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Estonia divorce

Legal Framework

  • Family Law Act
  • Vital Statistics Act
  • Code of Civil Procedure

Competent Authority

Three options:

  1. Civil Status Offices (“Vital Statistics Offices”)
  2. Notaries
  3. Courts

Access Requirements

For Civil Status Office divorce:

  • Mutual agreement between spouses
  • Both spouses reside in Estonia and Estonian law applies, or
  • Agreement on applicable law choosing Estonian law

For Notarial divorce:

  • Mutual agreement between spouses
  • Estonia must have jurisdiction under EU Regulation 2019/1111
  • Can handle cross-border cases

For Court divorce:

  • Required when spouses disagree about divorce
  • Required when civil status office or notary not competent
  • Required for disputes about circumstances relating to divorce

Procedure

  1. Civil Status Office/Notarial Divorce:
    • Written joint application required
    • Waiting period: 1-3 months from application
    • Both spouses must usually be present for final certification
    • Immediate registration in population register
    • From Dec 2024: digital application possible for civil status office
  2. Court Divorce:
    • Based on action of one spouse against other
    • Court examines breakdown of marriage (Marriage breakdown presumed after 2-year separation)
    • Personal appearance of parties required unless valid excuse
    • Court may order 6-month reconciliation period
    • Must include information about underage children
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