Legal issues Estonia

In Estonia, the procedure for marriage to foreigners includes several key steps:

1. Submitting a marriage intention application: The couple must personally submit a joint application to the Civil Status Department or a notary no later than one month before the intended wedding date.

2. Required documents: 

- Valid passports of both applicants.

- Birth certificates.

- Documents confirming marital status, such as a divorce certificate or death certificate of a previous spouse, if applicable.

- Certificate of legal capacity to marry, confirming that there are no obstacles to marriage in Estonia.

- Documents confirming legal residence in Estonia, such as a visa or residence permit.

Note: All foreign documents must be translated into Estonian and certified with an apostille or legalized depending on the country of origin.

3. Payment of state fee: Payment of a state fee is required, the amount of which depends on the institution where the marriage will be registered.

4. Waiting and marriage registration: After submitting the application, a mandatory waiting period of one month is established. After this period, the couple can register the marriage on the agreed date.

5. Additional requirements: If one of the partners does not speak Estonian, a certified translator must be present during the ceremony. It is important to note that only monogamous marriages are recognized in Estonia, and the minimum age to marry is 18 years.

For more detailed information, it is recommended to visit the official portal of Estonia's public services.

In Estonia, birth registration is mandatory and must be completed within one month of the birth date. The process is the same for Estonian citizens and foreign nationals residing in the country.

Registration Methods

Electronic registration: If the medical institution has submitted the birth data to the Population Register, parents can apply through the portal www.rahvastikuregister.ee. This service is available for married and unmarried parents, as well as single parents.

Personal visit: An application can be submitted at any local government office of the county center (in Tallinn – at the Civil Status Records Department). You need to have:

- Identity documents of both parents.

- Marriage certificate if parents are married and marriage data are not in the Population Register.

- Written consent of the second parent for the chosen name of the child if only one parent conducts the registration.

- Paternity recognition statement if parents are not married.

Registration Process

Application submission deadline: within one month from the date of the child's birth. For valid reasons, the term can be extended for another month.

Processing time: the civil status records department registers the birth within seven working days after receiving the application.

State fee: birth registration and issuance of the primary birth certificate are free of charge.

Additional Information

Name selection: the child's name must comply with the rules of Estonian spelling and naming traditions. It is recommended to preliminarily agree on the chosen name through the portal www.rahvastikuregister.ee.

Birth certificate: parents can request a birth certificate if desired. If a certificate in a foreign language (English, German, French) is needed, it can be ordered through the electronic population registry or by contacting the local government.

Birth registration abroad: if the child was born outside Estonia and the birth was registered in a foreign country, re-registration in Estonia is not required. However, it is recommended to present the foreign birth certificate to the local county center government for inclusion in the Population Register.

For more detailed information, it is recommended to visit the official portal of Estonia's public services eesti.ee.

In Estonia, registering your own business is a process available to both citizens and foreign individuals. The procedure can be carried out electronically through the Commercial Register or in the traditional way through a notary.

1. Choosing the form of the enterprise.

2. Electronic registration via the e-Business Register.

Requirements: 

- Estonian ID card, Mobile-ID, or e-Residency for authentication.

- An address in Estonia for the legal entity.

- A bank account for depositing share capital.

Process: 

1: Log into the e-Business Register.

2: Fill out the application, providing details about the enterprise and founders.

3: Sign the documents with a digital signature.

4: Pay the state fee.

5: Wait for registration confirmation (usually within 1–5 working days).

3. Registration through a notary.

Process:

1: Prepare the founding documents.

2: Visit a notary for document certification.

3: The notary submits the application to the Commercial Register.

4: Pay the state fee and notary services.

5: Wait for registration confirmation.

4. Additional steps after registration: 

- Registration with the Tax and Customs Board: If the annual turnover exceeds 40,000 euros, you need to register as a VAT payer.

- Open an account in an Estonian bank for company operations.

- Obtaining necessary licenses: Depending on the type of activity, special permits or licenses may be required.

For more detailed information, it is recommended to visit the official portal of Estonian public services.

In Estonia, notary services are available to both citizens and foreign individuals. Notaries are independent officials authorized by the state to ensure the safety of legal relations and prevent legal disputes.

Features of obtaining notary services for foreigners

Choice of notary: Foreign nationals may contact any notary in Estonia, regardless of residence or property location. A complete list of notaries with contact details is available on the Estonian Notaries Association website.

Language support: Many notaries are proficient in several languages, including English and Russian, which facilitates communication with foreign clients. Information about the languages spoken by a particular notary is indicated in their profiles.

Remote authentication: Estonia offers a remote authentication service, allowing notarial acts to be performed via video link. This requires an Estonian ID card, Mobile-ID, or e-Residency, and a stable internet connection.

Apostille and legalization: Documents issued by Estonian notaries may require apostille for use abroad. An electronic apostille (e-apostille) can be obtained through the corresponding portal.

Service fees: Notary fees in Estonia are regulated by the state and depend on the nature of the transaction. Some notaries provide pricing information on their websites.

