Lahutus

Lahutus is the legal dissolution of a marriage under Estonian law, ending the spouses’ marital status and related rights and duties. In Estonia, divorce can be obtained through two main routes. A divorce by mutual consent involves both spouses filing a joint petition to the district court, agreeing on essential matters such as custody or parental responsibility, child contact, division of property and debts, and maintenance. If the court is satisfied that the arrangements are fair and in the best interests of any children, it will issue a divorce judgment. If spouses do not agree, one party may apply for a divorce, and the court will decide on custody, support, and the division of property and debts.

Parental arrangements are a central consideration when children are involved. The court prioritizes the best interests of the child, determining parental responsibility, living arrangements, and visitation rights. Child maintenance may be ordered based on the child’s needs and the paying parent’s means.

Property and finances are addressed either by agreement between the spouses or by court decision. Assets and debts acquired during the marriage are divided in a manner consistent with the applicable matrimonial property regime and fairness considerations. Spousal maintenance can be granted to a former spouse if necessary to prevent hardship, for a defined period or under specific conditions.

Process and effect: Divorce proceedings are handled by district courts. Parties file necessary documents, may participate in mediation, and await a decision. A divorce ends the legal marriage, and civil status records are updated. Names may be retained or changed within the allowed rules.

Cross-border aspects may arise if spouses or children live abroad, requiring consideration of international cooperation and enforcement of orders. The timeframe varies, with mutual-consent divorces typically proceeding more quickly than contested ones.