Legal issues Lithuania

Basic conditions for marriage

Age: both partners must be at least 18 years old.

Residence status: at least one of the partners must be a Lithuanian citizen, have a residence permit, or have Lithuanian heritage.

Required documents

- Identification: a valid passport or identification card.

- Birth certificate: recommended to provide, although may not be required in some cases.

- Certificate of no impediment to marriage: foreign citizens need a document from the competent authorities of their country confirming they are not already married.

- Documents of previous marriages: if the foreigner was previously married, a divorce certificate or a death certificate of the previous spouse must be provided.

Important: all foreign documents (except for the passport) must be legalized or have an apostille (except documents from Russia, Moldova, Ukraine, Latvia, and Estonia) and translated into Lithuanian.

Application submission

The application is submitted to the civil registry office at the place of residence of one of the partners or their parents.

Both partners must be present in person when submitting the application.

The marriage is registered no earlier than one month after the application is submitted.

Registration cost

At the civil registry office: 30 euros.

At your chosen location: 70 euros.

Additional requirements

Legal stay: foreign citizens (except EU and European Free Trade Association countries) must provide a document confirming their legal stay in Lithuania (e.g., a visa).

Translator: if one of the partners does not speak Lithuanian, an interpreter with identification must be present at the ceremony.

Church marriage

Church marriage is possible, but for official recognition, you must undergo a civil registration procedure. The registration of a church marriage is conducted according to the canons of the specific church.

Citizenship by marriage:

After marrying a Lithuanian citizen, the foreign spouse may receive a temporary or permanent residence permit. Having lived in Lithuania with the spouse for at least 7 years, they can apply for Lithuanian citizenship.

For the most accurate and up-to-date information, it is recommended to contact the local civil registry offices or Lithuanian consular institutions.

In Lithuania, the registration of a child's birth is mandatory for all newborns, regardless of their citizenship. This process ensures obtaining a personal identification number and access to government services.

Registration deadlines:

The birth of a child must be registered within three months of the date of birth.

Where to apply:

Civil registry office: at the place of the child's birth or the parents' residence.

Online: if you have an electronic signature via the Elektroniniai valdžios vartai portal.

Required documents:

- Parents’ identification documents: passports or residence permits.

- Birth certificate from a medical institution: confirming the fact and time of the child’s birth.

- Parents’ marriage certificate: if the parents are married.

Special cases:

Parents are not married: both parents must be present in person to establish paternity.

Child was born abroad: if at least one of the parents is a Lithuanian citizen, the birth must be registered in the Lithuanian civil registry office. Required documents include:

- Birth certificate issued by a foreign country, legalized or with an apostille and translated into Lithuanian.

- Parents’ identification documents.

- Application for the registration of a child born abroad.

Documents can be submitted in person to the Lithuanian civil registry office, through the Lithuanian diplomatic mission abroad, or online if you have an electronic signature.

Obtaining a birth certificate:

After registration, a birth certificate is issued, confirming the registration of the civil status act.

Citizenship of the Child:

A child, at least one of whose parents is a citizen of Lithuania, acquires Lithuanian citizenship by birth, regardless of the place of birth. In the case of a mixed marriage, the child may have dual citizenship.

Additional Information

After registering the birth and obtaining a personal identification number, parents can apply for social benefits such as a one-time childbirth allowance. For this, it is necessary to declare the child's place of residence in Lithuania and submit an application to the social protection department at the place of residence.

For the most up-to-date information, it is recommended to contact local civil registry offices or Lithuanian diplomatic representations.

Process of Registering a Business:

- Choosing a Name: The company's name must meet the requirements of the Lithuanian language and be unique.

- Preparation of Constituent Documents: The charter and founding agreement must be notarized.

- Opening a Bank Account: It is necessary to open an account in a Lithuanian bank for the deposit of authorized capital.

- Registration in the Register of Legal Entities: After preparing the documents, the company is registered in the State Register of Legal Entities.

