Familie-advokater, led by Attorney Anne Hazeland, maintains a branch office south of Malaga, Spain, several times a year. The firm accepts cases that are to be resolved in Spain or Norway, and where one of the parties or the matter itself has a connection to Norway.
Navigating the legal landscape on your own can be challenging, and may result in both personal and financial loss. An attorney with the relevant expertise can assist with mediation and dialogue, thereby preventing a conflict from escalating. If the conflict cannot be resolved through such means, the attorney will provide an assessment of the most appropriate course of action. Such an assessment involves numerous factors, all of which the attorney will communicate to the client.
Child custody cases are governed by very few formal legal rules, making it essential to engage an attorney with extensive experience in similar cases, both in and outside the courtroom, and who can therefore provide reliable and accurate assistance.
Child custody cases require a high degree of understanding and competence on the part of the attorney, both legally and interpersonally. These cases concern what is most dear to us – our children. Many cases should be resolved out of court through mediation and reconciliation; some cases require court-facilitated mediation; and in certain cases, a judicial decision is necessary. Which process is appropriate for each individual case must be carefully and thoroughly considered, together with honest and qualified guidance from the attorney.
These cases are primarily governed by the Children Act (Barneloven): https://lovdata.no/dokument/NL/lov/1981-04-08-7
In the event of a separation or divorce involving shared children under the age of 16, the parents are required to attend mediation at a family counselling office (familievernkontor). Many parents agree on the custody arrangement and draft an agreement with or without the assistance of the family counselling office. If parents later wish to make changes regarding the child’s primary residence or contact arrangements, the family counselling office can also provide assistance.
The vast majority of parents share parental responsibility. This will generally continue even if they separate, as a divorce or separation does not in itself alter the status of parental responsibility. Parental responsibility refers to the right and duty of parents to make decisions on behalf of the child in personal matters. When parental responsibility is shared, both parents must agree on the child’s name, religious affiliation, passport applications, choice of school (other than public schools), medical treatment, consent to medical procedures, and marriage before the age of 18. The consent of the other parent is also required for relocation abroad.
If a parent does not share in parental responsibility, or wishes to hold parental responsibility alone, the parents may attempt to reach an agreement, or the matter may be brought before the court. A high level of conflict between parents and difficulties cooperating on important decisions are among the factors given weight when determining whether parental responsibility should be shared or held solely by one parent.
Do you have questions about what happens with the children following a parental separation? Contact us, and our attorneys will advise you on your rights and obligations.
Upon separation or divorce, parents are entirely free to agree on whatever arrangement they consider to be in the best interests of their child. The child either has a primary residence with one parent and contact with the other, or the child has a shared residence arrangement. In some cases, contact is established under supervision, and in certain cases there should be no contact at all. You can read more about this below.
Primary residence means that the child lives predominantly with one parent and has contact with the other. The resident parent has broader decision-making rights than the contact parent and may make decisions regarding the child’s daily life, including the choice of nursery, after-school care, leisure activities, and domestic relocation. Notice of relocation must be given at least three months in advance, and the other parent may object and request that custody be transferred to the non-relocating parent.
The contact parent has decision-making authority during the days of contact. The resident parent cannot, in principle, make decisions about the child on those days. The contact parent, and whoever is caring for the child at any given time, decides matters relating to meals, clothing, bedtime, friends, homework, supervision, and care.
The child may have a primary residence with both parents, which usually means the child spends equal time with each parent. However, it is also possible to agree on a “shared residence with an unequal contact distribution,” meaning the child resides more with one parent, but both parents still strive to make decisions jointly. Shared residence requires a reasonable level of parental cooperation and that the arrangement works well for the child in question.
The courts are reluctant to order shared residence. According to the legislative preparatory works for the Children Act, shared residence may be ordered by the court only if the child is over seven years of age, the parents live in close proximity to each other, and they cooperate adequately. Outside of court proceedings, parents may agree on a shared residence arrangement without these conditions being met.
We frequently see parents in dispute over the child’s primary residence, contact arrangements, or shared residence – or seeking changes to an existing arrangement that, for various reasons, is no longer working. Our attorneys have extensive experience with all matters relating to children’s law and can offer valuable guidance and sound advice. Please contact our skilled attorneys.
In certain cases, there may be a need to safeguard contact arrangements. This may be because contact has not taken place for a long time, or because there is a risk related to substance abuse, psychiatric conditions, or violence. The Children Act provides a legal basis for two types of supervised contact: supported supervision and protected supervision.
Supported supervision is used where, for example, there is an insecure attachment between a parent and child, and where some support may be needed before or after the contact sessions. Protected supervision is used where a person must be present throughout the entire contact session. Supervised contact is ordered only in exceptional cases by the court and must be specifically justified, usually for only one year at a time. Protected supervision is limited to a maximum of 16 hours per year, and supported supervision to a maximum of 32 hours per year.
