Getting married in Estonia: requirements, documents and fees

Who may marry?

A marriage is contracted between two natural persons, and adults may marry (PKS § 1 lg 1 and 2) [1]. An adult with restricted active legal capacity may marry only if they sufficiently understand the legal consequences of marriage; if a guardian has been appointed, it is presumed that they do not, unless the ruling appointing the guardian provides otherwise (PKS § 1 lg 4) [1].

The following may not marry each other:

• ascendants and descendants in the direct line, and brothers and sisters, including half-brothers and half-sisters — also where the relationship has ended through adoption (PKS § 2) [6];
• persons whose such relationship is based on adoption (PKS § 3) [7];
• persons of whom at least one is already married or in a registered partnership; this does not restrict registered partners from marrying each other (PKS § 4) [8].

Where is a marriage contracted?

A marriage is contracted in the presence of a vital statistics official; a notary and a minister of religion entitled to perform vital statistics acts are such officials too (PKS § 7 lg 1 and 1¹) [9]. Marriages are certified by the local authority of a county centre (for example Tallinn, the city of Tartu, the city of Pärnu) (PKTS § 3 lg 3² and 4) [10]; a minister of religion performs the tasks related to marriage if the minister in charge has granted them that right (PKTS § 3 lg 7) [10], and a notary with the specifics laid down in the Notaries Act and the Family Law Act (PKTS § 3 lg 8) [10].

The couple express their will to marry personally and while present at the same time; the declaration may not be conditional (PKS § 7 lg 2 and 3) [9]. After a yes from both, the official declares that from that moment they are lawful spouses (PKS § 7 lg 4) [9].

What the law says

• „Abielu sõlmitakse kahe füüsilise isiku vahel.“ [1] (translation: a marriage is contracted between two natural persons; PKS § 1 lg 1).
• „Abielu ei sõlmita varem kui ühe kuu ja hiljem kui kuue kuu möödumisel päevast, millal abiellujad on perekonnaseisuasutusele esitanud abiellumisavalduse.“ [3] (translation: a marriage is not contracted earlier than one month→ count the day or later than six months→ count the day after the day the couple submitted the marriage application to the vital statistics office; PKTS § 41 lg 1).
• „Abielu sõlmimise tahteavaldus ei või olla tingimuslik.“ [9] (translation: the declaration of intent to marry may not be conditional; PKS § 7 lg 3).

Application and documents

In the marriage application each person states, among other things, the surname they will bear after the marriage, the property regime they want and which marriage this is for them (PKTS § 37 lg 2) [2]. The application is accompanied by a document proving each person's birth and, for a second or later marriage or partnership, a document showing that the previous one has ended or been declared invalid (PKTS § 38 lg 1) [11]. A foreigner must also prove a legal basis for staying in Estonia under the Aliens Act; a citizen of an EU Member State and a family member of an EU citizen need not prove this (PKTS § 38 lg 3 and 4) [11].

A certificate of no impediment — confirmation by the country of residence or citizenship that there is no obstacle to the marriage — must be submitted by a person whose residence is abroad or who has lived in Estonia less than six months→ count the day immediately before the application (PKTS § 39 lg 1 and 3) [12]. It is valid until the date stated on it but no longer than seven months→ count the day from issue, and it must be valid on the day of the marriage (PKTS § 39 lg 2) [12]. It is not required from a person who has lived in Estonia at least six months→ count the day immediately before the application and whose civil status data are in the population register (PKTS § 39 lg 6) [12]. If a foreign citizen cannot submit the certificate for a good reason, a court may permit the marriage without it; the permission is valid for six months→ count the day (PKTS § 39 lg 5) [12].

How much does it cost?

