Towards a Negotiatory Ideal? Contractualization of Family Law in Finland

Abstract

This chapter offers an overview of contractual arrangements and agreements in family matters in Finland. Finnish law does not offer much scope for personal autonomy regarding status relations, and contractual options in substantive family law are mostly focused on financial issues like matrimonial property and maintenance. However, there are some noteworthy exceptions regarding paternity, adoption and filiation. The legislation on assisted reproduction, for instance, recognizes consent to treatment as a possible foundation for filiation. While contractual options in substantive family law are rather scarce, procedurally speaking there is more room for agreement. The number of options for mediation and negotiation has increased greatly in the last few decades, beginning with legislative reforms in the 1980s. Thus the contrast between substantive and procedural family law suggests a shift away from status-based and financial provisions, towards a negotiation-based model of regulating families. Such a model also emphasizes the best interests of the child, and presumes that divorcing spouses will reach an agreement and share parental responsibilities after divorce.