- Registration with Tax Authorities and Social Security Fund: After registration, the enterprise must be registered with the tax inspectorate and the social security fund "Sodra".

Recommendation: Consulting local professional lawyers will help you save time, avoid mistakes, and obtain the most current information on registering your business.

Availability of Notarial Services for Foreigners

Foreign citizens can use most notarial services in Lithuania, including:

Certification of transactions and contracts.

Witnessing the authenticity of signatures.

Certification of copies of documents.

Acceptance of wills for safekeeping.

However, some notarial actions, such as real estate transactions, may require additional verification of documents confirming the foreigner's legal stay in the country.

Document Requirements

Identity Confirmation: Foreign citizens must provide a valid passport or residence permit.

Document Legalization: Official documents issued outside of Lithuania must be legalized or bear an "Apostille" stamp in the country of issuance. In Lithuania, the "Apostille" stamp is provided by notaries.

Document Translation: All documents in foreign languages must be translated into Lithuanian. The translation must be notarized.

Procedure for Obtaining Notarial Services

Appointment Booking: It is recommended to schedule an appointment with a notary in advance. A list of notarial offices is available on the website of the Lithuanian Chamber of Notaries.

Providing Documents: When visiting a notary, it is necessary to provide the original documents, their translations, and proof of legalization (if applicable).

Payment for Services: The cost of notarial services depends on the specific action and is established by Lithuanian legislation.

Features for Foreign Citizens

Remote Notarial Services: Recently, it has become possible in Lithuania to perform notarial actions remotely, which is especially convenient for foreign citizens outside the country. However, this requires an electronic identification recognized in Lithuania.

Consular Services: Some notarial actions can be performed at Lithuanian consular institutions abroad, but they are usually limited to Lithuanian citizens. Foreign citizens are recommended to contact Lithuanian notaries directly.

For the most accurate and up-to-date information, it is recommended to contact directly the notarial offices of Lithuania or the consular institutions of the Republic of Lithuania.

In Lithuania, the procedure for dissolving a marriage is regulated by the Civil Code and can be carried out in several ways depending on the circumstances.

Methods of Dissolving Marriage

By mutual consent of the spouses:

Conditions: The marriage has lasted for more than one year; the spouses have an agreement on the consequences of the divorce (division of property, alimony, child custody); both spouses are competent.

Procedure: The spouses submit a joint application to the district court at the place of residence of one of them. The court considers the case in a summary procedure.

At the initiative of one of the spouses:

Conditions: The spouses have been living separately for more than one year; one of the spouses has been declared incompetent, missing, or sentenced to more than one year for involuntary crime.

Procedure: The application is submitted to the district court at the defendant's place of residence.

Due to the fault of one or both spouses:

Grounds: Significant violation of marital duties, making cohabitation impossible (for example, infidelity, violence, abandonment of family).

Procedure: The aggrieved spouse files a lawsuit in court, providing evidence of the other spouse's fault.

Divorce Procedure

Filing an application: Depending on the chosen method of divorce, the application is submitted to the appropriate district court.

Mediation: Since 2020, mandatory mediation for family disputes has been introduced in Lithuania before going to court.

Court proceedings: The court reviews the submitted documents and, if necessary, hears the parties.

Finalization of the decision: The divorce decision becomes effective 30 days after it is rendered.

Consequences of Divorce

Surname: Each spouse may retain the common surname or revert to their maiden name. If the divorce is due to the fault of one of the spouses, the court may prohibit them from keeping the common surname, except when the spouses have common children.

Division of property: Conducted in accordance with the marriage contract or, in its absence, by court decision based on legislation.

Children: The court determines the residence of minor children, the order of custody, and the amount of alimony.

Features for Foreign Citizens

Recognition of decisions: Divorce decisions of Lithuanian courts are recognized in all European Union countries.

