(Eng) Äktenskapsskillnad för äktenskap ingånget utomlands
Hello Lawline,
I met my man 6 years ago in Sweden when i came here as a tourist, after a year i got a residency status together with my child. Two years ago we decided to get married in Philippines, the question is, is it possible to apply divorce in Sweden for our marriage in Philippines. I am now a swedish citizen and my husband and I decided that it would be better to part our ways.
Thank you.
Lawline svarar
Hello and thank you for your question!
In your case, the "Lag (1904:26 s.1) om vissa internationella rättsförhållanden rörande äktenskap och förmynderskap" (in English it would translate into something like Act (1904:26 p. 1) about certain international legal relationships concerning marriage and wardship) is applicable.
According to Chapter 3 Section 2 No. 1 in that act, a Swedish court has the right to try a divorce case if both spouses are Swedish citizens, which I take it you both are. If your spouse is not a Swedish citizen a Swedish court still has jurisdiction in accordance to Chapter 3 Section 2 No. 2 in the above mentioned act.
From the information I have been given I am quite sure a Swedish court has jurisdiction in this case and you can therefore file for divorce in a Swedish court.
For more information, you can read this brochure that provides a brief description of the provisions relating to marriage and divorce and the economic legal effects of marriage, written by the Swedish Parliament.
http://www.government.se/information-material/2013/08/family-law/ (see pages 19-21).
Hopefully some of your questions have been answered.
Best regards
