If you no longer want to continue your relationship with your spouse, you can file for divorce. Although your right to divorce is not a human right, divorce proceedings can affect your human rights, such as the right to a private and family life or the right to a trial within a reasonable time.

Procedure

A vital statistics office may grant divorce upon agreement of the spouses on the basis of a joint written petition if they both reside in Estonia.

A notary may grant divorce upon agreement of the spouses on the basis of a joint written petition of the spouses. A court divorces on the basis of an action of one spouse against the other spouse. A court grants divorce if the spouses disagree about the divorce or the circumstances relating to the divorce. 

Read more about how to file for divorce.

What human rights violation may there be?

Your right to divorce is not a human right and as such is not protected by the right to a private and family life. However, your divorce proceedings may affect other human rights such as the right to a trial within a reasonable time and other aspects of your right to a private and family life, such as your right to re-marry.

example If your divorce proceedings are unreasonably delayed, it may violate your right to a fair trial. If you are planning to re-marry after the divorce, an unreasonable delay in the closure of those proceedings may violate your right to a private and family life.

Read more about your rights in civil court.

Resources

Last updated 24/07/2020