property such as money or loose things, you must have a deed of gift. Writing a deed of gift is not the same as writing a will where you specify who will receive what after your death. In the deed, you instead give away a gift where you were previously the owner. You can give the gift to a family member, a friend, an organization or someone else you think deserves to receive said gift.

What do you need to include in a deed of gift?

When you write a deed of gift, you need to specify which property or assets you want to give away and who will receive them. You also need to specify the value of the gift and when it should be given. If you’re giving away a condominium, a property or a plot of land, there are also certain legal requirements in addition to the deed itself that must be met.

You can also choose to give the gift with or without reservation. If you give a gift with reservation, it simply means that you set conditions for the gifting. For example, it may be that the gift should not be seen as an advance on an inheritance. In those cases it is especially important to review the deed to make sure it is correct . Otherwise, it could affect your will in a way you don’t want to.

In the deed of gift, you can also state whether the gift is meant as individual property of the recipient. That ensures that the gift stays with the recipient in the event of a divorce. Or you can specify that you will be able to use the gift for a certain period of time. If it is, for example, a condominium that you want to give away but want to be able to use, you need to state this in the deed.

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Are you prepared for the big day?

Having a civil wedding ceremony is a popular alternative to religious ceremonies. A civil ceremony is performed by a wedding officiant appointed by the county administrative board. The officiant is not religiously connected and the ceremony is usually held at the town hall or another public place. Only those appointed by the county administrative board are allowed to perform a civil wedding ceremony.

If you have decided to have a civil ceremony, there are some practical things you need to arrange in beforehand. These are the most important details you need to consider before your big day.

Reserve a spot for your civil wedding ceremony well in advance

Getting married in the City Hall is very popular. Therefore, it can be difficult to find a time slot on the day you want to have your wedding. In most cases, it is possible to make a reservation for your ceremony directly on the website of each city hall. So make sure to make a reservation immediately as soon as you have decided on when you want to get married. That way, you can make sure that you can get married when you want. If you want to get married outdoors instead, you need to check with the wedding officiant that they’re available that day and able to get to where your ceremony will be.

Apply for obstacle assessment

Before you get married, you need to apply for an obstacle examination at the Swedish Tax Agency. This prooves that you meet the requirements to be able to marry according to Swedish law. In the assesment you’ll have to state that you’re of legal age, that you’re not closely related to your partner and that you’re not currently married to someone else. After you have applied for the obstacle assessment, you’ll receive an assessment certificate and a marriage certificate. The certificates should be handed to your wedding officiant.

Who will you have as witnesses during your civil wedding ceremony

On the day of the wedding, you’ll need to have two witnesses present. Your witnesses can be family, relatives or friends and must be of legal age to act as a witnesses during the ceremony. If you don’t have witnesses, if you would marry without any close ones present, the marriage office in your municipality can in some cases arrange for witnesses. Whatever you choose to do, you have to have two witnesses present so it’s important you establish who will be witnessing before the ceremony.

Decide on a surname in advance

You don’t have to change your surname after having gotten married in a civil wedding ceremony. However if you want to, it can be convenient to apply for a name change before the wedding. You can change to your partner’s surname, or you can choose a completely new name formed from your previous surnames. If you decide to change your surname, you have to apply for a name change with the Swedish Tax Agency. Once they approve your name change, they will send you confirmation of the change. They will also notify of the change with other authorities and with many companies. If you don’t want to change your name, nothing will happen once you get married. You’ll just keep the names you have even after the wedding ceremony.

Consider prenuptial agreements

After your civil wedding ceremony and entering marriage, everything you own will belong to both of you. This applies to both the assets you had before getting married and the assets you acquire together during marriage. Many times it doesn’t matter and many married couples are fully in agreement that they own half each. But there are times when it’s to an advantage that certain assets and possessions are counted as individual property. This means that those particular assets and possessions aren’t regarded in what you share together. This could be, for example, if one of you inherits money, an apartment, property and such. Or if one of you owns a business.

