INFO
www.kela.fi/ web/en/families
Divorce
Having a child
A marriage is dissolved with a court order. When processing a divorce, the court does not investigate any reasons behind the divorce. A divorce may be granted after a mandatory six-month reconsideration period or when the spouses have been separated for the two preceding years. The divorce is cancelled if a divorce is not demanded within one year of the initial application. Divorce is initiated by submitting a written application to the district court. The application may be submitted by one spouse or both spouses together. When the marriage is dissolved, the spouses must agree on at least the maintenance and visiting rights of the child, support payments to the spouse and the child, as well as the division of property and the end of their shared life. These matters can be agreed without court proceedings by signing a contract that must be verified by the municipality’s social welfare officer. The verified contract is just as binding as a court order. If the spouses cannot agree on these matters, they can be given to the district court to decide. When sentencing a divorce, the court may obligate one spouse to pay support payments to the other spouse either periodically or as a non-recurring payment. The division of the property of the spouses based on the divorce is in principle a division of the property in half. However, this is only the principal rule from which the spouses may deviate. The deviation may be based on a prenuptial agreement between the spouses or a willingness to make reasonable changes to the division of property.
Having a child changes the family and the relationship. Already during pregnancy, the expecting mother and the family receive advice and support from prenatal and maternity clinics that monitor the progression of the pregnancy. Prenatal clinics operate as part of health care centres and refer women to examinations and care elsewhere when needed. Before starting school, small children visit these clinics regularly to have health examinations and vaccinations. The parents’ duties towards their children are regulated in legislation on children. The most important pieces of legislation are the Paternity Act and the Act on Child Custody and Right of Access, as well as the legislation on child maintenance. The paternity of a child born in wedlock does not need to be verified. The paternity of children born out of wedlock, e.g. in a common-law marriage, can be verified by recognising the child at the register office, or based on a court order. Verifying paternity without recognition by the father can only be carried out when sufficient proof of the man’s biological paternity has been obtained through a paternity test. In Finland, the father is always liable to provide maintenance to their child, even if he is not in a relationship with the mother. If the man denies his paternity, he can be ordered to take a paternity test to verify paternity. If the man is found to be the child’s father, the court will order him to pay child support based on the man’s property and income. The maternity package, or äitiyspakkaus, is a maternity benefit given to pregnant mothers or adoptive mothers living in Finland. The maternity package provided by KELA contains children’s clothes, a
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sleeping bag and other useful items. Pregnant mothers covered by the Finnish social security system can go on maternity leave and receive a maternity allowance from KELA. The allowance is usually determined based on the mother’s income. Fathers may apply for paternity allowance for the time after the child is born. Once the maternity allowance period has ended, either parent can go on family leave and apply for parenthood allowance. The parental allowance period ends when the child is approximately 9 months old. If either of the parents wants to stay home and care for the child after this, they have the opportunity to apply for a home care subsidy that is available until the child turns three. All allowances are granted by KELA. Child benefit is paid for a child living in Finland until the child turns 17. Unwanted pregnency Sometimes families do not want any children or any more children. There are several methods of contraception available; some can be bought freely and others require prescriptions or procedures ordered by a doctor. If an unwanted pregnancy has already started, there is the option of an abortion or a termination, which is legal in Finland provided it is performed appropriately. Public health nurses, for example, provide advice on contraception and terminations. Abortions can be performed on referral from a doctor or permission from the National Supervisory Authority for Welfare and Health, Valvira. A termination can be performed before the 12th week of pregnancy upon a doctor’s decision. Terminations performed later than this require permission from Valvira, which can only be given based on weighty reasons, such as the mother’s young age or if the mother’s life is at risk.