Swedish Family Law The law on marriage and cohabitation in Sweden. Professor Anna Singer, Uppsala university, Sweden

Professor Anna Singer, Faculty of law, Uppsala university, nov Guidelines for legislation “there is no reason to refrain from using legislation regarding marriage and family as one of several instruments in seeking reform toward a society in which every individual can take responsibility for himself, without being economically dependant on those close to him, and a society where equality between men and women is a reality”

Professor Anna Singer, Faculty of law, Uppsala university, nov The Swedish family in numbers married persons cohabiting (20 %) married persons cohabiting (32 %) 407 registered partnership in 2008 Gender neutral marriage from 2009

Professor Anna Singer, Faculty of law, Uppsala university, nov Creation of Marriage Two persons 18 years of age Impediments  Direct ascendants and descendants  Adoptive parent-child  Existing marriage or partnership Civil or religious ceremony

Professor Anna Singer, Faculty of law, Uppsala university, nov Legal consequences of marriage Spouses should show faith and consideration to each other Maintenance obligation Inheritance rights for spouses Deferred community property rights

Professor Anna Singer, Faculty of law, Uppsala university, nov Deferred community property system On the dissolution of a marriage, by spouse’s death or divorce, the main rule is that a spouse in principle has a right to half of the value of the other spouse’s property after deduction of the other spouse’s debts.

Professor Anna Singer, Faculty of law, Uppsala university, nov Matrimonial property Deferred community property (marital property) Special property (marital property not included in division, such as personal rights) Separate property (excluded from division by agreement or conditions by third party)

Professor Anna Singer, Faculty of law, Uppsala university, nov Spouses’ ownership Individual ownership Joint ownership Hidden joint ownership  Property for common use  Economic contribution by hidden owner  Desire to become owner  Legally binding only between spouses

Professor Anna Singer, Faculty of law, Uppsala university, nov Limitations of disposition rights A spouse may not deal with his property without the consent of the other spouse if the property is  Real property  Joint dwelling  Joint household goods

Professor Anna Singer, Faculty of law, Uppsala university, nov Cohabitees Act 2003 Unmarried cohabitation, regardless of sex Living together  On permanent basis  As a couple  With joint household Provisions on the division of the joint home

Professor Anna Singer, Faculty of law, Uppsala university, nov Division of property - Cohabitees When the relationship ends On demand - within a year Limitations in rights of disposition Can be put aside through agreement Can not include non-cohabitee property

Professor Anna Singer, Faculty of law, Uppsala university, nov Swedish children in numbers 2010 Ca children born. Ca 53 % by unmarried mother Paternity was established by Confirmation for children Court for 302 children Not at all for children Parenthood Confirmation 131 children Court decision for 4 children Not at all 21 children

Professor Anna Singer, Faculty of law, Uppsala university, nov Parenthood Mother is the woman giving birth Paternity  Pater est  Confirmation  Court ruling Woman consenting to ART on spouse or cohabitee is a parent

Professor Anna Singer, Faculty of law, Uppsala university, nov Assisted reproduction Law on Genetic Integrity Only married or cohabiting couples eligible Only at public hospitals Assessment of couples social, medical and psychological situation Written consent by mothers spouse or cohabitee Right for the child to know identity of donor

Professor Anna Singer, Faculty of law, Uppsala university, nov Child’s right to origins National Board Health and Welfare 2000 Parents of 148 children conceived though donor insemination 10 % had told the children of the donation 40 % planned to inform “later” 50 % would not inform the child

Professor Anna Singer, Faculty of law, Uppsala university, nov Property division Spouse A Marital prop € Debts € Net value € Spouse B Marital prop € Debts € Net value €