Appointment: It is recommended to make an appointment with a notary in advance. This can be done through the e-Notar self-service portal or by contacting the notary's office directly.

Recommendations for foreigners

Document preparation: Ensure all necessary documents are translated into Estonian and certified by a sworn translator, if required.

Consultation: It's recommended to consult with a legal specialist before contacting a notary to understand specific requirements and procedures related to your situation.

For additional information, visit the official website of the Estonian Notaries Association.

In Estonia, the procedure for dissolving a marriage can be carried out in two main ways: through a notary or through a court, depending on the circumstances and the spouses' agreement.

Divorce through a notary

If the spouses have reached mutual agreement on all issues related to the divorce, including property division, alimony, and child custody, they may contact a notary to formalize the divorce.

Process

Joint application: Spouses submit a joint application for dissolution of marriage to the notary.

Agreement: A notary certifies the agreement on the division of property, child custody, and alimony.

Decision: The notary issues the divorce decree.

Advantages: The process usually takes less time compared to court proceedings; fewer bureaucratic procedures.

Divorce through court

If there are disagreements between spouses regarding divorce, child custody, or property division, or if one spouse does not agree to the divorce, it is necessary to go to court.

Process

Lawsuit: One of the spouses files a lawsuit for divorce in court.

Court proceedings: The court considers the case, hears both parties, and makes a decision.

Court decision: The court issues a divorce decree and determines the conditions of custody, alimony, and property division.

Features: Court proceedings may take longer, especially in the presence of disputes. It is recommended to hire a lawyer to protect interests.

Common issues

Property division: In divorce, property acquired during the marriage is divided equally unless otherwise stipulated by a marriage contract or agreement between the spouses.

Child custody: Custody and child maintenance issues are resolved considering the child's interests.

Alimony: The court or notary determines the amount of alimony for child or spousal support, if necessary.

Required documents

- Marriage certificate.

- Documents identifying both spouses.

- Agreements on property division, custody, and alimony (when contacting a notary).

- Other documents confirming the circumstances of the case (when going to court).

Cost

Notarial services: The cost depends on the notary's fees and the complexity of agreements.

Court costs: Include the state fee and possible attorney costs.

Additional information

For more detailed information, it is recommended to visit the official portal of Estonia's public services. 

If necessary, it is recommended to seek legal advice from a qualified specialist for individual assistance in the divorce process.

State legal aid

State legal aid is provided to persons who cannot independently pay for a lawyer's services. This assistance is governed by the State Legal Aid Act. Foreigners may qualify for such assistance if they:

- Legally reside in Estonia or are citizens of European Union member states.

- Do not have sufficient means to pay for legal services.

To receive state legal aid, a relevant application must be submitted. Details are available on the website of the Estonian Bar Association.

Free and discounted legal assistance

Some organizations, in cooperation with the Ministry of Justice of Estonia, offer free or discounted legal consultations (HUGO.legal, Portal "Jurist Aitab").

Legal assistance for persons with special needs

The Estonian Chamber of Disabled People offers legal consultations for persons with special needs to assist them in everyday interactions with authorities and in document processing. Guardians or family members may also seek consultations to resolve legal issues related to the life of a person with disabilities.

Legal assistance for asylum seekers and refugees

The Estonian Human Rights Center provides free legal assistance to asylum seekers and refugees, ensuring access to asylum procedures and protection of their rights. Consultations are available by appointment.

Student legal bureaus

In Tallinn and Tartu, student legal bureaus operate where law students, under the guidance of experienced mentors, provide free consultations on various legal issues. Consultations are conducted in Estonian and, where possible, in Russian and English.

For additional information and finding suitable legal assistance, visit the relevant websites of the listed organizations.

Sworn Translators: Starting from January 1, 2020, in Estonia, official document translations are exclusively performed by sworn translators. A sworn translator has the right to certify the accuracy of the translation and the authenticity of document copies.

Translation and Certification Process

Selecting a Sworn Translator: One must contact a sworn translator specializing in the required language pair. The list of sworn translators is available on the website of the Estonian Chamber of Notaries.

Document Translation: The sworn translator performs the translation and certifies it with their signature and seal, confirming its accuracy and compliance with the original.

Notarial Certification: In some cases, additional notarial certification of the sworn translator's signature may be required. This depends on the requirements of the institution where the document will be submitted.

Apostille

If the translated document is intended for use outside of Estonia in countries that are parties to the Hague Convention, an apostille may be required. In Estonia, an apostille can be obtained through a notary or by using the electronic e-apostille system.

For more information, it is recommended to visit the official website of the Estonian Chamber of Notaries. It is also useful to familiarize yourself with the services of translation agencies specializing in official translations and notarial certification in Estonia.

The judicial system of Estonia is characterized by its three-tier structure and efficiency, which is confirmed by high rankings in European evaluations.

Structure of the Judicial System

Courts of First Instance:

County Courts (Harju, Viru, Tartu, Pärnu): handle civil, criminal cases, and misdemeanors.

Administrative Courts (Tallinn, Tartu): handle administrative cases related to state and municipal bodies.

