Family Law & Private Client Matters
Protecting Personal and Family Interests
Our Family Law and Private Client practice advises individuals and families on matters that are personal as well as legal: marriage and matrimonial property, separation and divorce, wills and estate planning, inheritance and the administration of estates. We pay particular attention to arrangements that involve more than one country, such as a couple of different nationalities, an estate with assets in several jurisdictions, or a family that has moved abroad. We approach these matters with discretion and with respect for the circumstances in which clients seek advice. Our aim is to explain the position clearly, set out the available choices, and help clients make decisions that protect their family and their property.
01
Our Expertise
Family and succession matters affect the people closest to a client and are often decided at difficult moments. The legal questions are rarely abstract: who is entitled to what, who has authority to act, what can be done to provide for a spouse or children, and how a family’s property will be divided if a relationship ends or a person dies. We seek to give clients a calm, practical understanding of those questions, in language that does not assume legal knowledge.
We advise couples who are planning to marry or who are already married, individuals who are separating, parents and children with questions about inheritance, and people with an international family or property abroad. Many of those we advise have a connection with more than one legal system, and for them the first question is often which country’s courts have authority and which country’s law applies.
Our approach is guided by confidentiality and by a preference for sensible, durable arrangements. Where an agreement is possible, we help clients to reach it and record it clearly. Where it is not, we explain the legal options and their consequences so that decisions are taken with a full understanding of what they involve.
02
How We Can Assist
We advise on family and private client matters at each stage of life, from marriage and planning to separation, succession and estate administration.
Marriage and matrimonial property
We advise on the property consequences of marriage under Swedish law, including the distinction between marital property and separate property, premarital and marital agreements (äktenskapsförord), gifts between spouses and the consequences for property acquired before and during the marriage. We also advise couples with a foreign element on the effect of moving between countries.
Separation and divorce
We advise individuals on the process and consequences of divorce in Sweden, including the reflection period, the division of marital property, the family home, pensions and the position of children, and on practical arrangements during separation. We also advise cohabiting partners on the effects of ending a relationship under the rules for cohabitees.
Family property arrangements
We advise families on arrangements for the ownership and transfer of property, including gifts to children, agreements between family members, the use of a company or other structure to hold family assets, and the way those arrangements will be treated on divorce or death.
Inheritance and succession
We advise heirs, beneficiaries and those planning their succession on the Swedish inheritance rules, including the order of inheritance, the surviving spouse’s position, the protection that the law gives to a person’s children, and the effect of wills and gifts on those rights.
Estate administration
We assist executors, estate administrators and heirs with the administration of an estate: the inventory of assets and debts, dealing with banks and authorities, the division of the estate, the transfer of property such as real estate and shares, and the resolution of disagreements among beneficiaries.
Wills and estate planning
We prepare wills and advise on estate planning, including provisions for a spouse or cohabitee, children from different relationships, conditions and restrictions on gifts, and the formal requirements that must be met for a will to be valid. Where assets or family connections are international, we address the position under each relevant legal system.
Cross-border family matters
We advise on matters in which spouses, children, property or heirs are in more than one country, including jurisdiction and applicable law in divorce and property disputes, the recognition of foreign decisions and marriage agreements, and the coordination of advice with lawyers in other countries.
Private international law
Private international law decides which court may hear a family or succession matter and which country’s law governs it. We advise on the relevant EU regulations and Swedish rules, and on practical questions such as the choice of law in a will or a marriage agreement and the European Certificate of Succession.
03
Swedish and International Legal Considerations
Swedish family and succession law is codified, and EU rules decide cross-border questions. These are the main sources.
The Marriage Code (äktenskapsbalken (1987:230))
The Marriage Code governs the effects of marriage, including the property of spouses. On divorce, marital property is in principle divided equally after each spouse’s debts are deducted, whereas property that is the spouse’s separate property by agreement or gift condition is excluded. A marital property agreement must be registered with the Swedish Tax Agency to be effective against third parties. If one spouse wishes to divorce and the other does not, or if either spouse has a child under 16 living with them, a six-month reflection period applies.
The Inheritance Code (ärvdabalken (1958:637))
The Inheritance Code sets out who inherits when there is no will, and the formal requirements for wills. A will must be in writing and signed by the testator in the simultaneous presence of two witnesses, who must confirm it. The children of a deceased person generally have a right to a legal portion of the estate, which is half of what they would inherit without a will, and a will cannot reduce it. Sweden has no inheritance tax.
