Notarial acts concerning family law
Important moments in life
A notary can help you enter into a marriage or obtain a divorce. A notary also authenticates registered partnership contracts and marital property contracts, and assists with matters relating to children, such as consent for travelling with children and for adoption, as well as maintenance agreements.
About the notarial act
A notary is an independent and impartial adviser who does not take sides and never represents one spouse or partner. They take the interests of both parties into account and explain the rights, obligations, risks and options associated with, for example, marriage, registered partnership or divorce, including matters relating to property and children. It is therefore worth consulting a notary even if, due to a difference of opinion, reaching an agreement seems difficult.
Marriage
Adult persons may get married. A marriage can be registered at any notary’s office. In general, notaries provide this service on weekdays during working hours. By agreement with the notary, it is also possible to get married outside the notary’s office and working hours at a location chosen by the prospective spouses.
Application for marriage
A joint written application must be submitted to a notary in order to get married. An appointment must be booked in advance in order to submit an application, as simply sending the application by email is not sufficient. This can be done either at a notary’s office or via remote authentication. However, it must be kept in mind that, in order to get married, the parties must appear in person at the notary’s office.
You must bring a number of documents with you when getting married:
- personal identity documents (ID card or passport);
- a document certifying the birth of both prospective spouses (this does not have to be submitted if the information in the document has been entered in the Estonian Population Register);
- in the case of a second or subsequent marriage or registered partnership, a document certifying that the previous marriage or registered partnership has been dissolved or annulled (this does not have to be submitted if the information in the document has been entered in the Estonian Population Register);
- if the previous marriage was dissolved abroad, the foreign document certifying the dissolution of the marriage must contain the personal details of the parties to the divorce, information on where and when the dissolved marriage was contracted, details of the authority that issued the divorce decree and the date when the decree was made and entered into force;
- if one of the prospective spouses lives abroad or has lived in Estonia for less than 6 months, a certificate of legal capacity to contract marriage must also be submitted, i.e. proof that the person may enter into marriage under the laws of their country of residence;
- if necessary, the certificate must be legalised or certified with an apostille. It must be translated by a sworn translator into Estonian, Russian or English, unless the document is already in Russian or English. A certificate of legal capacity to contract marriage is valid for 6 months, unless a shorter period of validity is specified on the certificate;
- in addition to the documents listed above, a foreign national wishing to marry must prove that they have a legal basis for staying in Estonia (e.g. a residence permit or a visa). A citizen of a Member State of the European Union or a person regarded as a family member of a European Union citizen in accordance with the law on European Union citizens is not required to prove this.
Time limit
A marriage may be contracted within 6 months of the submission of the application for marriage. In exceptional cases and for valid reasons, the notary may shorten the time limit.
Choice of surname
When getting married, spouses may choose whether to keep their existing surname or choose a new one. The new surname may:
- be a shared surname of the spouses, which is the surname last held by one of the spouses prior to the marriage;
- consist of the surname last held prior to the marriage, followed by the spouse’s surname. A surname chosen in this way may not consist of more than two names linked by a hyphen (e.g. Tamm-Kask), and may only be held by one of the spouses.
Choice of proprietary relationship
When getting married, the spouses also choose a proprietary relationship, which can be amended later by means of a marital property contract. The Family Law Act allows spouses to choose between three types of proprietary relationship:
- jointness of property,
- set-off of assets increment;
- separateness of property.
When set-off of assets increment or separateness of property is chosen, the relevant entry is also made in the Marital Property Register.
Jointness of property
Jointness of property creates the strongest financial ties between spouses. Property acquired during this proprietary relationship belongs to the spouses jointly and transactions with such property may only be carried out jointly.
In addition, each spouse has separate property, which includes:
- personal effects;
- property acquired before marriage;
- property acquired during the marriage free of charge, i.e. as a gift or by inheritance;
- assets acquired on the account of separate property.