Courts of Second Instance:

Circuit Courts (Tallinn, Tartu): review appeals against decisions of county and administrative courts.

Supreme Court: the highest judicial body, performing the functions of a cassation court and a constitutional review court.

Features of the Judicial System

Prohibition of Extraordinary Courts: The Constitution of Estonia prohibits the formation of extraordinary courts, ensuring the stability and predictability of the judicial system.

Electronic Judicial Proceedings: Estonia is distinguished by a high level of digitization in its judicial processes, enhancing the promptness and transparency of case handling.

Independence of the Judiciary: The judicial system is separated from the executive and legislative branches of power, guaranteeing the independence of judges in executing their duties.

Administration of Courts

Court Administration Council: includes the Chief Justice of the Supreme Court, judges, members of the Riigikogu, and other representatives, ensuring joint administration of the courts of first and second instances.

Ministry of Justice: in cooperation with the Court Administration Council, is responsible for the administrative management of the courts, including issues of financing and personnel.

System Efficiency

The judicial system of Estonia is recognized as one of the most efficient in the European Union, ranking high for the speed of case handling and the level of process digitalization.

For more detailed information, it is recommended to visit the official website of the Supreme Court of Estonia.

In Estonia, the process of purchasing real estate for foreign citizens is transparent and accessible, with minimal restrictions.

Right of Foreigners to Purchase Real Estate: Foreign citizens have the right to purchase real estate in Estonia on the same terms as local residents. Restrictions may apply to buying land plots in border areas and on islands, where special permission is required.

Preliminary Agreement

Content: After selecting a property, the buyer and seller conclude a preliminary agreement, outlining the main terms of the transaction, including price, deadlines, and obligations of the parties.

Deposit: Usually, a deposit (typically 10% of the property's cost) is paid upon signing this agreement, confirming the buyer's seriousness of intent.

Legal Check

Verification of Legal Status: It is recommended to check for encumbrances, debts, or other restrictions related to the property.

Documents: Ensure the availability of all necessary documents confirming the seller's ownership and the compliance of the property with building standards.

Notarial Act

Signing the Contract: Real estate transactions in Estonia require notarization. The notary prepares and certifies the sale and purchase agreement, ensuring its legality.

Payment: After signing the contract, the buyer transfers the remaining amount to the seller.

Registration of Ownership

Application to the Land Register: The notary submits an application to register the new owner in the Land Register. The registration process usually takes several days.

Costs Associated with Purchase

Notarial Fees: The amount depends on the value of the property and is set by the state.

State Duty: Charged for registering ownership rights in the Land Register.

Realtor Services: If you used the services of an agent, you need to pay their commission, usually amounting to 3–5% of the property's value.

Taxation

Property Tax: Estonia does not have a transfer tax on real estate. However, landowners are required to pay an annual land tax, which depends on the cadastral value of the land.

Additional Recommendations

Legal Consultation: Consult a lawyer specializing in real estate to accompany the transaction and protect your interests.

Insurance: Consider insuring the acquired property to protect against potential risks.

If necessary, it is recommended to seek professional advice from real estate specialists to ensure a safe and successful transaction.

Guardianship

Appointment of a Guardian: Guardianship is established by a court in cases where parents cannot fulfill their duties of caring for and raising the child. A guardian can be a person, organization, or local government with their consent.

Rights and Responsibilities of a Guardian: The guardian is the legal representative of the child, responsible for their well-being, protection of rights and interests, and decision-making regarding their life and development.

Guardianship Establishment Process: The procedure begins with contacting the local social department, which collects the necessary documents and submits a petition to the court. The court, upon reviewing the case materials, makes a decision on appointing a guardian.

Adoption

Adoption Principles: The priority is ensuring the best interests of the child. Adoption is allowed if it benefits their well-being and development.

Adoption Procedure: The process includes submitting an application, collecting necessary documents, assessing the living conditions of potential adopters, and court consideration. The adoption decision is made by a court.

International Adoption: Adopting a child from Estonia to a foreign country is only possible in exceptional cases when necessary care and upbringing cannot be provided in Estonia.

Children's Rights

Right to a Family: Every child has the right to know their parents and, if possible, to be raised in their native family. If this is not possible, the state provides alternative care options, such as guardianship or adoption.

Participation in Decision-Making: The child's opinion is considered according to their age and maturity when making decisions affecting their life.

Adoption Confidentiality

In Estonia, adoption confidentiality is in place, aimed at protecting the privacy of the child, biological parents, and adopters, preventing unwanted interference and discrimination.

Features for Foreign Citizens

Residence Permit: Foreign nationals wishing to become guardians or adopters in Estonia must have a valid residence permit. The process of obtaining a residence permit can be parallel to the guardianship or adoption procedure.

Collaboration with Local Authorities: Foreigners are recommended to closely cooperate with local social services and legal consultants to understand all aspects of the process and ensure compliance with Estonian legislation.

Recommendations

Before starting the guardianship or adoption process, it is recommended to consult a lawyer specializing in family law for detailed information and guidance.

For additional information and consultations, you can contact the Estonian Social Insurance Department or visit their official website.