Estonia

Sources of Law

Jurisdiction

Brussels II applies.

Domicile and Habitual Residence

Conflict of Law/Applicable Law to be Applied

Common residence.

Common nationality.

Last common residence if one spouse still resides there.

Closest connection.

Pre-Nuptial Agreements

Valid subject to limitations (it cannot limit right to maintenance).

Divorce

Ground 1 Mutual consent, Ground 2 irretrievable breakdown of marriage

Finances/Capital/Property

Community of property regime.

Pre-marital assets and inherited wealth are excluded

Finances/Maintenance

A divorced spouse is entitled to claim maintenance from his or her former spouse:

if the spouse in need of assistance is incapacitated for work and he/attained pensionable age during the marriage;

during pregnancy and child-care until the child attains three years of age if the child was conceived during the marriage;

if the spouse in need of assistance attained pensionable age or became disabled within three years after the divorce, in case the marriage lasted for at least 25 years.

A further condition for all claims of maintenance from a former spouse is that the financial situation of the obligated divorced spouse allows for provision of maintenance.

Child Maintenance

Upon request of one of the spouses, the court shall resolve disputes relating to the child or maintenance together with the divorce.

The maintenance claim may be brought against a parent irrespective of the divorce, in case the parent fails to perform his or her duty to provide maintenance to his or her child.

Cohabitants

Civil Partnership/Gay Marriage