Spouses may carry out transactions with their separate property without the other spouse’s consent. As an exception, spouses may, for example, sell or mortgage a home that forms part of their separate property only jointly. A restriction applies from 2015 to immovable property acquired e.g. as a gift or by inheritance. It is possible to agree in a marital property contract that this restriction does not apply.
Set-off of assets increment
Set-off of assets increment ensures greater financial independence for spouses than jointness of property and offers the economically weaker spouse more safeguards than separateness of property.
Property acquired during this proprietary relationship does not automatically become the joint property of the spouses.
Transactions relating to the spouses’ home may only be carried out with the consent of the other spouse, regardless of which spouse owns the property. It can be agreed in a marital property contract that this restriction does not apply.
Under this proprietary relationship, the spouses’ property consists of:
- fixed assets;
- acquired assets.
Fixed assets are assets that belonged to a spouse prior to marriage, and assets that they have acquired by inheritance or received as a gift.
Acquired assets are property acquired by a spouse during the proprietary relationship, for example, in the form of a salary or business income.
Acquired assets are offset in the event of a divorce. This means that a spouse who has acquired fewer assets is entitled to claim compensation from the other spouse.
Separateness of property
In the case of separateness of property, the spouses are entirely independent of each other in terms of property. The acquisition of assets does not give rise to joint property and the consent of the other spouse is not required for the conclusion of transactions.
Document certifying contraction of marriage
After the marriage has been contracted, the notary issues marriage certificates to the spouses at their request. The initial certificate will be issued free of charge within 14 days.
After 14 days have passed since the contraction of marriage, the local authority will issue a marriage certificate and, if necessary, a duplicate marriage certificate, and a state fee must be paid for this in accordance with the State Fees Act.
Notary fee
The notary fee for the contraction of marriage at a notary’s office is €79.36, including VAT. The fee covers the acceptance of the application for marriage, the consultation required by law and the marriage entry.
The notary fee for certification of contraction of marriage outside the notary’s office or territorial jurisdiction will be agreed separately.
If the application for marriage is submitted via remote authentication, a notary fee of €24.80, including VAT, will be added.
If an application for contraction of marriage has been submitted to a notary and the notary has advised the applicants, but the marriage does not take place due to circumstances not dependent on the notary, the notary fee, including VAT, is €55.80.
Divorce
In Estonia, a divorce may be granted by a notary, at a vital statistics office or in court.
A notary may grant a divorce if at least one of the spouses is habitually resident in Estonia or if both spouses are Estonian citizens. A notary may grant a divorce only by agreement.
Application for divorce
The spouses must submit a joint written application to a notary in order to obtain a divorce. An appointment must be booked in advance in order to submit an application, as simply sending the application by email is not sufficient. This can be done either at a notary’s office or via remote authentication. You can find more information about remote authentication here.
In exceptional cases, it is possible to submit an application for divorce separately, but only if the spouses are unable, for a valid reason, to appear in person before a notary to submit a joint application or to submit it jointly via remote authentication.
You must bring a number of documents with you to obtain a divorce:
- personal identity documents (ID card or passport);
- a document certifying contraction of marriage if the relevant data are not in the register. If necessary, a foreign document must be legalised or certified with an apostille. It must be translated by a sworn translator into Estonian, Russian or English, unless the document is already in Russian or English.
Time limit and date of divorce
A divorce will go through no sooner than one month and no later than three months after the application for divorce is submitted.
Once the application for divorce is submitted, the notary will determine the date of divorce and notify both spouses of this. On this date, the notary shall dissolve the marriage in the presence of both spouses.
On the date of the divorce, both spouses must come to the notary’s office. A divorce cannot be granted by means of remote authentication.
If neither spouse is able, for valid reasons, to come to the notary’s office on the date set and they inform the notary of this in advance, the notary may set a new date for the divorce. If the spouses do not come to the notary’s office at the date set and do not give a reason for their failure to appear, they will be deemed not to have submitted an application for divorce.
If one spouse is unable, for a valid reason, to come to the notary’s office to finalise the divorce, they may submit a separate, notarised consent form to have the divorce finalised in their absence.
