Some marriages unfortunately end in divorce. Divorce is always a challenging and sore issue. It brings along many practical matters and taking care of them can feel particularly difficult in the situation you are in.
However, you need to be able to agree on how the matters you shared are going to be organised, so that you can both move forward.
Filing for divorce
As a process, divorce takes a lot of time and effort. It entails a few matters that must be taken care of before the divorce becomes legally valid.
Checklist
- Divorce is usually petitioned for together, although it is enough that one of the spouses files for divorce.
- The petition is submitted in written form to your district court.
- There is a six month reflection period when applying for a divorce
- A divorce will be granted even if one of the spouses is against it
Shared banking and insurance
After several years of living together, you may have plenty of banking and insurance-related matters that you share. It is good to go through them before divorce to make sure that you are clear on your responsibilities.
Checklist
- Accounts and access rights
- Cards
- Loans and collaterals
- Savings and investments
- OP bonuses and cancellation of the family bonus account
- Insurances and their beneficiaries
- Other family members
- Banking and insurances of underage children and taking care of them in the future
- Validity of a possible prenuptial agreement
What you need to remember regarding a shared home
Home is a place where your spouse has also had both good times and bad. It is where you have built a lot with each other and where you have lived your life together. However, during a divorce you need to think about what to do with your shared home.
Checklist
- Will the shared home be sold?
- Will one of the spouses redeem it?
- Evaluation of the apartment or house for selling or distribution of assets
- Scheduling a time for the sale when one spouse buys the home
- Matters to clarify regarding a home loan:
- existing collateral
- any guarantees/guarantors
- any repayment security insurance
- beneficiaries
- Any other loans
- consumer credit
After the sale of the home
Checklist
- rental apartment
- buying and financing a new home
Children in a divorce situation
If you have underage children (under 18) you should officially agree on the following matters regarding the child. These matters can also be solved with the help of a lawyer, in district court or social services if a mutual understanding cannot be reached.
Checklist
- where will the child live
- who will be the guardian of the child, one of the parents or joint custody?
- how will rights of access be organised
- maintenance payments
Division of assets
Division of assets means the distribution of matrimonial assets that the couple has in a divorce situation. If no prenuptial agreement has been draw up, the assets of both spouses are added together when the marriage ends divided equally between both parties. This is also done if one spouse has considerably more or less assets than he or she did when the couple got married. It is worth noting that an owned company or a part of one is also included in the assets divided under marital rights.
A prenuptial agreement can also be made by your Osuuspankki's legal services.