Family Law in Finland
Family law in Finland is primarily governed by the Marriage Act, the Child Custody and Right of Access Act, the Inheritance Act, and the Child Welfare Act, along with several other statutes that cover issues like adoption, divorce, and domestic violence. Finland's legal framework is designed to ensure equality, protect the welfare of children, and promote fair treatment of all parties involved in family matters.
Here’s an overview of the key elements of family law in Finland:
1. Marriage
Legal Requirements:
The legal minimum age for marriage in Finland is 18. However, individuals who are 16 or 17 years old can marry with the permission of the court.
Marriage must be civilly registered with the Finnish Population Register Centre. Although religious ceremonies are common, they must be followed by a civil registration to be legally recognized.
Finland operates under the principle of monogamy, meaning polygamous marriages are not allowed.
Same-Sex Marriage:
Same-sex marriage has been legal in Finland since 2017. Same-sex couples have the same legal rights as heterosexual couples, including rights related to adoption, inheritance, and social benefits.
2. Divorce
Grounds for Divorce:
Finland has a no-fault divorce system, meaning neither spouse needs to prove fault to end the marriage. The primary ground for divorce is the irretrievable breakdown of the marriage.
Divorce by mutual consent can be granted, or one spouse can file for a divorce if the marriage has broken down. In the case of a contested divorce, there is typically a 6-month waiting period before the divorce becomes final.
Property Division:
Finland applies the community property system, meaning that property acquired during the marriage is generally divided equally between the spouses in the event of a divorce. This includes salaries, assets, and other property accumulated during the marriage.
Separate property, which includes assets acquired before the marriage or received as a gift or inheritance during the marriage, generally remains the property of the individual spouse.
The couple can opt for a prenuptial agreement to modify the default property division system.
3. Child Custody and Support
Custody:
Joint custody is the norm in Finland, and it is encouraged unless there are specific circumstances that would make joint custody inappropriate, such as violence or abuse. Both parents are expected to share the responsibility for raising the child, even if they are divorced or separated.
Sole custody may be granted to one parent if the other is unfit to care for the child or if joint custody would harm the child’s well-being.
The best interests of the child are always the paramount consideration in custody decisions.
Child Support:
Child support is mandatory in Finland. The non-custodial parent is generally required to provide financial support for the child.
The amount of child support is determined by the needs of the child and the financial capacity of the non-custodial parent. Payments typically continue until the child turns 18, or longer if the child is still in full-time education.
Finland has a state-maintained system to ensure that child support payments are made, and in cases where the paying parent does not fulfill their obligations, the state can step in.
4. Domestic Violence and Protection Orders
Domestic Violence:
Domestic violence is treated as a serious crime in Finland. The law recognizes both physical and emotional abuse, and victims are protected under the Criminal Code.
Victims of domestic violence can apply for a protection order (also known as a restraining order) to prevent the abuser from having contact or approaching them.
The police can intervene immediately in cases of domestic violence, and victims can seek shelter, legal assistance, and support from various social services.
5. Inheritance
Intestate Succession:
If a person dies without a will, their estate is divided among their spouse and children. The spouse generally inherits a portion, and the remaining estate is divided equally among the children.
If there is no spouse or children, the estate may be inherited by other relatives, such as parents, siblings, or more distant family members.
Wills and Testaments:
In Finland, individuals have the right to write a will to specify how their estate should be distributed. Wills must adhere to the legal formalities set out in Finnish law to be valid.
Finland allows individuals to disinherit certain relatives, but forced heirship rules apply to children and the spouse, meaning they are entitled to a portion of the estate, regardless of the will.
6. Adoption
Adoption:
Adoption is governed by the Adoption Act, and it can be either domestic or international.
The adoptive parents must be at least 25 years old and have a sufficient level of income and emotional stability to care for a child.
Children who are adopted are granted the same legal rights as biological children, including inheritance rights and the right to maintain a relationship with their biological family in certain cases.
Finland permits same-sex couples to adopt children, either jointly or as a single parent.
7. Family Dispute Resolution
Mediation:
Finland encourages mediation as an alternative dispute resolution method, especially in cases involving child custody, visitation rights, and property division.
Courts may refer families to mediation services, and in cases where mediation is successful, the agreed terms are formalized in a court order.
Mediation aims to reduce conflict and promote cooperation between parents, particularly in matters related to the well-being of children.
8. Same-Sex Relationships
Same-Sex Marriage:
Same-sex marriage has been legal in Finland since 2017, granting same-sex couples the same legal rights and responsibilities as heterosexual couples.
This includes the right to adopt children, inheritance rights, access to social benefits, and the ability to form legal family relationships through marriage.
Registered Partnerships:
Prior to the legalization of same-sex marriage, Finland recognized registered partnerships for same-sex couples. While marriage is now available, these partnerships continue to exist for couples who may prefer not to marry.
9. Surrogacy
Surrogacy:
Commercial surrogacy is not legal in Finland, and gestational surrogacy is highly regulated.
Altruistic surrogacy may be allowed, but the surrogate must not receive any financial compensation beyond reasonable medical and other expenses. Finnish law requires that the intended parents have a pre-existing relationship with the surrogate, and the process must be approved by authorities.
The legal parentage of a child born through surrogacy is generally determined in advance by a court decision.
RELATED Blog
0 comments