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Divorce and children
Spouses may apply for divorce either together or alone. The petition for a divorce is a two-step process. A divorce can primarily be granted, after a half year deliberation period, with the so-called phase II petition. If the spouses have lived apart for the past two years, the divorce is granted without the deliberation period. Often in district court, in connection with the divorce proceedings, the child support payments, child care and visitation rights, matters of living arrangements, and if needed, restraining orders are agreed upon as well. Parents are responsible for the costs of raising the child according to their financial capabilities. When the parents financial situations are evaluated, their age, work ability, work opportunities, funds available and other alimony payments are taken into account.
It is possible to link a petition for the termination of cohabitation to the divorce petition. In this case, taking into consideration which party needs the lodging most, the court rules on which spouse gets to stay in the property and which one must move out.
The separation of an unmarried couple, is when the couple is not legally married or a registered couple.
The dividing or partition of the estate is possible after the divorce petition has been instituted in the court. If neither party has any rights to the other parties belongings, instead of partition taking place, a separation of the belongings is done. This is what happens when spousal rights are cancelled with a prenuptial agreement. A prenuptial agreement is an agreement between the spouses or the engaged couple, in which they agree on how their possessions will be divided in partition, or in other words, when their belongings are separated.
If the partition (division of possessions) is unfair, or if one of the parties gets an unfair advantage, the partition may be mediated. During the mediation process, the length of the marriage, the actions of the parties in contributing to the joint household and what has been done to accumulate and protect their wealth, is taken into account. Our family law specialists at Tammer-Juristit will help you with these matters.