Dissolution of cohabitation
When cohabitation is dissolved, the property of the spouses is divided, i.e., separated. The spouses may conclude a written agreement on the division of property, i.e., a separation agreement, a compensation agreement, or other document.
We record these agreements. However, registration is not obligatory, and it has no effect on the validity of the agreements.
Who are cohabiting partners?
Cohabiting partners refer to partners who have lived in a joint household for at least five years or who have, or have had, joint custody of a child.
Married couples are not cohabiting partners.
What are separation and the separation deed? What about the compensation agreement?
The separation of property takes place when cohabitation ends in a breakup or death. Separation of property means that both cohabiting partners keep their own property. This can be requested by the partner or an heir of the deceased partner. A separation agreement is a document in which the division of property is recorded.
Sometimes spouses will not retain their own property entirely. Instead, one will give compensation to the other. This may be the case, for example, if one cohabiting partner has helped the other cohabiting partner to build up their assets through their contribution to the household. In this case, the partner who has accumulated property would gain an unjustified advantage if both partners kept their own property. A separate compensation agreement may be created or agreed upon in connection with the separation agreement.
How do I make a separation or compensation agreement?
You can use the services of a lawyer or a public legal aid office in the preparation of the agreement. The Digital and Population Data Services Agency cannot help in formulating the prenuptial agreement.
For a separation or compensation agreement to be valid, it must be
- in writing
- dated
- signed
- witnessed by two impartial witnesses.
However, the witnesses only need to certify the authenticity of the signatures, and they do not need to be present when the document is signed.
You are disqualified as a witness if the person making the agreement is, for example
- your current or former spouse or cohabiting partner
- your sibling
- your parent
- your child
- a family member of one of the above.
The witness must be aged 15 or over and understand the significance of witnessing.
The Digital and Population Data Services Agency does not comment on the content of the agreement.
In other words, you must ensure that the content and form of the agreement sent to us are expedient. The Digital and Population Data Services Agency does not ensure that the witnesses are impartial or otherwise check the content of the agreement or any formal errors.
Please, note as well that the registration does not correct formatting errors. It is therefore possible that a registered agreement may not be valid if it contains formal errors.
When should I register a separation agreement or compensation agreement?
Registration is only worthwhile if one of the partners has handed over their property to the other or paid considerably more compensation than they would have been obliged to do. In fact, if they subsequently go bankrupt or go through debt recovery procedure, the cohabiting partner who has received too much property or compensation in the division may be subject to a recovery claim. Registration may provide protection against such claims.
Do the following
-
Draw up the separation agreement
You can use the services of a lawyer or a public legal aid office in the preparation of the document. By using the services of a professional, you can ensure that the agreement meets all legal and other formal requirements. Unfortunately, the Digital and Population Data Services Agency cannot help in the preparation of the agreement.
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Print out and complete the application for registering the separation agreement
If you use an agent, they need a power of attorney to apply for registration. However, a power of attorney is not required if the agent is an attorney, a public legal counsel or a licensed legal counsel.
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Send the application
Send the application and the original deed of division to the address below or bring them to the mailbox of any of our service locations. Do not send any documents by email because we need the original documents.
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We will return the original deed of division to you by post
The registration certificate and the invoice for the registration will be sent separately.
Frequently asked questions and answers
A separation or compensation agreement may be concluded if the cohabitation has ended in a breakup or death. The right to compensation shall lapse if the separation agreement does not demand it, or if the complaint is not filed within six months of the separation of property.
If no separation has been made, the right to demand it shall lapse within three years of the death of the cohabiting partner or moving to a different address permanently.
No, and the registration has no effect on the validity of the agreement.
The registration may provide a protection in the division of property against the recovery claims of the creditors of the spouse who transferred the property in bankruptcy or debt recovery procedure.
The Digital and Population Data Services Agency does not verify the content of the deed for division of property. The Digital and Population Data Services Agency registers all deed of division of property containing the information necessary for the register.
At any point after the end of the cohabitation.
No. The agreement must be signed with a pen, and the original copy must be delivered to us. We will return it by mail.
No, because registration requires the original document.
A notary public working at the Digital and Population Data Services Agency may be a witness in the deed. In the largest service locations, it is possible to obtain two public notaries as witnesses for a separation agreement. Two witnesses cannot be obtained in Raahe, Kemi, Joensuu, Savonlinna, Pietarsaari, Porvoo, Raasepori, Salo or Rauma.
Make a reservation for the Notary Public service in our reservation system. Please mention in your reservation if you wish one or two Notary Public to act as witnesses. A fee is charged for certifying the authenticity of the signatures. If you want us to provide both witnesses, we charge EUR 68 (4 x EUR 17) for the service.
Yes, unless they are a lawyer, a public legal counsel or a licensed legal counsel.
You can send the request by email or by phone.
Please provide the information below for processing of the matter
- In what capacity are you placing the order (may affect the extent of confidentiality of the contract):
- My own contract.
- I am an heir, and I need an extract for estate inventory.
- I am a member of The Finnish Bar Association, a public legal aid attorney or a licensed trial counsel.
- I am the other party's agent and I have a power of attorney (NOTE! Attach the power of attorney to your reply message).
- Whose contract is in question (indicate the name and date of birth of both parties of the contract)
- When the contract has been registered (indicate at least month and year)
- Where the order will be delivered
- Company as an orderer (postal address)
- An individual as an orderer (postal address or e-mail address): If you want the documents by e-mail, please also state your phone number in order for us to send a secured e-mail. When your order has been sent, you will receive a PIN code via SMS to open the message.
- To which address the invoice will be delivered
- Company as an orderer (postal address or online invoicing information, also state the invoice reference)
- An individual as an orderer: Personal postal address: The invoice will be sent as a separate delivery either as an electronic invoice, Suomi.fi message, to OmaPosti service or by paper mail, if you do not have any of the mentioned channels in use
- If the extract goes to estate inventory, the invoicing information of the estate.
A fee will be charged for the extract.
Contact us
Postal address
Digital and Population Data Services Agency, P.O. Box 1003, FI-00531 Helsinki
Service locations
Customer satisfaction survey
Laws related to the matter
Act on the Dissolution of the Household of Cohabiting Partners
Law on certain registers of Digital and population data services agency (in Finnish)
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