Registered Partnership Act

(1) A registered partnership contract may be entered into between two natural persons of whom at least one has residence in Estonia.

(2) Only adults of active legal capacity may enter into a registered partnership contract.

(3) An adult with restricted active legal capacity may enter into a registered partnership contract only if he or she understands sufficiently the legal consequences of registered partnership contract. If a guardian has been appointed to a person, it is presumed that the person is unable to understand the legal consequences of registered partnership contract unless otherwise provided in the ruling concerning the appointment of a guardian.

(4) A promise of entry into a registered partnership contract does not provide grounds for a claim for entry into a registered partnership contract or for compensation of damage upon failure to keep the promise. Any agreement which derogates from the provisions of the first sentence of this subsection is void.

(1) A registered partnership contract shall not be entered into between persons of whom at least one is married or in a registered partnership at the time of entry into a registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(2) A registered partnership contract shall not be entered into between relatives in the ascending and descending lines.

(3) A person shall not enter into a registered partnership contract with the person's sister, brother, half-sister or half-brother.

(4) The provisions of subsections 2 and 3 of this section apply even if the family relationship between the persons has terminated as a result of adoption of one person.

(5) A registered partnership contract shall not be entered into between persons whose family relationship specified in subsections 2 and 3 of this section is based on adoption.

(1) A registered partnership contract shall be entered into in a notarially authenticated form.

(2) A registered partnership contract shall be entered into with both being present in person at the same time. A declaration of intention to enter into a registered partnership contract shall be unconditional.

(3) A notary shall examine the prerequisites for and obstacles to entry into a registered partnership contract. A notary shall not perform the act if there is reason to presume that grounds for annulment or nullity of the registered partnership contract exist.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(4) A notary shall provide the details of a registered partnership contract to the population register in accordance with the rules provided in this Act and in the Population Register Act and make entries about the proprietary rights of registered partners in the marital property register in accordance with the rules provided in this Act and in the Marital Property Register Act.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

A notary shall provide the following details about entering into a registered partnership contract to the population register

1) the personal name and personal identification code of both registered partners;

2) the new surname chosen upon entering into the registered partnership contract;

3) the date and place of entering into the registered partnership contract;

4) the number of the notarial act;

5) the name of the notary who has authenticated the registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

(1) A registered partnership contract shall be annulled if

1) a requirement for residence, age of majority or active legal capacity has been violated upon entry into the registered partnership contract;

2) any circumstances precluding entry into a registered partnership contract provided for in subsections 1–5 of § 2 of this Act exist;

3) the procedure prescribed in subsection 2 of § 3 of this Act has been violated upon entry into the registered partnership contract;

4) at the time of entry into the registered partnership contract, at least one person wishing to enter into a registered partnership contract had a temporary mental disorder or was incapable to exercise his or her will for any other reason;

5) the registered partnership contract was entered into by fraud, threat or violence, including by concealing the state of health or other personal details of a party, where such details are relevant to entry into the registered partnership contract.

(2) Annulment of registered partnership contract cannot be claimed if a party has concealed his or her financial status.

A registered partnership contract shall not be annulled if

1) the requirement for residence has been violated, but the residence of at least one registered partner is in Estonia by the time of annulment of the registered partnership contract;

2) the requirement for age of majority has been violated, but the registered partner approves the registered partnership contract upon becoming an adult;

3) the requirement for active legal capacity has been violated, but the adult registered partner whose active legal capacity was restricted at the time of entry into the registered partnership contract approves the registered partnership contract after restoration of his or her active legal capacity;

4) the registered partner who has entered into the registered partnership contract in a state where he or she was incapable to exercise his or her will approves the registered partnership contract after restoration of his or her capability.

(1) An action for annulment of a registered partnership contract may be filed

1) on the basis of clauses 1–5 of subsection 1 of § 4 of this Act by each of the registered partners;

2) in the case of a violation of clause 1 of subsection 1 of § 4 of this Act, in addition to the persons specified in clause 1 of this subsection, by the minister in charge of the policy sector;

3) in the case of a violation of subsection 1 of § 2 of this Act, in addition to the persons specified in clause 1 of this subsection, by any other person whose rights have been violated by the entry into the registered partnership contract;

4) by a registered partner who has entered into the registered partnership contract under the influence of fraud, threat or violence.

(2) An adult registered partner with restricted active legal capacity may file an action with the consent of the guardian. The guardian may file an action on behalf of a registered partner with restricted active legal capacity.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(1) Expiry of actions for annulment of registered partnership contract shall not be applied.

(2) If a registered partnership contract is entered into in a state where a person is incapable to exercise his or her will, an action for annulment of the registered partnership contract may be filed within one year as of restoration of the capability to exercise his or her will.

(3) If a registered partnership contract is entered into under the influence of fraud, threat or violence, an action for annulment of the registered partnership contract may be filed within one year as of discovery of the mistake or fraud or termination of the influence of threat or violation.

