Family law

Division of property occurs when a marriage or cohabitation ends. It must be carried out through a written agreement, and both parties often need legal counsel, especially when the parties disagree on how assets should be divided.

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If the parties cannot reach an agreement on their own or with the help of lawyers, they may request that the court appoints an estate distribution executor, bodelningsförrättare. The executor’s role is to help the parties reach an agreement. If that is not possible, the executor will rule on how the property is to be divided.

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It should be noted that a division of property is usually required even when a marriage or cohabitation ends due to the death of either party. In such cases, the matter is typically handled as part of the estate administration. Read more under Inheritance Law.

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Lebenberg possesses extensive expertise in these matters and is frequently entrusted to represent clients in property divisions. We also regularly serve as court-appointed estate distribution executors.

A prenuptial agreement is a contract that determines whether property belonging to the spouses is separate property. It can be signed before or during a marriage.

Separate property is excluded from a future division of property, for example in the event of divorce or the death of a spouse. You can read more about this under Division of Marital Property. In the event of death, a prenuptial agreement can have a significant impact on the inheritance of the deceased’s heirs.

We know from experience that a well-drafted prenuptial agreement is essential to prevent uncertainty and avoiding future conflicts. We regularly assist clients in drafting these agreements.

For cohabitating partners, a cohabitation agreement provides a similar function to a prenuptial agreement. When a cohabitation ends, other than by marriage, the shared property must be divided if requested by either party. Read more under Division of Marital Property.

A cohabitation agreement is a contract between current or future cohabitants that specifies which property should be excluded from the division or whether a division should occur at all. Such an agreement may be needed, for example, when the shared home was purchased by only one partner, or when both have contributed but in unequal amounts.

Cohabitants may also jointly own property other than their home and household goods. In such cases, a joint ownership agreement may be necessary to regulate their respective rights and obligations regarding the property.

We know from experience that well-drafted cohabitation and joint ownership agreements are essential to preventing uncertainty and avoiding future conflicts. We regularly assist clients with these types of agreements.

When someone wishes to give away property, it may be necessary to draft a deed of gift. Depending on the type of property and the recipient, certain formal requirements must be met for the gift to be legally valid.

Several questions should be considered when giving a gift. Is the gift an advance of inheritance? Should it become the recipient’s separate property? Does the grantor wish to impose conditions for the gift, such as restricting the recipient from selling, mortgaging, or giving away the property without the grantors consent?

It is important to carefully consider the legal implications of any conditions, and to clearly express them in the deed. Otherwise, the terms or their consequences may cause conflicts later. A well-drafted and carefully considered deed helps prevent uncertainty and future disputes.

We regularly assist clients in drafting and, when necessary, registering deeds of gifts.

When parents need to agree on matters of custody, residence, visitation, and possibly even maintenance, it is important to formalise these agreements in writing. Not doing so may lead to misunderstandings and future conflicts. If the parents cannot reach an agreement, the district court will rule on the matter. Our team at Lebenberg has extensive experience assisting parents both in drafting agreements and in disputes.

Disputes involving children are highly complex. In some cases, mediation may provide a constructive path forward, but this requires both expertise and experience. We take on engagements as mediators and are specially trained in the mediation of disputes concerning custody, residence, and access.

We also accept international custody disputes and assist clients with both legal advice and drafting documents for such matters. Additionally, we take on cases involving the abduction or wrongful retention of children.