Formalizing a marriage
In Estonia, marriage is contracted between an adult man and woman. 15–17-year-old minors may enter into contract of marriage if a court has extended their active legal capacity for contracting marriage and granted permission for contracting marriage. Adults with restricted active legal capacity may enter into contract of marriage if they understand the legal consequences of marriage. This shall be written in a regulation with which a guardian has been appointed to them.
Entering into contract of marriage is not allowed if one of the persons is already married; if the persons are of the same sex; direct blood relatives in descending or ascending line; siblings and half siblings, adoptive parents and adopted children and children adopted by one person. A church, minister of religion of a congregation or association of congregations may refuse contracting a marriage if a prospective spouse does not correspond to the religious requirements for contracting marriage that are valid in that church, congregation or association of congregations.
Submitting the documents
If the marriage is contracted in Estonia, it is carried out pursuant to the Estonian law, irrespective of the citizenship and state of residence of the prospective spouse. In order to enter into contract of marriage, the man and woman shall submit a joint written application at the vital statistics office or by a notary or minister of religion who is authorised to contract a marriage.
State fee 30 Euros shall be paid for entering into contract of marriage at the vital statistics office and by a minister of religion. Entering into contract of marriage by a notary is exempt from state fees; however, notary fee, plus value added tax shall be paid.
In order to enter into contract of marriage, prospective spouses shall submit the following documents to the notary or in local government of the county centers (in Tallinn, the vital statistics department):
- a written joint application (pdf 129 KB, in Estonian):
- identity documents
- birth documents if the birth data of a prospective spouse is not in the population register
- for persons who have been married before, certificate or documentation of the divorce, court judgement of the divorce, death certificate (or documentation) of the spouse or court judgement of marriage annulment
- if necessary, court ruling regarding the extension of active legal capacity of a prospective spouse who is a minor
- if necessary, a document verifying the removal of another obstacle to enter into contract of marriage
- if necessary, a certificate of legal capacity to contract marriage if the place of residence of a prospective spouse is abroad or they have lived in Estonia for less than six months
- document verifying the legality of stay in Estonia of a foreigner
- document verifying the payment of state fee.
Certificate of legal capacity to contract marriage
If a person who has lived in Estonia for less than six months or whose place of residence is abroad wants to contract a marriage in Estonia, the person must submit a certificate of legal capacity to contract marriage issued by a competent authority of that person’s country of nationality or of residence to an Estonian vital statistics office. The certificate must be valid at the moment of contracting a marriage.
If a foreign national is unable to submit a certificate of legal capacity to contract marriage with good reason (e.g. the particular foreign state does not issue such documents), the foreign national may turn to a court in Estonia and apply for a permission to contract a marriage without the certificate of legal capacity to contract marriage. The permit is valid for six months.
If Estonian citizens or residents want to enter into a marriage in a foreign state, the requirements for entering into a marriage of the state (i.e. the documents that are required there) where they want to get married must be met. A certificate of legal capacity to contract marriage may be requested there, too. The local government of the county center, the Tallinn vital statistics department, or the Estonian consular officer in the area where the marriage is contracted issue these certificates in Estonia on the basis of an application for issuing a certificate of legal capacity to contract marriage (PDF, 32.7 kB, in Estonian). Certificates of legal capacity to contract marriage are valid for six months from their issuance.
Documents certifying your marriage in a foreign state must be submitted to a vital statistics office in Estonia within a month after getting married so that the Population Register could be updated accordingly.
Documents submitted to the vital statistics offices shall be in Estonian, Russian, or English. In other cases, the documents must be translated, and the translation shall be done by a sworn translator, or notarially certified. A foreign document, which is the basis for an entry on marriage, shall be legalised or authenticated by a certificate (apostille), unless otherwise prescribed by an international agreement.
Entering into a contract of marriage
Generally, a marriage shall not be contracted earlier than one month and later than six months from the date on which the prospective spouses submitted an application for marriage to a vital statistics office. A vital statistics office may with good reason shorten the term. The marriage is considered contracted immediately after the prospective spouses say “I do”.
Data on marriages is entered in the Population Register. A marriage certificate shall be issued (for free), if the prospective spouses so desire.
If you need to present a vital statistics certificate (a birth certificate, a marriage certificate, a divorce certificate, a birth certificate of own child, a death certificate of own child or spouse) on the basis of a vital statistics act, but you have lost it or it has become unavailable, then you can order a duplicate certificate via population registers e-services. A state fee of 10 Euros (paper certificate) or 5 Euros (electronic certificate) should be paid for issuing a duplicate certificate. More information and reference numbers for the local governments of the county center can you find on homepage of Ministry of the Interior and also at the e-service. If you would like to have a certificate in a foreign language, contact your local government of the county center (for excample Vital Statistics Department in Tallinn) for further information.
Upon entering into contract of marriage, a person may choose a new surname or keep the current surname. Upon entering into contract of marriage, only one of the prospective spouses receives a new name. The new surname may:
- be a surname which was last borne by one of the spouses before marriage
- consist of a surname that was last borne before the marriage, followed by hyphenated surname of their spouse.
When submitting the application to enter into contract of marriage, the prospective spouses shall choose, whether their proprietary relationship shall be subject to the jointness of property, the set-off of assets increment or separateness of property regulation. If the prospective spouses do not express their choice, the jointness of property regulation shall be considered their choice.
If the prospective spouses choose the set-off of assets increment or separateness of property as their proprietary relationship, the vital statistics office shall forward the corresponding application along with the application for entry to the marital property register. Then, a register card of marital property is opened and the spouses are notified of this by the marital register.
In the case of any questions concerning marriage, contact the local government of your county center (in Tallinn, the vital statistics department.