Choice of surname
When getting a divorce, the spouses may choose whether to:
- keep the surname held during the marriage;
- revert to the surname last held prior to the marriage to be dissolved;
- revert to the surname last held prior to the first marriage.
Document certifying divorce
After the divorce has been granted, the notary issues divorce certificates to the former spouses at their request. The initial certificate will be issued free of charge within 14 days.
After 14 days have passed since the grant of divorce, the local authority will issue a divorce certificate and, if necessary, a duplicate divorce certificate, and a state fee must be paid for this in accordance with the State Fees Act.
Notary fee
The notary fee for the grant of divorce is €79.36, including VAT. The fee covers the acceptance of the application for divorce, the consultation required by law and the marriage entry.
If an application for divorce has been submitted to a notary and the notary has advised the applicants, but the divorce does not take place due to circumstances not dependent on the notary, the notary fee, including VAT, is €55.80.
If the application for divorce is submitted via remote authentication, a notary fee of €24.80, including VAT, will be added.
In certain cases, the following additional charges may apply:
- in exceptional cases, spouses may file for divorce separately. This can only be done if, for a valid reason, they are unable to submit a joint application for divorce either in person at a notary’s office or via remote authentication. A notary fee in the amount of €52.27, including VAT, must be paid for the authentication of a separate application;
- if one spouse is unable, for a valid reason, to come to the notary’s office or participate by way of remote authentication, they may grant a notarised consent to have the divorce finalised in their absence. A notary fee in the amount of €52.27, including VAT, must be paid for the authentication of the consent;
- if the spouses live in different countries or are citizens of different countries, they may be able to choose which country’s laws will govern their divorce. The notary will explain whether it is possible to choose the law of a particular country, and if so, which one. The notary fee in the amount of €79.36, including VAT, must be paid for the authentication of the agreement on applicable law.
Registered partnership contract
A registered partnership contract can be signed by two natural persons with active legal capacity who are adults and at least one of whom resides in Estonia.
A registered partnership contract can only be entered into in the notarised form. This can be done either at a notary’s office or via remote authentication. You must contact a notary’s office, book an appointment and provide the notary with the details of the requested agreements in order to sign the contract.
You must bring a number of documents with you when entering into a registered partnership contract:
- personal identity documents (ID card or passport);
- a document certifying the birth of both persons entering into the registered partnership contract (this does not have be submitted if the information in the document has been entered in the Estonian Population Register);
- in the case of a second or subsequent registered partnership contract, a document certifying that the previous registered partnership contract has expired or been annulled. If the registered partnership was preceded by a marriage, you must submit a document certifying that the marriage has been dissolved or annulled (this does not have be submitted if the information in the document has been entered in the Estonian Population Register);
- a document confirming that there are no other obstacles to the conclusion of the registered partnership contract;
- the party from a foreign country must submit to the notary a certificate proving that they are not married and are not in a registered partnership. If necessary, the certificate must be legalised or certified with an apostille. It must be translated by a sworn translator into Estonian, Russian or English, unless the document is already in Russian or English;
- in addition to the documents listed above, a foreign national wishing to enter into a registered partnership contract must prove that they have a legal basis for staying in Estonia (e.g. a residence permit or a visa). A citizen of a Member State of the European Union or a person regarded as a family member of a European Union citizen in accordance with the law on European Union citizens is not required to prove this.
Time limit
No application must to be submitted in order to enter into a registered partnership contract. You must contact a notary’s office, book an appointment and provide the notary with the details of the requested agreements in order to sign the contract.
Unlike marriage and divorce, there is no established time limit that must elapse between the submission of an application and the conclusion of a registered partnership contract.
Choice of surname
When entering into a registered partnership contract, the registered partners may choose whether to keep their existing surname or choose a new one.
The new surname may:
- be the shared surname of the registered partners, which is the surname last held by one of the partners prior to the registered partnership;
- consist of the surname last held prior to the registered partnership, followed by the registered partner’s surname. A surname chosen in this way may not consist of more than two names linked by a hyphen (e.g. Tamm-Kask), and may only be held by one of the registered partners.
