Legal issues Sweden

The marriage procedure for foreigners in Sweden involves several mandatory steps that must be completed before the ceremony.

 

Age and absence of impediments: Both partners must be at least 18 years old. Marriage between close relatives or if one of the partners is already married is not possible. Before the ceremony, a check for impediments to marriage must be conducted by the Swedish Tax Agency. To do this, you need to fill out a form and submit the necessary documents.

 

Required documents: Foreign citizens need to provide a certificate stating that they are not married in their home country, which can be obtained from the embassy of their country or from a notary in their country of origin, translated into Swedish and notarized, and must be no older than 4 months, as well as an identity document (passport). If previously married, a divorce document or spouse's death certificate is required.

 

Location of the ceremony: The marriage can be concluded either in a civil form (e.g., at a municipality) or in a religious form (involving an authorized clergyman). If the ceremony is conducted by a civil servant, you must contact the municipality for registration.

 

Additional details: After the ceremony, the marriage certificate is sent to the tax authority for official registration. Note that the entire process takes about 3-4 weeks, as there is a mandatory waiting period of 21 days from the application for inspection before the wedding.

 

This procedure is important to ensure the legality of the marriage, especially for foreigners who may also need translation of documents into Swedish.

The registration of the birth of a child of foreigners in Sweden involves several key steps:

 

Notification of birth: When a child is born in Sweden, the medical staff (usually a midwife) immediately sends a birth notification to the tax authority. This is necessary for automatic registration of the birth and assignment of a personal identification number to the child.

 

Forms for registering a name: Parents are sent an extract from the population register along with forms to indicate the child's first name and surname. These documents must be completed and returned within three months after birth.

 

Registration for foreign parents: If the parents are not registered in Sweden, they must complete a special form and send it to the tax authority to complete the birth registration. This is especially important for applying for a passport for the child or registration in the country of origin.

 

Joint custody and establishment of paternity: If the child's parents are not married, custody automatically goes to the mother. To establish joint custody and paternity, an application must be submitted through the social committee in the municipality.

 

Residence permit for the child: If the parents do not have Swedish citizenship, an application for a residence permit for the child must be submitted through the Swedish Migration Agency. This process requires the child to have a passport or documents to obtain a temporary passport.

 

This process ensures the registration of the child and the issuance of all necessary documents for further residence in Sweden.

The procedure for registering your own business in Sweden for foreigners includes several important stages:

 

1. Choose the form of business: In Sweden, you can register a business in various forms, such as:

   - Sole proprietorship;

   - Limited liability company;

   - Trading partnership or limited partnership;

   - Economic association.

 

2. Registration at Verksamt.se: Regardless of the form of business, registration is done through the Verksamt.se portal, which allows you to apply to several agencies at once. Here you can also obtain approval for the business tax (F-tax), which confirms that you are an entrepreneur and independently responsible for your tax obligations.

 

3. Tax Registration: After registering a company, it is important to apply for Value Added Tax (VAT) and register as an employer if you plan to hire employees. These procedures are also done through the tax authority.

 

4. Additional Steps: It is optional, but recommended to register the company name through Bolagsverket to protect rights to the name. It is also helpful to develop a business plan, which may be necessary when approaching banks or investors.

 

Business registration in Sweden is a structured process with clear rules, and thanks to available online services, it can be simplified by following instructions on the Verksamt portal.

In Sweden, notary services for foreigners are provided through notaries who are authorized by local authorities to verify the authenticity of documents, signatures, and other legal data. Here are the main features of obtaining such services:

 

Types of Notarial Acts: Notaries can certify signatures on documents (e.g., powers of attorney), copies of passports, translations, and other documents. They can also provide documents with an apostille, which confirms the authenticity of the signature and seal on the document for use abroad in countries that have signed the Hague Convention.

 

Required Documents: To notarize documents, foreigners need to provide original documents such as a passport or power of attorney and proof of identity. It is customary to use a passport or other identity documents issued by Swedish or foreign governmental authorities.

 

Process of Obtaining an Apostille: In Sweden, only notaries have been authorized to issue apostilles since 2005. An apostille confirms that the signature on the document is genuine and it can be used in other countries that have signed the Hague Convention.

 

Foreigners can seek notary services for organizing powers of attorney, contracts, as well as for certifying educational documents that are used abroad.

 

For notarial acts in Sweden, a translator is not always required, but may be needed in cases where the foreigner does not speak Swedish and the content of the document must be clear to them. Since the notary must ensure that the person signing the document understands its content, the presence of a translator may be necessary for the correct execution of the actions.

 

If the notarial act involves documents in a foreign language, the notary may request a translation into Swedish by a certified translator to ensure the accuracy of the content.

 

When signature authentication on a document is required, the notary may insist on the presence of a translator if the person signing the document does not understand the language in which the document is written. This allows the notary to ensure that the person understands what they are agreeing to by signing the document.