(4) For the legal representative of a registered partner with restricted active legal capacity the limitation period for filing an action commences not earlier than on the date on which circumstances enabling annulment of the registered partnership contract become known to him or her. If the legal representative of a registered partner with restricted active legal capacity fails to file an action in due time, the party may file an action himself or herself within six months as of restoration of his or her active legal capacity.

(5) An action cannot be filed if a registered partnership contract has been terminated unless at least one of the parties was married at the time of entry into the registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(1) If a court judgment concerning annulment of a registered partnership contract has entered into force, the registered partnership contract is void from inception.

(2) In the case of nullity of a registered partnership contract, all transactions related to the registered partnership contract which a registered partner had not presumably made if the registered partnership contract had not been entered into are also void. Unless otherwise provided by the relations between the parties, the provisions concerning civil law partnerships apply to their proprietary relations.

(3) If a registered partnership contract is annulled because one of the registered partners concealed from the other registered partner that he or she was already married or had entered into a registered partnership contract, or influenced the registered partner to enter into the registered partnership contract by fraud, threat or violence, a court may order support for the person who was in a void registered partnership with him or her and apply the provisions of the Family Law Act concerning the provision of maintenance to a divorced spouse.

(1) By entry into a registered partnership contract the parties who have entered into a registered partnership contract (hereinafter registered partners) are required to support and maintain each other. Registered partners have equal rights and duties with respect to each other. They organise together their cohabitation considering the well-being of each other and they shall each accept responsibilities relating to cohabitation with regard to the other.

(2) A registered partnership registered in a foreign state is deemed to be valid in Estonia in accordance with the provisions of the Private International Law Act.

[Repealed – RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(1) Registered partners have reciprocal obligations to maintain their family by their work and assets.

(2) Maintenance includes the activities and proprietary contributions necessary according to the living conditions of the family for covering the expenses of shared household and for the satisfaction of the common and special needs of the family.

(3) Upon entry into a registered partnership contract, the registered partners may also agree that maintenance shall be provided by regularly paid amounts of money on the bases provided for in subsection 2 of this section even after termination of the registered partnership contract.

(4) Registered partners may agree in the registered partnership contract on the manner of providing and the amount of maintenance provided by regularly paid amounts of money when they live separately or after termination of the registered partnership contract.

(5) Registered partners may agree in the registered partnership contract that the provisions of Subchapter 2 of Chapter 5 of the Family Law Act concerning the provision of maintenance to the divorced spouse apply to the maintenance obligation after termination of cohabitation.

(1) A registered partner shall provide maintenance to the registered partner who needs assistance before his or her relatives. If the registered partner is, considering his or her other obligations and financial situation, unable to provide maintenance to the registered partner without damage to his or her own usual maintenance, maintenance shall be provided by the persons who are obliged to do it next.

(2) Subsection 1 of this section also applies to the maintenance obligations of the registered partners on which they have agreed on in accordance with § 9 of this Act.

(3) The provisions of subsection 2 of § 106 of the Family Law Act apply to the transfer of the right of claim.

(1) A solidary obligation of the registered partners arises from a transaction made by one registered partner in the interests of organisation of cohabitation or in order to satisfy other common needs of the family if the amount of the transaction does not exceed the reasonable rate according to the living conditions of the registered partners.

(2) The registered partners are solidary obligees with respect to the obligated party of the transaction specified in subsection 1 of this section.

(3) The registered partners shall not, by agreement with each other, derogate, to the detriment of the obligee, from the provisions of subsection 1 of this section.

A registered partner shall be liable for the performance of the obligation assumed by the other registered partner in so far as the registered partner may represent the other registered partner or obligate the other registered partner by his or her acts.

Upon the performance of the obligations arising from a registered partnership contract the registered partners shall exercise such care with respect to each other as they would exercise in their own affairs.

A dwelling where the members of a family reside regularly is deemed to be the housing of the family.

(1) A registered partner who is not a parent of the other registered partner's child has the right of access to the other registered partner's child on the basis of subsection 4 of § 143 of the Family Law Act.

(2) During the period of validity of a registered partnership contract, a registered partner may only adopt the other registered partner's child pursuant to the procedure provided for in Chapter 11 of Part 2 of the Family Law Act.

(3) A registered partner may adopt a child if

1) the other registered partner is a biological parent of the child; or

2) the other registered partner was a parent of the child before entry into the registered partnership contract.

(4) A registered partner may, during the period of validity of the registered partnership contract, adopt a child of a third person or a child whose parent was not the other registered partner before entry into the registered partnership contract if the restrictions provided for in subsections 2 and 3 of this section would be extremely unfair to the registered partners.

(1) Upon entry into a registered partnership contract the registered partners shall, by agreement, select a proprietary relationship from among the types of proprietary relations provided in Subchapter 2 of Chapter 4 of Part 1 of the Family Law Act pursuant to the procedure prescribed in the Vital Statistics Registration Act. The provisions concerning the types of proprietary relations apply without taking account of any references to the general legal consequences of marriage provided for in Chapter 3 of Part 1 of the Family Law Act.

(2) The registered partners may, by agreement, derogate from the proprietary relationship by the registered partnership contract taking account of the provisions of Subchapter 3 of Chapter 4 of the Family Law Act concerning marital property contract.