Choice of proprietary relationship
When entering into a registered partnership contract, the partners also choose a proprietary relationship, which can be amended later by means of a marital property contract.
The Family Law Act allows partners to choose between three types of proprietary relationship:
- jointness of property,
- set-off of assets increment;
- separateness of property.
When set-off of assets increment or separateness of property is chosen, the relevant entry is also made in the Marital Property Register.
Jointness of property
Jointness of property creates the strongest financial ties between registered partners. Property acquired during this proprietary relationship belongs to the partners jointly and transactions with such property may only be carried out jointly.
In addition, each partner has separate property, which includes:
- personal effects;
- property acquired before the registration of the partnership;
- property acquired during the registered partnership free of charge, i.e. as a gift or by inheritance;
- assets acquired on the account of separate property.
Registered partners may conclude transactions with their separate property without the other partner’s consent. As an exception, partners may, for example, sell or mortgage a home that forms part of their separate property only jointly. A restriction applies from 2015 to immovable property acquired e.g. as a gift or by inheritance. It is possible to agree in a marital property contract that this restriction does not apply.
Set-off of assets increment
Set-off of assets increment ensures greater financial independence for partners than jointness of property and offers the economically weaker partner more safeguards than separateness of property.
Property acquired during this proprietary relationship does not automatically become the joint property of the partners.
Transactions relating to the partners’ home may only be carried out with the consent of the other partner, regardless of which partner owns the property. It can be agreed in a marital property contract that this restriction does not apply.
Under this proprietary relationship, the partners’ property consists of:
- fixed assets;
- acquired assets.
Fixed assets are assets that belonged to a partner prior to the registration of the partnership, and assets that they have acquired by inheritance or received as a gift.
Acquired assets are property acquired by a partner during the proprietary relationship, for example, in the form of a salary or business income.
Acquired assets are offset in the event of the termination of the registered partnership. This means that a partner who has acquired fewer assets is entitled to claim compensation from the other party.
Separateness of property
In the case of separateness of property, the partners are entirely independent of each other in terms of property. The acquisition of assets does not give rise to joint property and the consent of the other partner is not required for the conclusion of transactions.
Document certifying registration of partnership
The registration of a partnership is certified by the registered partnership contract. The local authority may issue an extract from the Population Register showing the registration of the partnership and the registered partner, and a state fee must be paid for this in accordance with the State Fees Act.
Notary fee
The notary fee for the authentication of the conclusion of a registered partnership contract is €248, including VAT.
The fee also covers additional agreements relating to the registered partnership of registered partners, the choice of law applicable to property relations, statutory counselling, and the provision of information and entries in the Population Register and the Marital Property Register.
If the registered partnership contract is entered into via remote authentication, a notary fee of €24.80, including VAT, will be added.
If you have notified the notary of your wish to enter into a registered partnership contract and the notary has advised you, but the registered partnership contract is not entered into due to circumstances not dependent on the notary, the notary fee, including VAT, is €124.
Termination of registered partnership contract
You must contact a notary’s office, book an appointment and provide the notary with the details of the requested agreements in order to terminate the registered partnership contract. A registered partnership contract may only be terminated by means of notarised declarations of intent from the registered partners. If the declarations are not made at the same time, the registered partnership is terminated on the basis of the declaration made last. A declaration of intent may not be conditional.
Upon the termination of a registered partnership contract, any agreements entered into solely by virtue of the registered partnership will also expire.
If a partner changed their surname when registering their partnership, they may revert to their previous surname. If they do not wish to do so, they will retain their current surname.
The surname to be restored may be:
- the surname last held prior to the partnership to be terminated;
- the surname last held prior to the first partnership.
The notary fee for the authentication of an agreement to terminate a registered partnership is €64, plus VAT of €15.36 (total: €79.36).
Upon the termination of a registered partnership contract, the notary provides the details to the Population Register in accordance with the rules provided in this Act and in the Population Register Act and makes entries in the Marital Property Register in accordance with the rules provided in the Marital Property Register Act.