In very exceptional cases, there should be no contact between a parent and a child. There may be several reasons why contact is not in the child’s best interests, including cases where the child has been traumatised by violence or other serious circumstances. Extremely high conflict between parents over many years may, in very rare cases, also result in the conclusion that contact should not take place. The same applies to children who have reached a certain age and who, rightly or wrongly, oppose contact, where it may be too late to attempt to repair the relationship between the parent and the child.
If a child custody case is not resolved out of court and is brought before the court, it follows a legal process specifically designed for this type of case. Cases are to be scheduled promptly, and a hearing is convened as soon as possible. During the initial hearings, mediation between the parties takes place if it is considered appropriate. In the vast majority of cases, the court appoints an expert psychologist to assist in the process.
The psychologist carries out work between the hearings and may interview the parents, the children, and other relevant persons. If agreement is not reached after one or more hearings with the assistance of the expert, the case proceeds to a main hearing and a judgment is rendered.
Legal proceedings concerning child custody should be orderly and constructive. Attorneys who take on such cases should have solid experience, as children’s law is to a limited extent based on legal theory. Child custody cases are to be resolved on the basis of what is in the best interests of the individual child and are largely governed by psychological considerations, where the court and the attorneys rely on the court-appointed expert to assess the child’s situation in the specific case.
Children who have turned seven years of age have the right, but not the obligation, to express their views in proceedings concerning primary residence and contact. The child is usually heard by the expert at the home of each parent. Younger children may also be heard. The weight given to the child’s wishes depends, among other things, on the child’s age, maturity, and understanding of the consequences of his or her wishes, as well as whether the child appears to be speaking freely or under undue influence.
In parental disputes, the parties are entitled to free legal aid provided the financial eligibility criteria are met.
We have extensive experience in child custody and parental disputes. Please do not hesitate to contact us if you have questions or require assistance.
As divorce attorneys, we have extensive experience with prenuptial agreements, property division, divorce, and cohabitation matters. Our assistance is provided to secure the financial aspects of entering into a marriage or cohabitation, or to conclude the financial dimension of a relationship in an orderly manner.
Do you need to establish a prenuptial agreement or a cohabitation agreement? Or do you require assistance and sound advice in the event of an impending divorce or separation? With us, you receive personal attention from attorneys who combine solid expertise with a genuine understanding of the individuals and parties involved. Welcome to our firm!
A divorce settlement is carried out when spouses conclude their marriage through divorce. It must be determined who owns what, and how the financial partnership is to be dissolved, including whether the home must be sold or may be retained, and the distribution of household contents, vehicles, savings, business interests, and other assets.
For married couples, the default rule is that the estate constitutes joint property (felleseie) and is divided equally. Exceptions may arise where a prenuptial agreement establishing separate property has been entered into. Claims for unequal distribution (skjevdeling) may also displace the presumption of equal division.
If you are planning to marry, it is prudent to prepare a prenuptial agreement. This way, there is no uncertainty about how matters will be handled in the event of a separation. We have extensive experience – contact us, and we will guide you further.
The legal rules governing division of property between spouses are primarily set out in the Marriage Act (Ekteskapsloven): https://lovdata.no/dokument/NL/lov/1991-07-04-47
For cohabitants, a corresponding financial settlement must be carried out. The default rule for cohabitants is that each party owns what is theirs, and division is in principle based on who purchased what.
Legal rules for financial settlements upon the dissolution of cohabitation are found, among other sources, in the Act on the Right to Shared Household Contents upon Dissolution of a Household Community: https://lovdata.no/dokument/NL/lov/1991-07-04-45
and also in the Co-ownership Act (Sameieloven): https://lovdata.no/dokument/NL/lov/1965-06-18-6
Anyone wishing to obtain a divorce must, as a general rule, first undergo a separation period of either one or two years. The period is one year if the separation follows from a formal separation decree, and two years if the separation is based on actual physical separation without such decree.
If the parties do not have a prenuptial agreement (an agreement regulating the financial relationship), their assets will constitute joint property. Joint property may also encompass claims for unequal distribution on behalf of one or both spouses.
Joint property is the default regime for the financial relationship between spouses and encompasses the assets to be divided upon divorce. As a general rule, joint property is to be divided equally upon divorce. Joint property does not mean that the spouses co-own an item (sameie); the spouse who owns the item may have the right to retain it. It is the value that is subject to division.
The rules on unequal distribution (Section 59 of the Marriage Act) may significantly displace the presumption of equal division. In practice, it is claims for unequal distribution that generate the most conflict in divorce settlements.
Unequal distribution provides that the value of assets traceable to property that a spouse owned prior to the marriage, or subsequently acquired through inheritance or gifts from persons other than the other spouse, may be claimed exempt from division. In both cases, it is a requirement that the value remains intact. The value of the claim for unequal distribution may increase or decrease; if the value has been consumed or reduced to zero, the claim is lost.
If a claim for unequal distribution would lead to a clearly unreasonable result, the law provides that it may be set aside in whole or in part. However, the threshold of “unreasonable result” is interpreted very strictly. In making this assessment, particular weight is given to the duration of the marriage and each spouse’s contribution to the family.
