On 6th December, Finland celebrates Itsenäisyyspäivä, Independence Day. In contrast to some other countries, notably the US with its with 4th of July hot dogs and fireworks, Finns celebrate in a rather solemn manner: flags are flown, candles lit in windows, and a good deal of the nation still gathers to watch the televised Presidential Independence Day reception, which consists largely of an interminable handshake line with a side of fashion commentary.
Despite the locals’ aversion to dramatic displays of emotion (international ice hockey tournaments being an exception), Finland has been named “happiest country in the world” several years running. Many Finns themselves scoff at the title, but the country does rank highly for its strong welfare system, education, freedom, low levels of corruption and the generosity of its people. It might therefore surprise you to learn that Finland also has one of the highest divorce rates in the world (you can read our study into global divorce rates here). In this blog, I look at Finnish divorce law to find out what might be behind the seeming contrast.
Historically, Finnish law was based upon the principles of fault and the irretrievable breakdown of the marriage. There was a time when adultery, “ill treatment” (i.e. domestic abuse), substance abuse, criminal convictions, mental illness and even STIs were all legitimate grounds for divorce. Therefore, it was often necessary for separating couples to attribute blame for the breakdown of the marriage to obtain a divorce.
Sound familiar? That is because the divorce laws in England and Wales were also largely based on fault right up until April 2022.
The Finns, however, adopted and fully embraced the concept of “no fault divorce” in 1987. Since then, it has not been possible to allege fault when applying for a divorce, and the Court will not examine the relationship between the parties. Under Finnish law, it is sufficient to simply inform the Court that “I/we want a divorce”, and the consent of the other spouse is not a requirement for a sole application to be made. To obtain a divorce in Finland, it is not even necessary to state that the marriage has irretrievably broken down. In contrast, this remains a condition for a divorce in England and Wales.
Spouses in Finland can apply for a divorce together or one of them can file alone. A divorce will be granted either:
- After the expiry of a “reconsideration period” of six months, following which both spouses or just one of them can renew their application and it will be granted; or
- Where the spouses have lived separately for two years without interruption, in which case the divorce can be granted without further delay.
The “reconsideration period” is similar to the concept of a “reflection” period in England and Wales, which imposes a 20 week wait before the divorce can be progressed to the “conditional order” stage. However, under Finnish law, if a divorce application is not renewed within one year of the beginning of the reconsideration period, it will lapse. There is no similar time constraint in England and Wales, where it is commonplace for parties to wait until they have resolved any outstanding financial arrangements before applying for the final divorce order.
A top tip for Finns living outside of Finland: if you get divorced in a foreign country, make sure you notify the Finnish Population Information System (Digi-ja väestötietovirasto).
Admittedly, initially I did question the compatibility of Finland’s reputation as the “happiest in the world” with its high divorce rates. However, perhaps the long-standing lack of blame in the system has had a positive impact by moving the focus from acrimony to acceptance. Something to ponder over in the sauna perhaps, or during lulls in the Independence Day broadcast.
How Rayden Solicitors can help
Many cases that come across our desks at Rayden Solicitors feature an international element. As a team of specialist family lawyers, we have a wealth of experience advising clients who have a connection not only to England and Wales, but also a foreign country. We have strong, longstanding connections with other family law specialists across the globe, including in the Nordic region, and we are therefore well placed to assist with both the domestic and international elements of your case.
International family law is a complex area, so please do not hesitate to contact us for assistance.