Marital property contract
A marital property contract allows spouses to change the proprietary relationship applicable to them and determine which existing or future assets are to be regarded as the spouses’ joint property and which as the separate property of one spouse. It is also possible to set out in the contract how joint property is to be used and, where necessary, divided.
Thus, a marital property contract makes it possible to:
- replace the selected proprietary relationship with another;
- terminate the selected proprietary relationship;
- enter into other agreements permitted by law.
For example, if spouses chose separateness of property when they married but wish to establish closer financial ties, they may choose jointness of property or set-off of assets increment as the proprietary relationship. A marital property contract must be entered into in order to establish a new proprietary relationship.
Spouses who have chosen jointness of property or set-off of assets increment as the proprietary relationship may, in the cases permitted by the Family Law Act, enter into agreements to amend their proprietary relationship. For example, spouses who have chosen jointness of property may agree in the marital property contract that an item belonging to one spouse’s separate property is regarded as joint property. They may also set out that a particular item belonging to the joint property is regarded as the separate property of one of the spouses.
Entering into a marital property contract
A marital property contract can be signed by two natural persons with active legal capacity who are adults and at least one of whom resides in Estonia.
A marital property contract can only be entered into in the notarised form. This can be done either at a notary’s office or via remote authentication. You must contact a notary’s office, book an appointment and provide the notary with the details of the requested agreements in order to sign the contract. It is important to keep in mind that a marital property contract must be entered into in person and cannot be concluded through a representative.
Once the contract has been entered into, the notary will make an entry about the marital property contract in the Marital Property Register, the data in which are public.
Notary fee
The notary fee for the amendment of the proprietary relationship and the opening of the registry card is €92.75, including VAT.
The notary fee for the amendment of the proprietary relationship and the amendment of the entry on the registry card is €72.91, including VAT.
If the marital property contract is entered into via remote authentication, a notary fee of €24.80, including VAT, will be added.
If you have notified the notary of your wish to enter into a registered partnership contract and the notary has advised you, but the registered partnership contract is not entered into due to circumstances not dependent on the notary, the notary fee, including VAT, is €124.
In other cases, the amount of the fee depends on the value of the assets.
Travelling with children
If a child travels abroad without a parent or legal guardian, they may need a notarised consent form, or power of attorney, from both parents. This may be necessary, for example, if a child is travelling with a grandparent, a teacher, a camp leader or a family friend, with just one parent, or entirely on their own. Consent is also required if a child moves to or goes to study in another country.
Whether a simple written consent from the parents is sufficient or whether the consent must be notarised depends on the requirements of the destination country and the countries along the travel route. It is therefore worth checking the transport companies’ requirements before travelling, or seeking further information from the Estonian Ministry of Foreign Affairs. If in doubt, a notarised consent form is always the safer option.
You can find information on travelling with children, including a sample consent form, in the travelling with children section on the website of the Ministry of Foreign Affairs.
Preparation of consent
Parents may prepare the consent themselves or have it prepared by a notary. Several children and several accompanying adults may be included in a single consent.
Parents should consider whether they are giving their consent for a specific trip or, for example, for grandparents to travel in certain regions or countries for a specific period. That way, you don’t have to prepare a new consent form every time you send your child on a trip. However, you must keep in mind that if the consent is issued for a longer period, it is not advisable to include passport or ID card numbers, as in that case a new consent form will have to be prepared when the identity document is renewed.
A child who is travelling without a parent or legal guardian must bring the following documents:
- personal identity documents (ID card or passport);
- in addition, it is worth bringing along a paper copy of the extract from the Population Register containing the details of both parents in English. This can be used abroad to prove a family relationship if the child and their accompanying adult – for example, a grandparent – have different surnames.
Notary fee
If the document has been prepared by the parent themselves, the notary fee for certifying a single signature, including VAT, is €15.83.
Support agreements
Both parents are equally responsible for the maintenance of a minor child, and the child has a priority right to receive maintenance. Children up to 21 years of age who are pursuing primary, secondary, vocational or higher education must be maintained.