(3) [Repealed – RT I, 06.07.2023, 6 – entry into force 01.01.2024]

A registered partnership contract terminates upon death of a registered partner, contraction of marriage between the registered partners or termination of the registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

Registered partners may contract marriage between themselves. In such case, a marriage entry shall be made in the population register in accordance with the rules provided in the Vital Statistics Registration Act and an entry shall be made in the marital property register in accordance with the rules provided in the Marital Property Register Act.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(1) A registered partnership contract shall be terminated on the basis of notarially authenticated declarations of intention of the registered partners. A declaration of intention shall be unconditional. If declarations are not made simultaneously, the registered partnership shall be terminated on the basis of the declaration that has been made last.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

(2) Upon termination of a registered partnership contract, the notary shall provide the details to the population register in accordance with the rules provided in this Act and in the Population Register Act and make an entry in the marital property register in accordance with the rules provided in the Marital Property Register Act.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

(3) Upon termination of a registered partnership contract by agreement of the registered partners, the notary shall provide the following details to the population register

1) the personal name and personal identification code of both registered partners;

2) the surname restored upon termination of the registered partnership contract on the basis of the Names Act;

3) the date and place of terminating the registered partnership contract;

4) the number of the notarial act terminating the registered partnership contract;

5) the name of the notary who has authenticated the termination of the registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

A court terminates a registered partnership contract on the basis of an action filed by one registered partner against the other registered partner if the registered partners disagree about the termination of the registered partnership contract or the circumstances relating thereto.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

The time of termination of a registered partnership contract is

1) upon the death of a registered partner, the moment of his or her death;

2) upon contraction of marriage between the registered partners, the moment of contraction of marriage;

3) upon termination of a registered partnership contract in court, the date of entry into force of the court judgment;

4) upon termination of a registered partnership contract at a notary, the time of termination of the registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

Termination of a registered partnership contract shall also terminate any transactions related to the registered partnership contract which a registered partner had not presumably made if the registered partnership contract had not been entered into, except in the case provided in § 24 of this Act.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

Upon termination of a registered partnership contract, the provisions of §§ 68–70 of the Family Law Act apply to the housing and property connected with housing of family.

A registered partner who is not a parent of the other registered partner's child has the right of access to the other registered partner's child after termination of the registered partnership contract on the basis of subsection 4 of § 143 of the Family Law Act.

(1) The provisions of the Family Law Act concerning the relationship between the spouses apply to the relationship between the registered partners as of the contraction of marriage.

(2) If registered partners have a valid registered partnership contract entered into in Estonia and they contract marriage between themselves, the contraction of marriage does not constitute grounds for termination of the proprietary relationship. Upon contraction of marriage, the proprietary relationship under the registered partnership contract remains in force and the proprietary relationship is deemed to have commenced at the time of entry into the registered partnership contract.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(2¹) Upon contraction of marriage, any proprietary agreements between the registered partners within the meaning of subsection 2 of § 16 of this Act remain in force. As of contraction of marriage, these are treated as a marital property contract. Upon contraction of marriage, other agreements made in the registered partnership contract of the registered partners and any transactions related thereto also remain in force.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(3) [Repealed – RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(4) [Repealed – RT I, 06.07.2023, 6 – entry into force 01.01.2024]

(5) [Repealed – RT I, 06.07.2023, 6 – entry into force 01.01.2024]

If a registered partner who has been declared dead returns, a registered partnership contract shall be deemed to be restored if neither registered partner has entered into another registered partnership contract or married in the meantime. A registered partnership contract shall be deemed to be restored after the entry into force of the court judgment recalling the declaration of death.

This Act enters into force on 1 January 2016 together with implementing legislation.

(1) A notary who has authenticated a registered partnership contract shall, no later than on 1 January 2024, make an entry in the marital property register and provide details to the population register concerning a registered partnership contract entered into before 1 January 2024 in respect of which details have not been provided to the population register or an entry has not been made in the marital property register. A notary shall also make an entry and provide details if the registered partners have declared a different intention. A notary shall also, no later than on 1 January 2024, provide details to the population register about registered partnership contracts terminated before 1 January 2024.

(2) A notary shall make entries about the proprietary rights of registered partners in the marital property register in accordance with the rules provided in this Act and in the Marital Property Register Act and provide the details specified in § 31 of this Act about the registered partnership contract, except for the details of the new surname chosen upon entry into the registered partnership contract, to the population register.

(3) The proprietary relationship chosen by the registered partners before 1 January 2024 and their proprietary agreement within the meaning of subsection 2 of § 16 of this Act shall have legal effect with regard to a third person only if it was apparent from the marital property register at the time of making the transaction or the third person was aware of its existence.

[RT I, 06.07.2023, 6 – entry into force 01.10.2023]

The court shall provide the details of registered partnership contracts terminated or annulled in court before 1 January 2024 to the population register no later than on 1 January 2024.

[RT I, 06.07.2023, 6 – entry into force 01.01.2024]