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Once you have decided to divorce or separate
Very few people are familiar with the practical things you need to think about when separating from your partner. In this stressful situation, it is good to remember that you are not the only one who has to deal with these things.
A divorce or separation affects not only the partners themselves but also other family members, especially the children. Therefore it is important that you can handle the practical and financial matters as smoothly as possible so that you can concentrate on processing your emotions after the separation.
Usually the most important practical things you need to think about are your living arrangements and distribution of property. You may also wonder what will happen to your joint loans, such as your car or housing loan.
If you are unsure about matters related to the distribution of property, we recommend that you contact a lawyer.
Divorce petition and reconsideration period
A written divorce petition is submitted to the district court of either spouse’s place of residence. The spouses may file the petition together, or it can be filed by one of the spouses alone. A reconsideration period of six months begins after the divorce petition has been filed. Once the reconsideration period has ended, the spouses jointly or one of the spouses alone may file a petition for final divorce.
The spouses may be granted a divorce without a reconsideration period, if they have lived separately for at least the past two years. The separation must be proved by presenting for example an extract from the Population Information System.
Partition of matrimonial property
The partition of matrimonial property may be carried out once the divorce petition has been filed. In practice, this means that matrimonial property is distributed between the spouses. Both spouses need to provide a statement of their property and debts – including property to which the other spouse has no marital right.
You can find more detailed information about the distribution of matrimonial property here
Separation of cohabiting couples and distribution of property
After a separation both cohabitants usually keep their own property. They both have an equal right to their joint property unless otherwise agreed. The Finnish Marriage Act can be applied if the cohabiting partners have lived in a shared household for at least five years or have a joint child or joint parental responsibility for a child.
Read more about the Act on the Dissolution of the Household of Cohabiting Partners and separation of cohabiting couples for example on the Finnish judicial system’s website or at the Family Federation’s website.
What happens to the family home after separation?
One of the hardest issues after separation is to decide what to do with your jointly owned home. Does one of you want to stay in the home you have bought together or will you decide to sell your home? If you want to buy out your partner’s share of your home, you need to find out first if you can afford it. If you decide to sell the home you have bought together, any sales profit will be considered in the distribution of matrimonial property. Before the distribution of matrimonial property you should seek information about the possible tax consequences.
Who will take care of the children’s banking?
There are more practical things you need to think about if you and your partner have children together. You also need to decide who will have access to your children’s accounts as well as sort out your savings and insurance policies. Following a separation, both parents will continue to manage their children’s finances together if they have joint custody.
Read more about managing your child’s banking after separation or divorce.
How can we help you?
We can help you sort out your personal banking matters, such as possible loan arrangements for your home and your joint accounts.