The divorce procedure for foreigners in Sweden is quite transparent and regulated by Swedish marriage law. Here are the main stages and features:

 

Preparation and Filing of the Application: Divorce can be initiated either by a joint application from the spouses or at the request of one of them. If both spouses agree to divorce and there are no children under the age of 16, the divorce can be finalized immediately, without a reflection period. If one spouse does not agree or there are children under 16, the court will appoint a six-month reflection period before the final decision.

 

Reflection Period: This six-month period is mandatory if one spouse does not agree to divorce or there are minor children. After this period, the spouse who initiated the divorce must reapply to complete it. If this is not done within 12 months, the divorce process is annulled.

 

Division of Property: In Sweden, property acquired during the marriage is divided equally between the spouses. Exceptions may include personal gifts or inheritance that was not used for the common needs of the family. If the parties cannot agree on the division of property, the court makes a decision based on fairness and legislation.

 

Child Custody: After divorce, joint custody of children is maintained. However, the court may grant exclusive custody to one of the parents if it is in the best interests of the child.

 

Additional requirements for foreigners: Foreigners residing in Sweden are not required to meet additional conditions for filing for divorce, aside from complying with the jurisdiction of Swedish courts. If at least one of the spouses resides in Sweden or they are both Swedish citizens, the divorce can be initiated in a Swedish court.

 

The divorce process in Sweden is generally straightforward, but in international cases, assistance from a lawyer may be needed to consider cultural and legal nuances.

State legal aid: Swedish law provides the opportunity to receive legal aid through the state system. This aid is intended for those whose annual income does not exceed a certain level (around 260,000 SEK). To receive such aid, it is first necessary to consult with a lawyer for at least one hour, after which you can apply for full or partial support from the state. However, before seeking state assistance, you need to make use of legal protection insurance opportunities, if available.

 

Free legal consultations: In Sweden, there are organizations providing free legal consultations. For example, Lawline and other legal online platforms offer free answers to legal questions, as well as the opportunity to book a consultation with a lawyer for a small fee. This is a convenient way to obtain basic legal advice, especially on general issues.

 

Law firms: Many law firms in Sweden offer an initial consultation for free or at a reduced cost. You can find lawyers through online directories, recommendations, or seek assistance from your country's embassy to find attorneys.

 

These options allow foreigners in Sweden to receive qualified legal assistance, both on personal rights issues and on professional or immigration matters.

Processing the translation of official documents in Sweden has several important features, especially for foreigners:

 

Accredited translation: Most official documents require a translation carried out by an accredited translator who has been tested and accredited by the Swedish Agency for Legal, Financial and Administrative Services. Such translations have legal force and can be used for official purposes, such as submitting documents to a court or state authorities.

 

Translation process: Official translations in Sweden are performed only between Swedish and another language. For some languages, accredited translators do not exist, and in such cases, regular translators may be used, but their translations require additional legalization. For example, if a document needs to be presented in a foreign institution, an apostille on the original may be required, after which the document is translated into the necessary language.

 

Legalization of translation: In some cases, in addition to translation, the document must be legalized or certified with an apostille. This may be important for using the document abroad or in the case of international transactions. Legalization and translation may require the original document, especially if this is required by the consulate or embassy of another country.

 

Thus, for the processing of official document translations in Sweden, it is important to use the services of an accredited translator and, if necessary, go through the legalization procedure.

 

In Sweden, accredited translators can be found through Kammarkollegiet, the agency responsible for the accreditation of translators. This body conducts testing and appoints official translators who have the right to perform certified translations. On the official Kammarkollegiet website (https://www.kammarkollegiet.se), you can find a database of accredited translators. The site is available in Swedish and English. You can also use the services of translation agencies.

The Swedish judicial system consists of three main types of courts: general courts, administrative courts, and special courts.

 

General courts deal with civil and criminal cases. They include three levels:

   - District court — the first instance;

   - Appellate court — the appellate instance;

   - Supreme court — the highest instance, which only considers cases of significant importance for establishing legal precedents.

 

Administrative courts resolve disputes between citizens and government institutions. Like general courts, they consist of three levels: district administrative courts, appellate administrative courts, and the Supreme Administrative Court.

 

Special courts handle narrowly specialized issues, such as labor disputes or economic crimes. These courts operate separately from the main judicial systems.

 

Main features:

- The Swedish judicial system is built on the principles of fairness, independence, and equality. Judges are appointed for life and have a high level of autonomy.

- Sweden also actively uses the right to appeal: any decision can be appealed to the appellate court if there are sufficient grounds.

- Public access to court decisions: Sweden operates on the principle of transparency, allowing citizens access to most court decisions, which promotes transparency in justice.

 

Therefore, the system is designed to ensure the fairest consideration of cases at all levels of justice.

The procedure for buying real estate in Sweden for foreigners is quite transparent and includes several stages:

 

No restrictions for foreigners: Sweden does not impose legal barriers for foreigners to purchase real estate, whether they are EU citizens or from other countries. However, a personal identification number is required for all legal transactions, including the purchase of real estate, which is issued by the Swedish tax service. This number is also needed to open a bank account and arrange a mortgage.