The child’s actual needs must be taken into account when the amount of child support is determined. Parents may agree between themselves on the payment and amount of the support. A notary can assist in drawing up a support payment agreement if the parents agree on the payment and amount of the support.
It is worth knowing that while the extent of maintenance may be agreed upon, this agreement must not preclude the fulfilment of the maintenance obligation in the future or restrict it unreasonably.
Under certain conditions, a divorced spouse who is unable to support themselves after the divorce due to their age or state of health may also claim support.
Entry into support agreement
The following can be determined in a support agreement:
- the amount of support;
- the method and due dates of payment;
- the periods after which support is paid;
- other forms of maintenance instead of monetary payments.
Monthly child support is calculated according to a base amount of €200 per child. This amount is adjusted annually on 1 April according to the change in the consumer price index for the previous year. Next year, an adjusted base amount will be used for the calculations. Three per cent of the average gross monthly wage in Estonia for the previous calendar year is added to the base amount. This component is also recalculated annually on 1 April according to the changes in the average gross monthly wage.
In addition, spouses may, while still married, enter into a notarised agreement setting out how and in what amount support will be paid in the event of a possible divorce.
Notary fee
The notary fee for drawing up support agreements depends on the value of the transaction. The transaction value of a support agreement is the amount of the support to be paid, but not more than is paid for one year.
Consents for adoption
The child’s parents and the adopting spouse or registered partner may give their consent to the child’s adoption at a notary’s office.
Frequently asked questions
What family law matters can a notary assist with?
You can contract and dissolve a marriage, enter into and terminate a registered partnership contract, and enter into a marital property contract at a notary’s office. A notary can also help draw up a consent for a child to travel, a support agreement and a consent for adoption.
What proprietary relationships can you choose from when registering a marriage or registered partnership?
Spouses or registered partners can choose between jointness of property, set-off of assets increment or separateness of property.
Jointness of property means that property acquired during this proprietary relationship belongs to the partners jointly and transactions with such property may only be carried out jointly.
Under a proprietary relationship of set-off of assets increment, assets acquired during a registered partnership do not automatically become joint property, but upon the termination of the registered partnership, the acquired assets are set off, and the partner who has received fewer acquired assets has the right to claim compensation from the other.
Separateness of property means that the acquisition of assets does not give rise to joint property and the consent of the other partner is not required for the conclusion of transactions.
What is a marital property contract?
It is possible to change the existing proprietary relationship and to determine which assets are joint and which belong solely to one spouse or registered partner in a marital property contract. The use and division of joint property can also be regulated with the contract.
Can a home that is separate property be sold without the consent of the other spouse or partner?
Not always. If the property is the family’s joint home, the consent of the other spouse or registered partner may be required to sell or mortgage it, even if the property belongs solely to one party.
When is a certificate of legal capacity to contract marriage required to get married?
A certificate of legal capacity to contract marriage must generally be submitted if one of the parties to the marriage lives abroad or has lived in Estonia for less than six months. This certificate confirms that a person is eligible to marry under the laws of their country of residence and is normally valid for six months.
What do you need to keep in mind if you are getting married to or entering into a registered partnership with a foreign national?
Additional documents may be required, such as a certificate of legal capacity to contract marriage and a certificate confirming that the person is not already married or in a registered partnership. A document issued in a foreign country may require an apostille or legalisation, as well as a translation by a sworn translator, and a foreign national may need to prove their legal basis for staying in Estonia (a visa or residence permit).
Can an application for marriage or divorce be submitted via remote authentication?
Yes, an application can be submitted either at a notary’s office or via remote authentication. Both parties must come to the notary’s office in order to get married or divorced. However, if one spouse is unable, for a valid reason, to come to the notary’s office to finalise the divorce, they may submit a separate, notarised consent form to have the divorce finalised in their absence.
How quickly and under what conditions can a divorce be granted at a notary’s office?