Estate administration
An estate inventory (bouppteckning) listing assets and debts must be prepared within three months of death and registered with the Swedish Tax Agency. Heirs then proceed with the division of the estate, and the rules on who is entitled to administer it are set out in the Inheritance Code.
EU rules on succession
Regulation (EU) No 650/2012 determines jurisdiction and applicable law for the succession of persons who die on or after 17 August 2015. As a general rule the law of the deceased’s last habitual residence applies, but a person may choose the law of their nationality, and the Regulation provides for a European Certificate of Succession.
EU rules on matrimonial property and divorce
Regulation (EU) 2016/1103, applicable in the Member States that participate in the enhanced cooperation, including Sweden, determines the jurisdiction and applicable law for the property regimes of international couples married after 29 January 2019 or who choose the law after that date. Questions of divorce jurisdiction and the recognition of decisions are governed within the EU by Regulation (EU) 2019/1111.
04
Our Approach
These matters call for patience, precision and discretion. Our process reflects that.
-
01
Understanding the family and the objectives
We begin by listening: who is involved, what has happened, what the client wishes to achieve, and which countries and assets are connected with the family.
-
02
Reviewing the documents and the legal position
We review marriage agreements, wills, gifts, property documents and any decisions already made, and we determine which court has authority and which law applies.
-
03
Explaining the options
We explain the choices available, their consequences and their risks in plain language, and we discuss the alternatives to formal proceedings.
-
04
Preparing agreements and documents
We prepare wills, marital agreements, settlement terms and the supporting documents, and we ensure they meet the formal requirements and will be effective in each relevant country.
-
05
Supporting implementation
We assist with the registration, administration or enforcement needed to give effect to the arrangement, and we coordinate with the client’s advisers in other countries where required.
05
Frequently Asked Questions
Do we need a prenuptial agreement in Sweden?
Not necessarily, but it can be valuable if either spouse owns substantial assets, a business or property abroad, or if the couple wishes to depart from the equal division of marital property. In Sweden a marital property agreement (äktenskapsförord) must be in writing, signed by both spouses and registered with the Swedish Tax Agency to be effective against third parties. We advise on whether one is appropriate and on its content.
How does divorce work in Sweden?
A spouse applies to the district court. If both spouses agree and no child under 16 lives with either of them, the court can decide quickly. Otherwise a six-month reflection period applies before the divorce can be completed, unless the spouses have lived apart for at least two years. After divorce, marital property is divided in a division known as bodelning, and arrangements for any children are settled separately.
Can I disinherit my children under Swedish law?
A person’s children have a right to a legal portion, which is half of their statutory inheritance, and a will cannot reduce this. A person’s other relatives have no such right. A will may nevertheless allocate the remaining part of the estate freely, and the way property is held, for example between spouses, can affect the result. We advise on estate planning within these limits.
What are the formal requirements for a valid will?
Under Swedish law a will must be in writing and signed by the testator, who must sign in the simultaneous presence of two witnesses; the witnesses must then sign and confirm that the testator did so. A will that does not comply with these requirements is, in principle, invalid. Where assets or residence are international, the requirements of other countries should also be considered.
Which country’s law applies if I live abroad?
It depends on the matter. For succession within the EU, the law of the deceased’s last habitual residence generally applies unless a different choice of law has been made in a valid way. For divorce and matrimonial property, EU rules decide jurisdiction and applicable law, and they differ from the rules for succession. We examine the facts and explain which rules are likely to apply.
What does an estate administrator do?
An estate administrator, where one is appointed, manages the affairs of the estate until it is divided among the heirs: preparing the inventory, settling debts, dealing with authorities, and arranging the transfer of assets. In many estates the heirs manage this process themselves. We advise on the process and assist where an estate is complex or has an international element.
The information provided here is general in nature and is not legal advice. It does not consider any particular document or circumstance. Swedish and EU rules change, and official texts should be read in the version in force.
Family Law & Private Client Matters
Discuss Your Legal Matter
If you wish to discuss a family, succession or estate matter in confidence, write to us at info@smartlawafab.com with a short description of the people and countries involved and any existing will or agreement. We will consider your enquiry and reply by email.