The reflection period in the event of divorce is currently at least six months. This applies if there are children under 16 years of age in the family, or if only one of the spouses wants a divorce, and the purpose is to prevent hasty divorces.
However, if a woman has been subjected to violence in the relationship, it is difficult to justify such an obstacle to a quick divorce, according to the government.
Therefore, an investigator is now being commissioned to investigate whether the reflection period should be abolished in certain cases. For example, if there has been violence and other violations, or if neither of the spouses lives with their own child.
One can question whether it is reasonable to have today's regulations in all situations, says Minister of Justice Gunnar Strömmer (M).
Investigate time limit
What should be considered as violence and how it should be determined if someone has been subjected to it is up to the investigator to propose.
Minister for Gender Equality Paulina Brandberg (L) points out that there may be court judgments, police reports, and similar documents to rely on. Gunnar Strömmer does not rule out that even more difficult-to-measure violence, such as psychological and economic violence, may also be included.
The government also wants to investigate whether a time limit should be introduced for how long a division of property can take after a divorce.
Today, prolonged divisions of property can be used as economic violence by men who want to continue controlling their partner.
It is absolutely central that the person who has decided to leave a violent partner should not be met with obstacles on the way to a new life, says Brandberg.
The investigator will also provide proposals for "effective consequences" if the time limit is exceeded.
Proposal to be presented in 2025
A unanimous parliament urged the government in the spring of 2023 to review the time limit for division of property.
In response to the question of why it has taken so long to appoint the investigator, Strömmer replies that the government did not come to "a set table". He emphasizes that the issue was first raised in 2005.
We decided to finally take on this issue once and for all.
+ Reflection period in the event of divorce
The investigator will consider whether the requirement for a reflection period should be abolished in certain situations, for example, if there has been violence or other violations, or if neither of the spouses lives with their own child.
+ Time limit for division of property
The investigator will, among other things, review whether a time limit should be introduced, sharper tools for the division of property administrator, and stricter rules so that the one who does not cooperate will have to pay a larger share of the costs for the division of property administrator.
The investigator will be Margareta Brattström, who is a judge in the Supreme Court.
She will present her proposals no later than December 15, 2025.
