Termination of marriage (Divorce)

The procedure for termination of marriage is regulated by the Family Law Act and the Vital Statistics Registration Act. 

The bases for termination of marriage are the death of one of the spouses or divorce.

 The Family Law Act provides for the following options for divorce:

In the absence of a dispute between the spouses, divorce can be granted by a Vital Statistics Department or by a notary if both spouses reside in Estonia.

If one of the spouses does not agree with termination of the marriage, or his or her place of residence is outside the Republic of Estonia, divorce can be granted by a court, based on the filed statement of claim.

Together with the statement of claim for divorce, a claim for division of joint property can be filed with the court.

Matters of establishment of a procedure for access to the child, as well as matters of joint custody of the child or a claim for collection of child maintenance are resolved in separate proceedings.

Time of termination of marriage

A marriage is terminated:

• in the event of the death of a spouse – from the moment of his or her death;
• in the event of divorce granted by a court – from the date of entry of the court decision into force;
• in the event of divorce granted by a Vital Statistics Department – from the date of entry of the divorce entry into force.

When divorce is granted by a notary or a Vital Statistics Department, the marriage is divorced not earlier than one month and not later than three months after filing of the application.

Bases for termination of marriage through a court

According to section 67 of the Family Law Act, the basis for termination of conjugal relations through a court is:

1. Termination of cohabitation of the spouses, and absence of reasons to believe that cohabitation and relations can be restored. 
2. According to the law, termination of conjugal relations is presumed if the spouses have lived apart for at least two years.
3. If a court has reasons to assume that restoration of terminated relations is possible, the court is obliged to take measures for reconciliation of the parties, giving the spouses a term of up to six months for reconciliation.

The procedure for divorce by mutual agreement can be completed independently, and in the event of divorce through a court it is possible to resort to help of a lawyer in order to correctly draw up procedural documents.

Divorce granted by a Vital Statistics Department

Steps for obtaining divorce through a Vital Statistics Department:

1. Filing of an application at the Vital Statistics Department. To file an application for divorce you must appear at the Vital Statistics Department at the same time as your spouse.
2. Payment of the state fee.
3. Result.

Come again together with the spouse on the appointed day of divorce. You will be given a pre-filled form to sign the divorce entry, a divorce entry will be made in the Population Register and, if requested, divorce certificates will be issued.

Divorce granted by a notary

Steps for obtaining divorce through a notary:

1. Filing of an application at a notary’s office. To file an application for divorce you must appear at the notary’s office at the same time as your spouse.
2. Payment of the notary’s fee.
3. Result. In order to divorce the marriage you must come on the day of divorce appointed by the notary and give your consent to the divorce.

Divorce through a court

Steps for obtaining divorce through a court:

1. Filing of a statement of claim for divorce through a court.
   In order to correctly draw up documents and formulate claims for divorce, it’s better to contact a lawyer.
2. Payment of the state fee.
3. Court hearing.
   As a rule, after accepting the statement of claim, the court sets a hearing and asks both spouses to appear at the hearing. If one of the spouses lives abroad at the time of divorce, it is possible to apply for a remote court hearing.
4. Result.
   The court issues a court ruling on divorce. 
5. Updating data in the Population Register.
   To obtain a divorce certificate it is necessary to contact a Vital Statistics Department, presenting the court ruling.

Rates of state fees or notary’s fees when filing an application for divorce:

State fee for filing an application at a Vital Statistics Department	50 euros
Notary’s fee for filing an application	64 euros
State fee for filing a statement of claim for divorce through a court	100 euros

Our lawyers can advise you on divorce and other related family law matters. 

We can assist you in drafting a petition and represent you in court.