Divorce in Lithuania

If you live in the UK and would like to end your marriage but you don’t have time to travel to Lithuania for legal divorce proceedings – we can help you by providing a remote divorce service.

Being represented by our lawyers in Lithuania, means you will not have to leave the country – we will go through all the steps for you in the shortest time possible.

How long do divorce proceedings take?

Usually 2–6 months

How much does it cost?

£ 500 (w/o VAT), payment in installments is available.

What is included in the price?

The ordering of the key documents needed from state institutions, in order to prepare the divorce papers:

The arranging of paperwork for court proceedings.
The submission of documents to the court.
The monitoring of the full process when the documents are in court, and the preparation of additional documents during the court process, if needed.

The issuance of divorce certificates is includedin the price.

What documents are needed for the divorce?

If the divorce takes place by mutual consent, both spouses agree on the amount of alimony, the marriage is registered in Lithuania, and there are no credit obligations (credit obligations are collected by bailiffs, various fines, etc.), the following documents are required:

The original marriage certificate.
Scanned colour copies of identification documents of both spouses.
Scanned colour copies of birth certificates of the minors.

If you have credit obligations, it would cost extra to negotiate a divorce settlement.

If both of you have your permanent place of residence outside of Lithuania and have no property there, there is a small risk that the case might be declared extrajudicial in the Republic of Lithuania (but this has not yet happened in our experience).

Is it necessary to come to our office or be present at the court proceedings?

There is no necessity in that. We complete the entire process remotely.

Several ways of getting a divorce

Divorce by mutual consent

The cheapest and simplest way of divorce is the dissolution of marriage by mutual agreement of the spouses. This is possible when both spouses want to end the marriage and agree amicably on how they will divide the property and in what order they will take care of their children.

If you choose this divorce method, we will prepare a petition to the court for divorce and prepare an agreement stating the consequences of the divorce. The spouses will then only have to sign the documents and wait for the court’s decision from Lithuania.

If you agree to this way of divorcing, you will need to submit:

The original marriage certificate;
Copies of the children’s birth certificates.

If you do not have these documents or if they are lost, we can obtain duplicates for an additional fee.

When the divorce occurs due to the fault of the spouse

This method of divorce is more complex and takes longer. Such cases are dealt with by the law of the dispute, therefore a lawsuit rather than a request for divorce will have to be filed with the court. The content of the lawsuit must meet not only general but also special requirements.

You will have to submit:

The original marriage certificate;
Copies of the children’s birth certificates;
Statements presenting income;
Statements presenting assets;
Information about creditors.

The reasons for the divorce will also need to be stated in the lawsuit. In certain cases, the court may recognize that the party’s participation in the hearing is necessary, therefore, when ruling on the fault of the spouse and proving the guilt of the spouse, it may be necessary to go to Lithuania to participate in the hearing.

The spouse is recognized as guilty of the dissolution of the marriage when it is recognized that they fundamentally violated their duties as a spouse, and precisely because of this, joint family life has become impossible. Such a violation is usually the main and fundamental reason and is unacceptable from both a legal and/or ethical standpoint.

However, it should be noted that such a violation will have to be proven. In such cases it often happens that while proving the guilt of one spouse, the “guilty” party actually proves the opposite. Therefore it is sometimes concluded that the marriage has ended by mutual guilt. If the court recognizes that the marriage has ended due to the fault of one of the spouses, the other spouse can claim compensation for non-pecuniary damages as well as compensation for material damages related to the divorce proceedings. Certainly, the size of the damages will also have to be proven.

Divorce at the request of one spouse

Divorce at the request of one spouse takes place via a simplified procedure, the so-called special law. These are cases where the spouses do not live together for more than a year and are legally separated, or the spouse is serving a sentence in a prison, or is recognized by the court as missing, or the spouse is recognized as incapable.

The most important thing about divorcing in this way is that the spouse who wants to divorce does not blame the other spouse for the divorce, but simply cannot, for various reasons, end the marriage by mutual consent and sign an agreement on the consequences of the divorce. Please note, that simple living separately can not be a basis to divorce in this way. Separation must be legally recognised by a court.

Consensual

£600

Legal consultation

Drafting of the court documents

Submission of the documents to the court

Monitoring of the process

Decree absolute (certificate of divorce)

The expected timeframe from 2 to 6 months.

Lawsuit

£1200 *Terms and conditions apply

Legal consultation

Drafting of the court documents

Submission of the documents to the court

Monitoring of the process

Decree absolute (certificate of divorce)

Required mediation

Representation in court

The expected timeframe from 6 to 12 months

Services request form

Submit request

Your Questions

I am divorcing my husband and I wanted to ask if it is true that my spouse can prevent me from keeping my married name?
The law carries the provision that a spouse can keep his or her marital or premarital surname after the divorce. However, if the marriage is terminated due to the guilt of one of the spouses, then at the request of the other spouse, the court may prohibit the spouse responsible for the dissolution of the marriage from keeping the marital surname, except in cases where the spouses have joint children.

