Bodelning vid utländska månggiften

Sammanfattning: Under Swedish law, marriages are monogamous. A person who is already married is not permitted to enter into another marriage. However, polygamous marriages are legal in many other countries. As a consequence of Swedish international private law, there are foreign polygamous marriages in Sweden that are legally recognized in some contexts. It is unclear how Swedish family law should be applied to these relationships. In the 1980s, an inquiry committee in family law investigated if legislation on the division of property and inheritance in foreign polygamous marriages should be implemented. The investigation concluded that new rules should not be suggested. It was considered inappropriate and too complicated. In January 2018 the Swedish Tax Agency published a report on polygamous marriages. According to the report, 152 people were in polygamous marriages in Sweden. The report shows that the number of polygamous marriages had increased greatly during the last decade in line with increased immigration. In January 2019, an inquiry committee presented an investigation on how foreign polygamous marriages could be prevented in Sweden (SOU 2020:2). The inquiry proposes a new and stricter main rule on non-recognition of foreign polygamous marriages. The purpose of this thesis is to critically review the legal situation of division of property in foreign polygamous marriages under Swedish law. The thesis finds that the legal situation is uncertain. After considering the conflict of laws and possible consequences of SOU 2020:2, this essay concludes that a change of legislation is needed. By introducing new rules, the weaker parties in a foreign polygamous marriage, generally the women, can be ensured economic protection.