A notary may only grant a divorce if both spouses consent to it. A divorce will go through no sooner than one month and no later than three months after the application for divorce is submitted. Once the application for divorce is submitted, the notary will determine the date of divorce and notify both spouses of this. On this date, the notary shall dissolve the marriage in the presence of both spouses.
Which document confirms divorce?
After the divorce has been granted, the notary issues divorce certificates to the former spouses at their request. The initial certificate will be issued free of charge within 14 days. After 14 days have passed since the grant of divorce, the local authority will issue a divorce certificate and, if necessary, a duplicate divorce certificate, and a state fee must be paid for this in accordance with the State Fees Act.
Who can enter into a registered partnership contract?
A registered partnership contract can be signed by two natural persons with active legal capacity who are adults and at least one of whom resides in Estonia.
Do I need to submit a separate application to enter into a registered partnership contract?
No application must to be submitted in order to enter into a registered partnership contract. You must contact a notary’s office, book an appointment and provide the notary with the details of the requested agreements in order to sign the contract. Unlike marriage and divorce, there is no established time limit that must elapse between the submission of an application and the conclusion of a registered partnership contract.
How can a registered partnership contract be terminated?
You must contact a notary’s office, book an appointment and provide the notary with the details of the requested agreements in order to terminate the registered partnership contract. A registered partnership contract may only be terminated by means of notarised declarations of intent from the registered partners. If the declarations are not made at the same time, the registered partnership is terminated on the basis of the declaration made last. A declaration of intent may not be conditional.
When does a child need their parents’ notarised consent to travel abroad?
Consent may be required if a child is travelling alone, with only one parent, or with another accompanying adult. Whether a simple written consent is sufficient or a notarised document is required depends on the requirements of the countries of destination and transit, as well as those of the transport company.
Who is responsible for the maintenance of a minor child?
Both parents are equally responsible for the maintenance of a minor child, and the child has a priority right to receive maintenance. Children up to 21 years of age who are pursuing primary, secondary, vocational or higher education must be maintained.
How big should child support be?
The child’s actual needs must be taken into account when the amount of child support is determined. Parents may agree between themselves on the payment and amount of the support. Monthly child support is calculated according to a base amount of €200 per child. This amount is adjusted annually on 1 April according to the change in the consumer price index for the previous year. Next year, an adjusted base amount will be used for the calculations. Three per cent of the average gross monthly wage in Estonia for the previous calendar year is added to the base amount. This component is also recalculated annually on 1 April according to the changes in the average gross monthly wage.
Who else can claim support in addition to a child?
Maintenance may also be claimed by a spouse, a divorced spouse under certain conditions, a parent raising a child in common, and other dependent ascendant or descendant relatives, such as a grandchild, parent or grandparent. A divorced spouse may be entitled to support if they are unable to support themselves because they are caring for a child in common or they are unable to provide for themselves after the divorce because of their age or state of health, and such a need for support existed at the time of the divorce.
Notary fees
| Notarial act | Notary fee including VAT (€) |
|---|---|
| Contraction of marriage (including accepting the application for marriage, providing advice and preparing the entry) | 79.36 |
| Entry into registered partnership contract | 248.00 |
| Entry into registered partnership contract | By agreement |
| Divorce (including accepting the application for divorce, providing advice and preparing the entry) | 79.36 |
| Marital property contract – minimal notary fee | 61.75 |
| Marital property contract – notary fee for opening a registry card | 31.00 |
| Marital property contract – notary fee for amendment of entry | 12,40 |
| Division of joint property | The notary fee is calculated on the basis of the transaction value. |
Fees for making copies will be added to the notary fee. If the notarial act is carried out via remote authentication, the remote authentication fee of €24,80 will be added.
The displayed amounts include VAT.
Useful links
Articles and information material
Article by Tallinn Notary Kristel Jänese in Postimees
Article by Tallinn Notary Kirsty Laidvee in Postimees
Article by Tallinn Notary Kristel Jänese in Äripäev
Legislation
Contact and help
If you have agreed on a transaction or need advice, please contact a notary.