Divorce in Estonia: fees, procedure and time limits

Where is a marriage dissolved?

At the vital statistics office, a marriage can be dissolved by mutual agreement on a joint written application, if both spouses live in Estonia and Estonian law applies to the divorce, or if the spouses have agreed that Estonian law applies (PKS § 64) [1]. In the application, the spouses confirm that they have no disputes about matters related to the divorce (PKTS § 44 lg 2) [9]. The application can also be filed with a digital signature in a secure online environment, without appearing in person (PKTS § 44 lg 1¹) [9].

At a notary, a marriage can be dissolved by mutual agreement on the spouses' joint written application if, under Council Regulation (EU) 2019/1111, the divorce falls within the jurisdiction of Estonia (PKS § 64¹ lg 1) [10].

In court, a marriage is dissolved if the spouses dispute the divorce or related matters, or if the vital statistics office is not competent (PKS § 65 lg 2) [3]. The court may dissolve the marriage if the marital relationship has irretrievably ended; this is presumed if the spouses have lived apart for at least two years (PKS § 67 lg 1 ja 2) [11]. The court takes steps to reconcile the parties and may grant a reconciliation period of up to six months (PKS § 67 lg 3) [11].

How much does a divorce cost?

• At the vital statistics office: a state fee of 90 euros is paid for making the divorce entry (RLS § 339) [6].
• At a notary: the notary's fee for certifying a divorce is 64 euros; it also covers receiving the divorce application, the counselling required by law and making the entry (NotTS § 33² lg 1) [7]. No state fee is charged for a divorce entry made by a notary (RLS § 47 lg 1 p 6) [12]. The notary states the fee and the value added tax (käibemaks) added to it on the document (NotTS § 40 lg 3) [13]. If the notary has counselled the applicants but the divorce does not follow for reasons beyond the notary's control, the fee is 45 euros (NotTS § 33² lg 2) [7].
• In court: a state fee of 100 euros is paid when filing a statement of claim for divorce (RLS § 59 lg 2) [4]. From 01.01.2027 this state fee is 310 euros (RLS § 59 lg 2) [5].

When does the marriage end?

On divorce at the vital statistics office, the marriage ends when the divorce entry takes effect; on divorce in court, on the day the judgment enters into force (PKS § 66 p 2 ja 3) [14]. At the office, the official dissolves the marriage in the presence of both spouses (PKTS § 46 lg 1); if a spouse cannot attend for good reason, the marriage may be dissolved in their absence with their notarised consent (PKTS § 47) [15] [16].

What the law says

• „Abielu võib lahutada kohtuotsusega ühe abikaasa hagi alusel teise abikaasa vastu.“ [3] (translation: a marriage may be dissolved by a court judgment on the action of one spouse against the other; PKS § 65 lg 1).
• „Abielusuhete lõppemist eeldatakse, kui abikaasad on elanud vähemalt kaks aastat eraldi.“ [11] (translation: the end of the marital relationship is presumed if the spouses have lived apart for at least two years; PKS § 67 lg 2).
• „Abielu ei lahutata varem kui ühe kuu ja hiljem kui kolme kuu möödumisel käesoleva seaduse §-s 44 nimetatud avalduse esitamisest.“ [2] (translation: a marriage is not dissolved earlier than one month or later than three months after the application referred to in § 44 of this Act is filed; PKTS § 45 lg 1).

Property, home and maintenance

• Joint property. When the joint property regime ends, the spouses divide the joint property; division can be requested from the court together with the divorce action (PKS § 37 lg 1) [8]. Joint property is divided in equal shares unless agreed otherwise (PKS § 37 lg 3) [8].
• Home. If the spouses cannot agree on the future use of the dwelling, either may ask the court to set the terms of use; the court considers above all the children's well-being (PKS § 68 lg 1) [17].
• Maintenance. A divorced spouse who cannot provide for themselves because they care for a joint child may claim maintenance from the other until the child turns three (PKS § 72) [18].

What to do

1. If you agree on everything, file a joint application with the vital statistics office – in person or online with a digital signature – and attach proof of the marriage (PKTS § 44 lg 1, 1¹ ja 3) [9].
2. Note that the marriage is dissolved at the earliest one month after the application (PKTS § 45 lg 1) [2].
3. If there is no agreement, file a divorce action in court and pay the state fee of 100 euros, or 310 euros from 01.01.2027 (PKS § 65; RLS § 59 lg 2) [3] [4] [5]; you can also request division of joint property at the same time (PKS § 37 lg 1) [8].
4. Agree on the use of the common home or ask the court to decide it (PKS § 68 lg 1) [17].

Frequently asked questions

What is the state fee for a divorce?

At the vital statistics office a state fee of 90 euros is paid for making the divorce entry (RLS § 339) [6]. The state fee for a divorce action in court is 100 euros, and 310 euros from 01.01.2027 (RLS § 59 lg 2) [4] [5]. At a notary the fee for certifying a divorce is 64 euros (NotTS § 33² lg 1) [7].

How long does a divorce at the vital statistics office take?

The marriage is dissolved no earlier than one month and no later than three months after the joint application is filed (PKTS § 45 lg 1) [2].

What if the other spouse does not agree to the divorce?

The marriage is dissolved in court on the action of one spouse (PKS § 65) [3]. The court may dissolve it if the marital relationship has irretrievably ended, which is presumed after at least two years of living apart (PKS § 67 lg 1 ja 2) [11].

How is joint property divided?

Joint property is divided under the rules on ending co-ownership, in equal shares, unless agreed otherwise (PKS § 37 lg 3) [8].

Can a divorced spouse claim maintenance?

If they cannot provide for themselves because they care for a joint child, they may claim maintenance until the child turns three (PKS § 72) [18].