 

Financial aspects: To purchase real estate, at least 15% of the property’s value is required as a down payment. Swedish banks may provide mortgages to foreigners, although without credit history in the country, additional guarantees or a higher down payment may be needed. Note that it is necessary to obtain prior approval from the bank for the possibility of a mortgage before participating in property bids.

 

Finding a property: Suitable real estate can be found on popular Swedish platforms like Hemnet.se or Booli.se. Many transactions are carried out through real estate agents who assist in communication with the seller and drafting the contract.

 

Purchase process: Once a suitable property is found, the proposal submission process begins. It can be either public or private.

 

The proposal submission process in Sweden is an auction system for selling real estate. When a potential buyer finds a suitable property, they submit a price proposal, which can be either above or below the asking amount. Here's how it works:

 

- Price proposal: Buyers submit their proposals through a realtor. All proposals are usually recorded publicly, and other interested buyers can see the current proposed price.

 

- Competing for the best price: Once a proposal is made, other buyers can start submitting their counter-offers. The proposal submission process continues until all interested buyers stop raising the price.

 

- Proposals via SMS: This process in Sweden often takes place as mobile trading. Buyers receive notifications via SMS about new proposals and can quickly respond by raising their offer.

 

- Legally non-binding proposals: Unlike in some countries, proposals during submission in Sweden are not legally binding until the contract is signed. This means buyers or sellers can exit the process at any point before signing the final documents.

 

As a result, the proposal submission process can be quite intense, especially in popular areas where prices can significantly increase.

In case of successful acceptance of an offer, a contract is drawn up.

 

In Sweden, the certification of the real estate purchase contract does not require notarization, as in some other countries. The contract is signed by the parties — the seller and the buyer — in the presence of the real estate agent, who acts as a mediator. Real estate agents in Sweden are required to be licensed and adhere to strict regulations, making their certification of the transaction lawful and sufficient.

After signing the contract, the buyer makes a deposit, usually 10-15% of the property's value. The final settlement and transfer of ownership occur later when the buyer pays the remaining amount and receives the keys to the property.

Additional documents, such as property registration, are submitted to the Swedish Land Agency, which completes the process of registering the new owner.

 

Additional expenses: Buyers pay a stamp duty of 1.5% of the property's value, as well as a mortgage fee (if applicable) of 2% of the loan amount.

 

Sweden offers a safe real estate market, but it is recommended to thoroughly review documents and inspect the property before purchase to avoid unpleasant surprises.

In Sweden, the laws and regulations concerning guardianship and adoption are aimed at protecting the interests of children and ensuring their well-being.

Guardianship

- Joint custody is the standard form, where both parents have equal responsibility for the child. This applies even if the parents are not married or are divorced, except in cases where one parent requests sole custody.

- In the case of divorce, if the parents cannot agree on custody, the matter is resolved in court based on the best interests of the child. Courts consider factors such as the child's living stability and security, their relationship with each parent, and the parents' ability to ensure the child's physical and emotional well-being.

- Establishing paternity also plays a key role in the right to custody, especially if the parents are not married. The process of establishing paternity is regulated by municipal authorities, and once completed, both parents may have joint custody.

Adoption

- International adoption in Sweden is subject to strict rules. To adopt a child from abroad, cooperation with licensed agencies that ensure compliance with the laws of both Sweden and the child's country of origin is necessary. One important aspect of the process is the suitability assessment of adopters, carried out by Swedish authorities.

- Domestic adoption is less common but also governed by legislation requiring adopters to meet certain criteria, including stable family and economic conditions.

- Sweden is also actively working on improving the support system for adopted children, especially in light of recent investigations into possible violations in international adoptions.

The child's interest is paramount in these matters, and all decisions regarding guardianship and adoption are made with their well-being in mind.

Features for Foreigners

Guardianship

Guardianship rights for foreign citizens: Foreigners residing in Sweden can obtain custody of their children on par with Swedish citizens. The main condition is having legal status in the country, such as a residence permit. If one parent lives outside of Sweden, custody issues may be more complex and require international legal regulation.

International custody disputes: If one parent lives outside of Sweden, custody disputes may be governed by international conventions such as the Hague Convention on International Child Abduction. In such cases, Swedish courts may interact with foreign judicial bodies.

Adoption

International adoption for foreigners: Foreigners residing in Sweden can participate in adoption processes both domestically and internationally. However, international adoption requires compliance with strict rules, including working with licensed agencies and meeting the requirements of both Sweden and the child's country of origin.

Requirements for adopters: Foreigners must provide documents proving their right to reside in Sweden and evidence that they can provide stable conditions for raising a child. This includes financial guarantees, stable housing, and a positive suitability report for adoption prepared by social services.

 

Thus, foreigners in Sweden may encounter additional legal aspects in matters of guardianship and adoption, especially if their native home is outside the country or they are involved in international processes.