Registration of divorce performed abroad: Lithuanian citizens who have divorced outside the EU must apply to the Lithuanian Civil Registry Office for divorce registration. Recognition of the foreign court decision in Lithuania is required for this.

Documents necessary for divorce:

- Application for divorce.

- Marriage certificate.

- Identity documents of the spouses.

- Agreement on the consequences of divorce (in case of mutual consent).

- Documents confirming grounds for divorce (in case of divorce due to fault).

For up-to-date information, it is recommended to consult a lawyer or local authorities.

In Lithuania, foreign citizens have access to legal assistance, which is divided into primary and secondary assistance.

Primary Legal Assistance

Provided by municipal authorities and includes: legal consultations; assistance in preparing documents, except procedural ones; information on dispute resolution out of court.

Where to get it:

Vilnius City Municipality: Konstitucijos pr. 3.

Vilnius District Municipality: Rinktinės St. 50.

Note: Primary assistance is provided regardless of the applicant's income.

Secondary Legal Assistance

Includes preparation of procedural documents and representation in court. Provided to individuals with low income or in special cases.

How to get it:

Contact the Service of Guaranteed State Legal Aid.

Provide documents confirming income and property.

Contacts: Service of Guaranteed State Legal Aid: www.teisinepagalba.lt

Alternative sources of legal assistance

Vilnius University Legal Clinic:

Provides free consultations in Lithuanian, English, and Russian.

Address: Vilniaus St. 25, Vilnius.

Registration: www.teisesklinika.lt/registration or by phone +370 670 25 165.

Lawyers providing pro bono services: A list is available on the website of the Lithuanian Bar Association.

Important: For the latest information, it is recommended to contact the indicated institutions directly or visit their official websites.

In Lithuania, the processing of official document translations requires compliance with certain procedures to ensure their legal validity.

Document Legalization

Apostille: Documents issued in countries that are parties to the 1961 Hague Convention must be certified with an "Apostille" stamp by the relevant authorities of the issuing country. 

Exemption from Apostille: Documents from Latvia, Estonia, Ukraine, Moldova, and Russia do not require apostillation for use in Lithuania; a translation into Lithuanian is sufficient. If the document is in the form of a standard EU multilingual form, a separate translation is not required.

Document Translation

Translation Language: All official documents must be translated into Lithuanian.

Who can perform translation: The translation must be performed by a qualified translator authorized to notarize their translations. Lithuania lacks a sworn translator institution, so notaries certify the translator's signature, confirming their qualification.

Notarial Certification of Translation

Procedure: After completing the translation, the translator approaches a notary, who certifies their signature, confirming the translator's qualification and the accuracy of the translation.

Document Requirements: Documents must be in good condition and readable. If a document consists of several sheets, they should be sewn together. Each document is certified separately (for example, a diploma and its appendix are considered two separate documents).

Use of Documents in Lithuania

After completing all of the above procedures, documents acquire legal force in Lithuania and can be used in official institutions.

Recommendations

Checking Requirements: Before starting the translation and legalization process, it is recommended to clarify the specific requirements of Lithuanian institutions where the documents will be submitted, as they may have specific conditions.

Consulting Professionals: To ensure the correctness of all procedures, it is recommended to consult professional translators and notaries familiar with international document processing requirements.

The judicial system of Lithuania includes courts of general and special jurisdiction, as well as the Constitutional Court.

Courts of General Jurisdiction

- Local Courts: handle civil and criminal cases of minor complexity. 

- Regional Courts: act as appellate instances for local courts and as first-instance courts for more complex cases. 

- Court of Appeals of Lithuania: considers appeals on decisions of regional courts. 

- Supreme Court of Lithuania: the highest instance, ensuring uniformity of judicial practice and reviewing decisions of lower courts in cassation proceedings.

Courts of Special Jurisdiction

- Administrative Courts: handle disputes between individuals/legal entities and government authorities.

- Regional Administrative Courts: first instance for administrative cases. 