• At a vital statistics office: the state fee for the marriage entry is 70 euros (RLS § 338) [4]. It must be possible to marry at a vital statistics office on every working day for the state fee alone, without paying for a service referred to in § 30 lg 3 of the Local Government Organisation Act (PKTS § 42 lg 9) [13].
• At a notary: the notary's fee for certifying a marriage is 64 euros and also covers receiving the application, the counselling required by law and making the entry (NotTS § 33² lg 1) [5]; no state fee is charged for a marriage entry made by a notary (RLS § 47 lg 1 p 6) [14]. The fee for certifying a marriage outside the notary's office or area is agreed (NotTS § 33² lg 3) [5].
• Marriage certificate: no state fee is charged for issuing the first marriage certificate (RLS § 47 lg 1 p 2) [14].

Surname and property

Surname. On marrying you may keep your surname or choose a new one: a common surname (the last pre-marriage surname of one spouse) or your own surname followed by your spouse's (NS § 10 lg 1 and 2) [15]. A double surname may consist of no more than two names joined by a hyphen, and only one of the spouses may bear it (NS § 10 lg 3) [15].

Property regime. The couple may choose a property regime in the marriage application; if they do not and conclude no marital property contract, community of property applies to them from the marriage (PKS § 24 lg 1 and 2) [16]. A marital property contract may be concluded before or during the marriage; one concluded before takes effect on the day of the marriage (PKS § 59 lg 2) [17]. It is concluded in person in notarially certified form (PKS § 60) [18]. More on property regimes in our guide on spouses' property.

When is a marriage invalid?

A court may declare a marriage invalid, for example, if a marriage prohibition was breached, the marriage was contracted under fraud, threat or violence, or with intentions other than fulfilling the duties of marriage, above all to obtain an Estonian residence permit (sham marriage) (PKS § 9 lg 1 p 2, 5 and 6) [19]. A marriage is void if it was certified by a person without competence or if at least one party did not declare the intention to marry (PKS § 10 p 2 and 3) [20]. A promise to marry gives no ground to demand the marriage or compensation for damage (PKS § 8) [21].

What to do

1. Check that no prohibition applies and that you are both adults (PKS § 1 lg 2; PKS § 2, § 3 and § 4) [1] [6] [7] [8].
2. Gather the documents: proof of birth, if needed proof that a previous marriage has ended, for a foreigner proof of the legal basis of stay and, if needed, a certificate of no impediment (PKTS § 38 lg 1 and 3; § 39 lg 3) [11] [12].
3. Submit the joint application — in person, to a minister of religion or digitally signed online — and decide on your surname and property regime (PKTS § 37 lg 1, 1¹ and 2) [2].
4. Agree a date at least one month→ count the day and at most six months→ count the day after the application (PKTS § 41 lg 1) [3]. If you do not appear at the set time and do not give a reason, the application is deemed not to have been submitted (PKTS § 41 lg 4) [3].

Frequently asked questions

How much does getting married cost?

At a vital statistics office the state fee for the marriage entry is 70 euros (RLS § 338) [4]. A notary's fee for certifying a marriage is 64 euros, and no state fee is charged for an entry made by a notary (NotTS § 33² lg 1; RLS § 47 lg 1 p 6) [5] [14].

Can we marry sooner than in a month?

The vital statistics official may shorten the one-month→ count the day period for a good reason (PKTS § 41 lg 2) [3].

How do I marry abroad?

An Estonian resident or citizen who wishes to marry outside Estonia receives, on application, a certificate of capacity to marry from the local authority of a county centre or an Estonian consular officer; it is valid for six months→ count the day (PKTS § 40 lg 1 and 5) [22]. Documents on a change of civil status that took place abroad must be submitted to an Estonian vital statistics office within 30 days→ count the day of the change (PKTS § 50 lg 2) [23].

Can registered partners marry each other?

Yes, the prohibition does not restrict registered partners from marrying each other (PKS § 4) [8]. If they have a valid registered partnership agreement concluded in Estonia, its property regime continues and is deemed to have begun when the partnership agreement was concluded (KooS § 24 lg 2) [24].

Do I have to change my name?

No: on marrying you may keep your surname (NS § 10 lg 1) [15].