Thus, in order to prohibit a spouse from keeping the marital surname of the other spouse, two conditions must be met:

• First of all, the spouse must be at fault for the breakdown of the marriage.
• Secondly, the spouses must not have joint minor children. In this case, the legislation has provided a clause to keep the marital surname even if the spouse is at fault for the dissolution of the marriage. This reservation is justified by the fact that different surnames of parents and children can have a negative effect on minor children both in the psychological aspect and in other senses (when traveling, in educational and health institutions, etc.).
During the marriage I inherited some real estate - a house with a plot of land. Can the divorcing spouse have claims regarding such property?
The law carries the provision, that property gifted to or inherited by a spouse during the marriage is recognized as the personal property of the spouse if the will does not indicate that the property should be transferred to the common joint ownership of the spouses.

Thus, the general provision is as follows – property inherited during marriage is considered the personal property of the heir and is not divided during divorce. However, if such property was inherited by will and it was specified that it was transferred to the joint property of the spouses, such property will not have the legal status of personal property and will be divided during the marriage.
What criteria are used to award maintenance to minor children?
Based on Article 3.192 part 2 of the Civil Code of the Republic of Lithuania, the material maintenance provided to a minor child must be proportionate to the child’s needs and the parents’ financial situation.

The child’s needs are related to their age (preschool, school age, etc.), health condition (whether expenses are incurred for medicine, special food, rehabilitation, etc.), child’s talents (expenses for classes attended – sports, music, art, etc.).

The financial situation of the parents is assessed taking into account the available property and real estate, health, the number of dependents, what measures the person takes to receive income to support minor children. It should be emphasized that the financial situation of the parents is an important, but not decisive criterion in determining the amount of maintenance.
In 2019 the order of interaction with my child was determined by the court decision. However, I would like to spend more time with the child and spend holidays together. My ex-spouse does not allow me to do this on the grounds that this order was set in court and she will not allow me to see more of my child. Can anything be changed in this situation?
Pursuant to Article 3.175 of the Civil Code of the Republic of Lithuania, disputes between parents regarding the order of interaction with the child are resolved by court procedure. Therefore, if it is not possible to reach an amicable agreement with the child’s mother on a different order of interaction than the one established in the court decision, you should apply to the court with a claim to change the order of interaction. In such a case, it would be necessary to prove in court why the current order is not satisfactory (changes in work schedule, changed interests of the child, etc.).
The child has turned 18 years old. Do I have to continue providing their maintenance?
Article 3.1921 of the Civil Code of the Republic of the Republic of Lithuania carries the provision, that parents who have the opportunity must support their children who have reached the age of majority and who are studying in a secondary education program or in a formal vocational training program to obtain the first qualification, or are studying in higher education full-time study program and are not older than 24 years old and who need material support, taking into account the financial situation of the children who have reached the age of majority, the income received, the ability to receive income themselves and other important circumstances.

Thus, if a child who has reached the age of majority, is studying in secondary school and needs assistance to this end, the obligation to financially support your child does not end until they complete the secondary education program.
Creditors' data must be provided in the divorce case. Who else besides the bank can be the creditors?
A creditor can be:

1. A person – any individual who has lent you money, a holder of a promissory note, etc.;
2. Legal entity:
2. 1. Private legal entity: bank or other credit institution; a company from which you bought certain items and did not fully paid for them (cars, furniture, computers, etc.); a telecommunications company to which you owe for services rendered, etc.;
2. 2. 2.2. Public legal entity: state tax inspectorate, electricity supplier, utility company, etc.
The spouse is a foreign citizen (non-EU country), after one year of marriage, he left for his country. I want a divorce, but I don't have any contact with him and I don't know where he is. Is it possible for me to get a divorce?
Article 3.60 of the Civil Code of the Republic of Lithuania. carries the provision that the marriage can be terminated due to the fault of the other spouse, if the latter has left the family and does not take care of it for more than one year. According to this provision of the law, one should apply to the court with a claim for divorce due to the fault of the other spouse. In this case, the defendant – the spouse who is guilty in the divorce – would be represented by the curator (lawyer) appointed in the case. However, it should be emphasized that the spouse who files the lawsuit would have to pay for the services of the curator in the case.
Can the spouse, with whom minor children live after the divorce, receive a larger share of the property acquired during the marriage?
Based on the presumption established by Article 3.117 of the Civil Code of the Republic of Lithuania, the shares of joint property of spouses are equal. However, in the cases provided for in the Code, the principle of equal parts of the common property can be deviated from. One such case is a deviation from the principle of equal shares of joint assets of spouses taking into account the interests of minor children. Based on that, one of the parents, with whom the minor children live, is allocated a larger share of the property. Such a division of property is justified by the spouse’s greater burden in raising and educating the parties’ minor children.
Can I claim personal maintenance from my spouse after divorce? I raised our children throughout my marriage, so I didn't finish my studies at the university and didn't get any vocation. I am trying to find a job now but it's not easy.
Article 3.72 of the Civil Code of the Republic of Lithuania carries the provision that maintenance is required for a spouse if he or she is raising a joint minor child of his and his ex-spouse, or is unable to work due to their age or health condition. A spouse who could not obtain a qualification (complete their studies) due to marriage and joint family interests or child care has the right to demand from his ex-spouse to reimburse them for the costs of completing their education or retraining.

Thus, in this case it would be possible to claim maintenance from the spouse to the extent of the expenses required to complete education and acquire a profession or go through retraining.