At Kliently, you can choose to write a prenuptial agreement yourself for a small cost. You’ll get guidance in our agreement service, which makes it very easy to draw up a prenuptial agreement on your own. The only thing you need to remember is to register it with the Swedish Tax Agency for it to be valid.

If, on the other hand, you need the help of a lawyer to tailor the prenuptial agreement further, you can choose to fill in the information in our agreement service and then go through and review the document with one of our lawyers to make corrections based on your wishes. You can also simply book a consultation with our lawyers to discuss whether a prenuptial agreement makes sense in your case or whether you would benefit from another solution.

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A cohabitation agreement is more important than you think

When you and your partner decide to move in together, a cohabitation agreement may not be the first thing you think of. There are a lot of exciting stuff to plan and fix. And in the midst of it all, a cohabitation agreement might not seem as fun to deal with. Even if that’s true it is a really important agreement for many reasons. And it’s definitely something you should consider setting up.

According to Statistics Sweden, 1.6 million Swedes live as common-law partners. And yet, signing cohabitation agreements is not that common. And this despite the fact that common-law partners don’t have the same legal advantages as married couples. By setting up a cohabitation agreement you make sure to protect and secure your future and your childrens financial security.

How are you protected by a cohabitation agreement?

In 2022, the Supreme Court in Sweden decided that a woman should pay her ex-partner almost SEK 800,000 and just over SEK 100,000 in court costs for an apartment the woman had paid for. The apartment, which was a rental in the beginning, turned in to a condominium one year after the woman and the man had started to live together. The woman, who’s name was already on the lease, bought the condominium and thus owned it herself. When the couple chose to separate in 2017, the man claimed the apartement saying that the apartment was their common property since they had lived there for so long.

You can avoid situations like this more easily with a cohabitation agreement. You can set the agreement up yourself or write it with a lawyer. In the agreement, you should state how you want to keep your property divided. This applies, for example, to properties such as condominiums, houses, cottages and things that you’ve inherited and want to keep as individual property. And also if you want to inherit each other. This is specifically important if you have children. The cohabitation agreement doesn’t have to be registered. Also you can choose whether you write it before or after you move in together.

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Prenuptial agreement, an important agreement among married couples

Drawing up a prenup is perhaps the last thing on your mind when planning a wedding and getting married. The word signals divorce which is why most peole push it aside. But a prenup is actually more important than many people think. It’s an important agreement that protects both you, your partner and any children you might have.

A prenup is a written agreement between a married couple. You can write one both before and after you get married – that is, during the marriage. The most important thing is that the agreement is in writing, that both you and your partner sign it and that you register it with the Swedish Tax Agency. This is easiest done with a lawyer who can guide you and make sure that everything is done correctly.

What happens if you don’t write a prenup?

If you don’t have a prenup, your and your partner’s assets are divided in half in the event of a divorce. This also applies to things you inherit and things you create. Do you own anything that has been passed down to you and that you want to keep with you? Or do you want the business you’ve built to pass on to your children or another close relative? Then you need to specify in an agreement that some things that you own should be counted as individual property.

Do you already have a prenuptial agreement that you want to change or update? A prenuptial agreement is relatively straightforward to write for an experienced lawyer. But if you want to make sure that you hire someone with previous experience of prenuptial agreements, then look for a lawyer specialized in family law. Your lawyer can then help by pointing out any obstacles or problems that they have had experience dealing with in prior cases. And together, you can go through the changes and register the agreement with the Swedish Tax Agency again.

Draw up a prenuptial agreement today

You can easily write a prenup right here on our website in just a few minutes. The only thing you need to think about is to register it with the Swedish Tax Agency for it to be valid. You can also choose to write the prenuptial agreement together with our lawyers if you feel insecure and need to consult with a lawyer while writing your prenup. Sometimes you may need to add other legal documents, to make sure that your wish is legally covered. And the easiest way to find out what applies in your case is to simply ask one of our lawyers.

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