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Question on divorce maintenance/alimony

Please assist here

Pasha13
post 16.Jul.2014, 04:32 AM
Post #1
Joined: 4.Dec.2013

I'm a foreigner with a permanent residence permit(expiring 2017). I have been married to a Swede for 3 years. We have marital problems, thus separated. I am presently back in my country with our 3 year old child. We are in communication but the the future seems so dim for us as a couple. I gave up everything in my country to be with him so I am solely depending on him. My question is can one file a divorce online? We haven't signed the ?ktenskapsf?rord. What are the implications? How can I reinforce transitional alimony until I'm back on my feet e.g. to pursue an academic course. Is SEK224,000 too much by swedish standards? (Amount needed to see me through 3 years of education). Can all this be implemented from overseas? It is likely that he doesn't agree to this. What next?
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LLHope
post 16.Jul.2014, 07:56 AM
Post #2
Location: Stockholm
Joined: 1.Jan.2014

- If you have joint custody of the child and your partner did not give permission for the child to travel outside of Sweden you could be found guilty of child abduction and have to return the child to Sweden.

- You can download a form from the court website, fill it in and send it to the court. The day they receive it is the day that assets are technically frozen in value with respect division of assets. There is a cooling off period, because you have a child together, of 6 months before any divorce can be finalised.

- Once the divorce is finalised, part of the process is to divide the assets 50/50. If it seems like you cannot agree, then you can request the court to appoint a person to help with this. The division of assets is then formally registered with Skatteverket. If you had a purchased property (not rented), then either the property is to be sold or one party must buy-out the others half.

- Sweden does not have alimony/maintenance for ex-partners. Sometimes in extreme cases they can order a temporary monthly payment for cost of living, but this only will last around 6 months max.

- If the child is living 100% with 1 parent, then the other parent will have to pay maintenance for the child.
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magg
post 16.Jul.2014, 09:56 AM
Post #3
Joined: 7.Oct.2013

You already had a thread and heard all this before. Sweden is the worst possible country you could have married into if you wanted to be supported by an ex spouse in this way. You will not find a court sympathetic to your situation and your husband probably has more leverage against you than you against him. If he is not agreeing to pay you 220 000 sek to leave him in peace, he is probably aware that half of the total assets to be divided is going to be less so there is no reason for him to agree to that blackmail. There is nothing you can do to force him into that nor will you ever find a court officer who will support you in this. At the same time, as already said, if your husband wanted to make your life miserable, he has a lot more leverage there, as he can request the child to be returned to Sweden. So if you want to stay wherever you are and keep the child there, you're probably better off not antagonizing your husband, because any Swedish court will see father's right to see the child as far, far more important than your right to extort money from him with a tearjerker on how you gave up everything. It's an American TV drama thing, it doesn't really fly well in European courts.
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