Family Law
Family matters affect our closest relationships and are therefore often emotionally difficult. Divorce, rights of custody over children, child maintenance or division of property may feel daunting, especially when you also need to look after children and everyday life. At such times it is helpful to know that you do not have to make decisions or argue alone. Law Firm Namm protects your interests and the interests of your loved ones throughout Estonia.
Family Law covers situations from divorce and division of joint property to rights of custody, contact arrangements and child maintenance. The most sensitive issues usually concern children, where the best interests of the child must come first. A good solution takes account of the child’s welfare, sense of security and each parent’s opportunity to take part in the child’s life.
Many family disputes can be resolved by agreement, without long and draining litigation. A clear agreement on child maintenance, contact arrangements, the child’s place of residence or division of property gives both parties certainty and saves time and emotions. If no agreement can be reached, or if one party does not act fairly, you must protect your rights.
Sometimes the situation is urgent, for example in cases of domestic violence, threats or conduct that endangers the safety of a child. In such situations, it may be possible to seek protection, including a restraining order. If there is immediate danger, contact the police or the emergency response centre.
The attorneys at Law Firm Namm help you reach solutions that protect your interests and those of your children, while taking account of the sensitivity of the situation. We work in Estonian, Russian and English.
How we can help in Family Law
- Divorce
- Division of joint property
- Disputes concerning the shared home and loan obligations
- Drafting marital property contracts
- Child maintenance claims and disputes
- Increasing and reducing child maintenance
- Recovery of child maintenance arrears
- Rights of custody and parental responsibility
- Disputes concerning determination of the child's place of residence
- Agreements and disputes concerning contact arrangements with the child
- Changing contact arrangements and ensuring compliance
- Resolution of disputes concerning children
- Advice on parents' rights and obligations
- Drafting agreements on child maintenance, contact arrangements and property
- Applying for a restraining order
- Legal assistance in domestic violence matters
- Establishment and contestation of paternity
- Advice on adoption
- Cross-border family disputes
Frequently Asked Questions
How does divorce work?
A marriage can be dissolved by agreement at a vital statistics office or before a notary. If one spouse does not agree to the divorce, or if the parties have a dispute over children, property or other important matters, an application must be made to the court. Before divorce, it is worth considering how property will be divided, who will remain living in the shared home and how the children’s place of residence, contact and maintenance will be arranged.
Can divorce be by agreement without going to court?
Yes, if both spouses want a divorce and agree on the matters related to it. Property division, contact with children and child maintenance can also be resolved by agreement. The clearer the agreements are, the lower the risk of later disputes.
How is joint property divided in a divorce?
Property acquired during marriage usually forms part of the spouses’ joint property, unless another property relationship or marital property contract applies between the spouses. Both property and joint obligations, such as loans, must be taken into account in the division. Joint property can be divided by agreement or, in the event of a dispute, in court.
What happens to the shared home and the loan after divorce?
The shared home and the related loan are often the most difficult part of property division. The solution may be, for example, selling the home, one spouse buying out the other’s share or another agreement. If the home is charged with a loan, the bank’s consent and the terms of the loan contract must also be taken into account. Division of property does not automatically change obligations entered into with the bank.
How is child maintenance determined and how much is it?
The purpose of child maintenance is to cover the child’s everyday needs. Both parents must maintain the child according to their means and the child’s needs. When assessing the amount of child maintenance, the child’s expenses, the parents’ income, the time spent with the child and the calculation principles set out in law are taken into account, among other matters. The amount of child maintenance can be agreed or determined by the court.
Can child maintenance be increased or reduced later?
Yes, child maintenance can be changed if circumstances have changed. Grounds for a change may include, for example, an increase in the child’s needs, a significant change in a parent’s income, a change in contact arrangements with the child or another good reason. If the parents cannot reach agreement, a change to child maintenance can be sought in court.
What should I do if the other parent does not pay child maintenance?
If child maintenance has been awarded by a court or agreed before a notary and the other parent does not pay it, the claim can be enforced through a bailiff. If child maintenance has not yet been awarded, a claim for child maintenance can be filed with the court. In certain cases, it may also be possible to apply for a state maintenance allowance.
What is the difference between rights of custody and contact arrangements?
Rights of custody mean a parent’s right and obligation to decide important matters concerning the child’s life, such as education, health and living arrangements. Contact arrangements determine how and when the child communicates with the other parent. These issues are related, but they are not the same.
The other parent does not let me see my child. What can I do?
A parent generally has the right and obligation to communicate with their child. A child should not be used as an instrument in a conflict between parents. If contact is obstructed, you can try to agree on clear contact arrangements or ask the court to determine them. If necessary, you can also apply for enforcement of contact arrangements.
Can contact arrangements be changed if the current arrangements no longer work?
Yes. Contact arrangements can be changed if the child’s needs, the parents’ living arrangements or other circumstances have changed. Reasons for a change may include the child’s age, the location of school or kindergarten, a parent’s move, work schedule or the fact that the current arrangements no longer work. Any change must be based primarily on the best interests of the child.
A person close to me threatens me or my child. How can I protect myself?
Domestic violence and threats are serious. If there is immediate danger, contact the police or the emergency response centre. Legally, it may be possible to apply for a restraining order that prohibits the abuser from approaching you or the child, seeking contact or otherwise endangering safety. It is important to act quickly in such situations.
Does a family dispute always have to go to court?
No. Many family matters are resolved by agreement, which is usually faster, calmer and less burdensome for the child. An agreement can be formalised so that it is clear and enforceable later. If it is not possible to reach agreement or the other party does not comply with it, it may be necessary to go to court.