Question 1

How long do divorce proceedings take?

Accepted Answer

If the parties reach an agreement, a divorce can be finalised before a notary within a matter of days. Where the dispute proceeds to court (for example, in relation to assets, children, or maintenance), the proceedings may take from several months to several years. We help expedite the process through clear documentation and well-reasoned settlement proposals.

Question 2

Does a child automatically reside with the mother after separation?

Accepted Answer

No. The court assesses with which parent the child’s best interests are best safeguarded — this may be the mother, the father, or a shared residence arrangement. The decision is influenced by factors such as the child’s age, established routines, the parents’ living conditions, and their ability to provide a stable environment for the child.

Question 3

What is the required amount of child maintenance?

Accepted Answer

Maintenance depends on the child’s needs and the parents’ income. The statutory minimum maintenance is set by law, but it can be adjusted based on the child’s actual expenses (e.g. extracurricular activities, medication, transport). We assist with making a fair calculation and preparing a list of supporting evidence.

Question 4

Is it possible to obtain a divorce without the other spouse’s consent?

Accepted Answer

Yes. Where the marriage has irretrievably broken down, it may still be dissolved through the court. An application is submitted to the court together with evidence demonstrating that there is no longer a shared household or mutual intention to live together.

Question 5

Can a marital property agreement be amended or terminated?

Accepted Answer

Yes, it can. A marital property agreement is not permanent — it can be amended or terminated by mutual consent of both spouses in notarised form. For example, a community property regime can be changed to separation of property, or vice versa. The same applies where the spouses wish to terminate the marital property agreement and revert to the statutory property regime. A lawyer can assess whether the change is in your best interests, prepare a draft amendment agreement, and liaise with the notary if needed to ensure everything is done lawfully and fairly for both parties.

Question 6

How are loans and debts dealt with on divorce?

Accepted Answer

In divorce proceedings, not only assets but also liabilities are divided — such as a mortgage, leasing agreements, or credit debts. Where a loan has been taken out in both parties’ names, both remain liable even after the divorce. However, where the loan has been used solely by one party (for example, for business purposes or personal consumption), it is possible to demonstrate that the liability should be attributed to that party alone. A solicitor can assist in gathering bank documentation, clarifying how the loan was used, and drafting a division agreement that accurately reflects each party’s contribution and responsibility.

Question 7

Do you need the other parent’s consent to move abroad with a child?

Accepted Answer

Yes, in most cases. Where parental responsibility is shared, one parent may not change the child’s place of residence (for example, by moving to another city or country) without the consent of the other parent. If no agreement can be reached, the matter is decided by the court, which assesses the child’s best interests, family ties, and living conditions. Relocating abroad without the consent of the other parent or a court order may constitute a violation of parental rights and may provide grounds for varying parental responsibility arrangements. A solicitor can assist in preparing the necessary application and assessing the risks before any relocation decision is made.

Question 8

Can a child decide for themselves which parent they live with?

Accepted Answer

A child’s views are taken into account, but the final decision is made by the court. The law requires that a child’s opinion be given weight according to their age and maturity — for example, the views of a 12-year-old are already highly significant. The court may hear the child’s wishes directly or through a child protection officer, a court-appointed legal representative for the child, or a psychologist.

Question 9

Can arrangements relating to child custody or parental responsibility be varied at a later date?

Accepted Answer

Yes. Where there are changes in the child’s life or in parental cooperation — such as relocation, a new partner, health issues, or ongoing conflict — the court may vary arrangements relating to parental responsibility or residence. An application is made to the county court, which will assess whether the proposed change is in the child’s best interests. A solicitor can help evaluate when a variation is justified, assist in gathering evidence (for example from the school, medical professionals, or child protection services), and explain how to submit the application or file it on the client’s behalf under a power of attorney.

Question 10

Can the amount of maintenance be changed if my income changes?

Accepted Answer

Yes. Maintenance is not fixed — it can be increased or reduced if the child’s needs or a parent’s financial situation change significantly. For example, maintenance may be adjusted if a parent becomes unemployed or if the child incurs additional special expenses (such as dental treatment, therapy, or extracurricular activities). A lawyer prepares the application and a revised maintenance calculation, supported by evidence of income and expenses, to give the court a realistic picture of the situation.

Question 11

What steps can be taken if one parent refuses to allow contact between a child and the other parent?

Accepted Answer

In such cases, it is possible to apply to the court for the determination or enforcement of a contact arrangement. The court may specify concrete contact times and locations, which then become an enforceable instrument. If the agreement is not complied with, a bailiff may ensure its enforcement. A lawyer can assist in preparing the application, collecting evidence (such as correspondence or the opinions of child protection authorities), and defending the parent’s right to maintain contact with the child.

Question 12

Can a maintenance claim be submitted on behalf of a child who has reached adulthood?

Accepted Answer

Yes. If a child continues their studies (for example, in upper secondary school or at university) and is unable to support themselves, a claim for maintenance may be made by the adult child personally. In such cases, the child must submit an application and prove that they are studying and require financial support. A lawyer can assist in preparing the claim and, if necessary, represent the child in court.

Question 13

If the other parent lives abroad, can maintenance still be claimed?

Accepted Answer

Yes. Maintenance claims can also be pursued in cross-border situations — Estonia is a party to international agreements that allow maintenance decisions to be recognised and enforced abroad. A lawyer can assist with preparing the claim, submitting the documents in Estonian and English, and coordinating with the competent authorities in the relevant country. While the process can be time-consuming, it is effective — maintenance arrears can be recovered even if the parent lives abroad.

Question 14

Is it possible to obtain a divorce without the consent of the other spouse?

Accepted Answer

Yes. If the marriage has irretrievably broken down (there is no longer a shared life or mutual intention to live together), it is possible to obtain a divorce through the court even at the initiative of one party only. The other party will be involved in the proceedings, but their refusal to consent does not prevent the dissolution of the marriage. A solicitor will prepare all necessary court documents and represent you throughout the proceedings, ensuring that the process is as calm as possible and that the outcome is fair.

Question 15

Does domestic abuse have an impact on parental responsibility and child custody decisions?

Accepted Answer

Yes, it does. In the best interests of the child, custody is not granted to a parent who is violent or whose behaviour endangers the child’s sense of safety. Courts treat allegations of domestic abuse with utmost seriousness, and such circumstances may form the basis for granting sole parental responsibility to the other parent. A solicitor can assist in presenting evidence, applying for protective measures, and ensuring that the child is placed in a safe environment.

Question 16

Are hearings in family law cases open to the public?

Accepted Answer

Generally, yes. Family law proceedings (such as divorce, child custody, and maintenance) are public unless the court, having regard to the circumstances of the case, orders that the proceedings be held in private.

Family Law and Family Disputes

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Frequently Asked Questions (FAQ)

Divorce and Dissolution of Marriage

Division of Joint Property and Liabilities

Parental Rights and the Child’s Place of Residence

Contact Arrangements with the Child

Maintenance and Maintenance Arrears

Establishment and Contestation of Paternity

International Family Matters