Separate property refers to assets or property owned solely by one spouse and not subject to division upon divorce. Separate property is the opposite of joint property. Separate property must be agreed upon in a prenuptial agreement to be valid.
A divorce settlement is based on a cut-off date that determines which assets are included in the estate to be divided. Acquisitions made after the cut-off date are not subject to the division between the spouses.
If cohabitation has been resumed following a separation and a division has already taken place, assets that the spouses retain from the earlier settlement are treated in the same manner as pre-marital or inherited assets, should the spouses’ assets need to be divided again.
We have extensive experience with divorce cases and can provide highly competent assistance with financial settlements between spouses. Contact us for a no-obligation consultation before we determine the best course of action.
For cohabitants, the rules regarding joint property, unequal distribution, and separate property do not apply. The starting point is that each cohabitant owns what he or she has acquired, and no joint property regime arises as it does for married couples. Cohabitants may have entered into a cohabitation agreement that governs how a financial settlement is to be carried out.
The Act on the Right to Shared Household Contents upon Dissolution of a Household Community provides that, where compelling reasons exist, one of the cohabitants may be granted the right to take over the parties’ shared home, or be granted a right of use. The Act also provides that cohabitants may, if both so request, petition for the opening of a public division of assets.
If you are about to enter into a cohabitation, you should prepare a cohabitation agreement.
What is to happen with your assets after your death is governed by the rules on inheritance. Inheritance law encompasses the relationship between the deceased and his or her heirs, as well as the relationship among the individual heirs. If a different distribution than that provided by law is desired, a will must be prepared. The law contains rules governing both what may be stipulated in a will and how a will must be drafted. If the will is not properly drafted or its content does not comply with the provisions of the law, it may be invalid in its entirety. If the will is ambiguous, disputes may arise among the heirs as to its interpretation. Certain inheritance disputes are brought before the courts for judicial resolution.
Both in the drafting and interpretation of wills, and in legal proceedings concerning the distribution of an estate, Familie-advokater is able to offer qualified assistance.
Norway has a relatively new Inheritance Act, which entered into force on 1 January 2021. If you have an older will, it may need to be amended. Contact us for assistance – our experienced attorneys will help you.
Link to the Inheritance Act: https://lovdata.no/dokument/NL/lov/2019-06-14-21
In inheritance law, the term “testator” (arvelater) is used to refer to the person who leaves behind an estate or the deceased. The Inheritance Act regulates a number of amounts by reference to the “basic amount” (grunnbeløpet). This refers to the National Insurance basic amount, a figure established pursuant to Section 1-4 of the National Insurance Act, which is determined by the Storting (the Norwegian Parliament) each year.
Inheritance by operation of law encompasses the circle of persons to whom the Inheritance Act grants a right of succession. This includes the testator’s family, regulated according to classes of heirs.
According to the law, the estate is to be divided equally among the direct descendants (children). The share of the direct descendants is, in principle, to constitute two-thirds of the estate, but not more than 15 times the basic amount. The testator’s spouse is entitled to one-quarter of the estate if the testator has direct descendants. In all cases, the spouse is entitled to a minimum inheritance corresponding to four times the basic amount.
The spouse is entitled to one-half of the estate when the testator leaves no direct descendants but has parents and/or siblings or their descendants. The spouse inherits the entire estate when the testator leaves neither direct descendants nor parents, siblings, or their descendants.
If the testator was not married but was a cohabitant, the cohabitant inherits four times the basic amount, provided he or she has, has had, or is expecting a child with the testator.
The testator may, by means of a will, distribute the estate in a manner other than that provided by the Inheritance Act. There are rules governing what may be stipulated in a will, and there are rules governing how a will must be drafted.
The testator cannot dispose of the forced share (pliktdelsarv) of direct descendants. The spouse’s right to inherit may be limited by will, but only if the spouse has been informed of the will prior to the testator’s death, unless it was “unreasonable or impossible” to provide such information. An amount corresponding to six times the basic amount may not, under any circumstances, be withheld from the spouse by will. If the testator leaves direct descendants, this threshold is reduced to four times the basic amount.
It is prudent to prepare a will to maintain control over what will happen with the assets you leave behind. Contact us for assistance, and our experienced attorneys will guide you further.
A joint will is one where two or more persons have established a will in the same document. A mutual will is one where two or more persons have established wills in favour of each other.
With a lasting power of attorney, you can determine who will look after your interests if you are no longer able to do so yourself – for instance, if you become seriously ill, injured, or for other reasons are unable to manage your own affairs. Chapter 10 of the Guardianship Act provides that, before the need arises, you may appoint a representative of your own choosing, with a mandate to safeguard your interests should the need arise.
The power of attorney must be granted to a person who is over 18 years of age, and it must specify the scope of the authority conferred by way of a mandate. The power of attorney may cover financial and/or personal matters. There are formal requirements as to the content of a lasting power of attorney.
Link to the Guardianship Act: https://lovdata.no/dokument/NL/lov/2010-03-26-9
Phone: +47 481 85 707
Email: anne@hazeland.no
