Here you will find practical advice on various family law matters. These are general guidelines and do not constitute legal assistance.

Divorce

I am a citizen of the Republic of Estonia married to a foreign resident. Can I get a divorce in Estonia?

LMP Law Firm has a wealth of experience in divorcing cross-border marriages. One of the many complicated aspects of family matters is that the court usually wants both parties to appear in court. In most cases, divorce is possible in Estonia, but it is certainly reasonable to use the help of LMP Law Firm.

Division of joint property

I want a divorce. How can I do this and keep as much of the joint property as possible?

Proof is an important keyword here. A person who wishes to keep as much of the joint property as possible must be able to prove that they have contributed more to the acquisition or improvement of the joint property. However, it is possible to rely on other arguments, such as allowing children to live in their childhood home with a parent. Before discussing plans for divorce and the division of joint property with your spouse, it is certainly wise to consult the attorneys at LMP Law Firm to agree on how to proceed and collect as much evidence as possible.

Support

The parent raising a child asks the other parent for an unreasonably large amount of support. What should they do?

Support is ordered by the court and it is therefore very important to seek assistance from the attorneys at LMP Law Firm as soon as possible after receiving the support claim. This way, you can be best positioned from the start of the dispute and avoid a situation where the other parent has a professional representative in court and you do not. The amount of support depends largely on the financial situation of each parent. As a general rule, the minimum amount of support is 50% of the minimum wage per child, but in some cases it can be reduced.

How can the amount of support ordered by a court be increased?

According to the case law of the Supreme Court, it is always possible to ask the court to increase the support after the minimum wage has increased. The Supreme Court has stated that in such a case, the parent does not have to prove the extent of the child’s needs. However, if a parent requests more than the minimum amount of child support, the parent must also be able to prove the amount of their child-related costs. In both cases, an action must be filed with the court. The attorneys at LMP Law Firm will help you prepare the action.

Who has to pay child support after the child has moved?

If a parent has been ordered to pay support by a court, but the child then moves in with the same parent, an action must be file with the court to change the obligation to pay support. This is a relatively complex situation in legal terms, but the bottom line is that, first, an action has to be filed to reduce the previously awarded support to 0, and then a second action is filed to order support from the parent with whom the child no longer lives. When filing such an action, it is certainly advisable to seek assistance from the attorneys at LMP Law Firm.

Is it possible for parents to agree that one of them will not pay child support?

Formally, this would be a void agreement. However, to reach an equivalent result, parents can agree that one of them takes over the other’s obligation to pay support, apply contractual penalties, etc. If you wish to enter into an agreement to waive support, we strongly recommend that you use the help of attorneys at LMP Law Firm to reach a solution that suits you.

Can support be claimed retroactively?

Support can be claimed retroactively for up to one year. Support cannot be claimed retroactively for a longer period of time. If support is paid on the basis of a mutual agreement, it is recommended to always pay support by bank transfer. Otherwise, it will be difficult to prove that support has been paid and the court may order you to pay it again later. In the event of such a dispute, it is advisable to consult the attorneys at LMP Law Firm to discuss the various ways of proving the payment of support.

Children

I broke up with my spouse/partner and I am no longer allowed to meet my child. Don’t I have any rights?

It is always best for parents to amicably agree (out of court) on the arrangements for meeting with the child. However, if a conflict has arisen, it is better for both parties to have the help of an attorney who can explain to parents their rights and obligations under the law. An attorney is also a person who helps to rationally and objectively assess the situation, which makes it more likely that a compromise will be reached. Parents’ mutual attempts to make agreements can fail, usually due to excessive emotionality and insults.

If no agreement is reached, the attorney can submit a request to the court to determine the procedure for meeting the child. Before the court makes a judgment, it is possible to apply for an initial court order on the procedure for meeting the child, which both parents must comply with. In conclusion, there are several ways to achieve meetings with your child, and an attorney at LMP Law Firm as your representative will help you choose the best way based on your particular situation.

Is it possible to deprive a parent from parental custody if they show no interest in the child?

Parental custody can only be limited by a court. If a parent shows no interest in their child and does not fulfil their duties under family law (the duty and right to take care of the child and the child’s property and to decide on matters pertaining to the child), it is possible to apply to the court to have joint custody terminated by transferring the child’s custody to the other parent, either in full or in part. The court decides on the matter based on the interests of the child.

The parent with whom the child lives took the child abroad without my permission. Did they have the right to do so?

As a rule, a parent may never take their child abroad without the consent of the other parent. This can be treated as child abduction. Therefore, a parent wishing to take their child abroad or a parent whose child has been taken abroad should contact the attorneys at LMP Law Firm as soon as possible to make sure that their activities are lawful and that their rights are protected.

We advise clients on family law matters both out of court and in court. We deal with a range of family law issues. Find out more about our family law service .