Divorce

A written divorce petition shall be submitted to a district court in the municipality of either spouse. The petition form and further information can be found in Finnish and Swedish.

The petition may be filed by the spouses jointly or by one of the spouses alone. The petition may be taken to the registry of the district court personally or sent to the court by mail, fax or e-mail. If only one of the spouses petitions for divorce, the district court serves the petition on the other spouse and reserves him or her an opportunity to issue a written statement on the petition.

A registered partnership may be dissolved by a district court order. The provisions on divorce are applied to the dissolution of a registered partnership.

Divorce after a reconsideration period of six months

If the spouses file a joint divorce petition, the reconsideration period begins when the petition arrives at the district court. If the petition is filed by one of the spouses alone, the reconsideration period begins when the petition is served on the other spouse. The district court informs the parties when the reconsideration period has begun and gives them instructions on how to proceed if they wish to be granted a final divorce.

Once the reconsideration period has ended, the spouses jointly or one of the spouses alone may file a petition for final divorce. The petition must, however, be filed within one year from the beginning of the reconsideration period. The petition for final divorce is filed in the same manner as the first petition for divorce.

Divorce without a reconsideration period

The spouses may be granted a divorce without a reconsideration period, if they have lived separated for at least the past two years without interruptions. The separation must be proved by presenting for example an extract from the Population Information System.

Other matters to be dealt with in connection with a divorce

The spouses can always agree on matters in connection with the divorce. In connection with a divorce petition, the following may also be claimed at the district court:

• an order on the end of cohabitation that determines which of the spouses may continue to live in the common home;
• decision on child custody, residence of a child and right of access;
• a decision on maintenance payable to a child or a spouse;
• an appointment of an estate distributor to carry out a distribution of matrimonial property.
• The above mentioned matters may be heard and decided at the district court also in a separate trial.

More information on child custody and right of access and on maintenance payable to a child or a spouse here.

Further information on the legal questions related to divorce is provided by the state legal aid offices, private advocates and other lawyers.

Maintenance obligation of spouses after divorce

Upon granting a divorce, the Court may order a spouse to pay maintenance to the other spouse if this is deemed reasonable. The maintenance may be confirmed payable in periodic instalments or as a lump sum.

An agreement confirmed by the social welfare authorities is as legally binding as a court decision. Further information on the agreements is available at the municipal social welfare services.

Distribution of matrimonial assets

Distribution of matrimonial assets may be carried out once the divorce petition has been filed. Each spouse may demand the distribution of the matrimonial assets. The spouses need not wait until the end of the six-month reconsideration period or until the final divorce order, but the distribution can be carried out as soon as the matter has become pending.

Further information on the distribution of assets here.

How is the distribution of matrimonial assets carried out?

The spouses can carry out the distribution themselves in accordance with a mutual agreement (distribution by agreement). When the distribution is carried out by agreement, the distribution shall be reduced to a document, which must be dated and signed and attested by two non-disqualified persons.

If the spouses cannot reach an agreement on the distribution, the distribution is carried out by an estate distributor appointed by the court, usually an attorney (official distribution). If an estate distributor carries out the distribution, he drafts it in the form of a document, which he signs. The estate distributor has the right to receive remuneration and compensation for his or her expenses from spouses.

When clarifying the property relations of the spouses and when planning the distribution of the matrimonial assets, there is always reason to turn to an attorney, the State Legal Aid Office or another skilled lawyer. At that point it is appropriate also to inquire whether compensation for the litigation costs is obtainable from a legal security insurance (home insurance) or legal aid paid from State funds.

International marriages

If a partnership has an international background, some of the legal questions in it may be governed by the law of a foreign state. The information provided on these pages may not be correct at the time.

In such cases, in order to clarify the rights and obligations of the parties, it may be necessary to contact a lawyer familiar with international family law issues.