Family matters

Divorce

• A divorce petition undergoes a two-stage procedure.
• When the divorce petition is filed with the district court, the six-month reconsideration period begins; this is stage 1 of the proceedings. Once the reconsideration period ends, there is a six-month period during which the final divorce petition is to be filed; this is stage 2 of the proceedings.
• In both stages, the petition may be filed by the spouses together or by one spouse alone.
• The divorce petition is to be filed with the district court in whose district at least one of the spouses resides.
• Matters ancillary to divorce may be decided at the same time as the divorce; these include child custody, support and right of access. The spouses may settle these matters by themselves or seek assistance from the social welfare authorities for a settlement to be reached.
• The distribution of assets may be finalised already during stage 1, that is, during the reconsideration period. This can also be done at a later stage.
• The spouses may settle the distribution of assets by themselves.
• If there is a dispute, the district court appoints, on the petition of either spouse, an estate distributor to perform the distribution of the assets.
• A registered (same-sex) partnership may be dissolved by a district court order. The procedural provisions pertaining to divorce are applied.

Child custody and right of access

• In the context of a divorce, the spouses or one spouse may petition the district court for an order on the custody, living arrangements, support and right of access relating to the minor children of the spouses. The petition may be filed as a matter ancillary to divorce or as a stand-alone petition.
• Upon petition, the Social Welfare Board in the municipality of recidence of the children may confirm a settlement that the parents have reached in the context of a divorce on the affairs of their children.
• If there is a dispute, the district court rules on the affairs of the children taking their best interests as the basis for the decision.
• Upon petition, the district court may amend an earlier order relating to the affairs of the children, if the circumstances of the children or the parents have changed in a relevant manner after the issue of the previous order.
• If there is a dispute, the district court may request a report on the cir-cumstances of the family from the social welfare authorities. The statement of the social welfare authorities shall contain an account of the home visits and of establishing the child’s opinion, and possibly in-formation from other authorities.
• In addition, the parents may self contact the social welfare authorities and request mediation.

Adoption

• The confirmation of adoption of a Finnish child is petitioned for from the district court in whose district the adoptive parents reside; they are also the petitioners in the matter.
• The beginning stages, discussions and investigations relating to adoption are seen to by the social welfare authorities and by adoption agencies licensed by the Ministry of Social Affairs and Health (Pelastakaa Lapset - Save the Children ry).
• International adoption agencies may operate only under license.

The registration of marriage settlement agreements and the confirmation of acknowledgements of paternity have been transferred to the state local offices as of 1 March 2003.

Civil marriage and registration of partnership

The Chief Judge, a District Judge, a Junior District Judge and a Notary of a District Court may perform a civil marriage ceremony or register a partnership. At a local register office a civil marriage ceremony may be performed by head of the office, a District Registrar or a Trainee District Judge. Civil marriage ceremonies and registrations of partnerships are a part of the officiator’s or registrar’s official duties if they are performed during normal office hours and in the office. However, performance of a civil marriage ceremony or registration of a partnership outside office hours and the office is a voluntary duty for the officiator or registrar.

Civil marriage ceremonies and registrations of partnerships are free of charge if they are performed during normal office hours and in the office. The charge collected for performance of a civil ceremony and registration of a partnership outside the office is 120 euros and the outside office hours 200 euros. Also, the travelling expenses of the officiator or registrar will be charged.

Distributor, inheritance matters

Brochure, Ministry of Justice: Information on the Marriage Act

Updated on 31 January 2012