- Supreme Administrative Court of Lithuania: appellate instance for regional administrative courts.

Constitutional Court of Lithuania

A separate body that checks the conformity of laws and other legal acts with the Constitution. Consists of 9 judges appointed for a nine-year term.

Principles of the Judicial System

Independence of Judges: judges are appointed for life after passing a probationary period, which guarantees their independence.

Publicity of Judicial Processes: court hearings are open to the public, except for cases provided by law. 

Right to Appeal: parties have the right to appeal decisions in higher instances.

Administration of Courts

General Assembly of Judges: the highest judicial self-governance body, including all judges of Lithuania.

Council of Judges: an executive body consisting of 23 members, ensuring the independence of courts and judges.

The judicial system of Lithuania strives to ensure justice, transparency, and efficiency in case consideration, which contributes to strengthening public trust in justice.

Stages of Real Estate Purchase

Searching for a Property:

It is recommended to start by selecting a suitable property through real estate agencies or online platforms.

After selecting a property, one should obtain a certificate from the Property Registration Center confirming the seller's ownership rights.

Preliminary Contract:

A preliminary sales contract is concluded, which stipulates the conditions of the transaction.

A deposit is usually made in the amount of 10% of the property's value.

Main Contract:

The main sales contract is formalized by a notary.

The notary checks the documents, certifies the transaction, and registers it in the Real Estate Register.

Costs associated with the purchase

Notary services: about 0.5% of the transaction value.

Registration fee: from 0.03% to 0.5% of the property value.

Real estate agency services: 1.5–3% of the property value plus VAT (21%).

Taxes upon purchase:

Value-added tax: a 21% rate is applied when purchasing a new building.

Real estate tax: the annual tax is 0.5%, 1%, or 2% of the average market value of the property, depending on its value.

Visa and migration aspects

Acquiring real estate in Lithuania does not automatically grant the right to obtain a residence permit. However, property owners may be eligible for a multiple-entry visa.

Recommendations:

Legal review: It is recommended to conduct a legal review of the property and the seller's documents before purchasing.

Professional assistance: Consulting with experienced lawyers and realtors can help avoid possible risks and ensure the transparency of the transaction.

In Lithuania, issues of guardianship and adoption are regulated by the Civil Code and a number of special laws aimed at protecting the rights and interests of children.

Guardianship and Custodianship

Guardianship is established for children under 14 years old who have been left without parental care, and custodianship for children aged 14 to 18. The goal is to ensure the upbringing, protection of rights, and interests of the child.

Appointment of a guardian (custodian): The decision is made by the court based on the interests of the child. Often, close relatives become guardians. Guardians are legal representatives of their wards and have the right to sign documents on their behalf.

Rights and responsibilities of the guardian: The guardian is obliged to care for the health, upbringing, and education of the child, protect his/her property and non-property rights. The guardian has the right to receive pensions and other benefits on behalf of the ward.

Adoption

Adoption establishes permanent family relations between the adopter and the child, similar to biological ones.

Adoption Procedure

Submission of the application: Those wishing to adopt a child submit an application to the municipal administration or the territorial branch of the State Child Rights Protection and Adoption Service.

Evaluation of candidates: Specialists conduct a preliminary evaluation within 20 working days, checking the readiness and ability of candidates to be adopters.

Validity period of the conclusion: The conclusion on the readiness to adopt a child is valid for 24 months.

Features for foreign citizens: Foreign citizens residing in Lithuania can adopt children on par with Lithuanian citizens. In 2018, the procedure was simplified: the registration period for families wishing to adopt a child was reduced from 20 to 3 days.

Recommendations

Consultation with a lawyer: Before starting the guardianship or adoption process, it is recommended to consult a specialist to receive current information and assistance in document preparation.

Contacting state authorities: For detailed information and to start the process, contact the State Child Rights Protection and Adoption Service or local municipal authorities.