Erkända utländska barnäktenskap – hur påverkas barnet vid vissa familjerättsliga frågor?

Sammanfattning: Previously, people under 18 years old have been allowed to marry in Sweden, but after a law change in 2014 it is no longer possible. In connection with the law change, other special rules regarding married minors have been removed, such as the unlimited right for married minors to write a will. The preparatory works clearly states that child marriages shall not occur in Sweden. As the world becomes more globalized and more people move across borders, there will be more people in Sweden who have entered child marriage abroad. One purpose of the essay is to examine through a legal dogmatic approach the requirements for recognizing a foreign child marriage. The essay will then focus on the next step in which a child has entered a child marriage that has been recognized in Sweden, then which national law shall be used and elucidate any problems that may occur when Swedish legislation is applicable regarding prenuptial agreements, inheritance waiver and wills. The paper also aims to examine through a critical perspective whether the legislation in these areas are satisfactory or if there is need for legislative changes. The paper demonstrates that married children, unlike adults, have a very limited legal capacity and are dependent on the consent of a guardian in several family law situations. Their ability to sign the prenuptial agreements, waiver an inheritance and write wills differs from the ability of married adults. In discussing whether the current legislation is satisfactory or not, one finds arguments both for and against a special provision for married children. In my opinion, the arguments against a law change outweigh the need to introduce particular rules for spouses in a recognized child marriage.