With children and property, must we divorce in court?
You need not — and it saves both money and years. A notary can divorce spouses even where there is a common minor child or common property. There is one condition, and it is strict: both spouses must agree on the divorce itself and on every child- and property-related issue — custody, contact, maintenance and the division of property. If one spouse objects to the divorce, the notarial route falls away. A notary cannot resolve a dispute — only confirm an agreement. Timing: the certificate cannot be issued earlier than 30 days after the case is entered in the register.
📋 The rules
- A joint application from both spouses is required
- You must agree on custody, contact, maintenance
- And on the division of property
- The certificate comes no earlier than 30 days later
- The notary's base fee: €88 plus VAT
🔓 Exceptions
- If one spouse withdraws the application within the 30 days, the notary closes the case
- A marriage is presumed broken down after at least a year living separately
- With both spouses' consent a notary may divorce them even after less than a year apart
⚠️ Penalties & fines
There is no penalty for choosing court instead — but there is an important change. From 1 March 2026 the agreement on custody, contact and maintenance must be drawn up as a notarial act. Why that helps you: such an act can be enforced like a court judgment — so if the other parent stops paying, you need not bring a fresh claim merely to establish the obligation. Older guidance misleads: an ordinary private written agreement used to suffice; it no longer does. And on cost: €88 is the notary's base fee, not the final bill — VAT is added, plus the fee for the agreement at 0.5% with a minimum of €80.
📎 Official sources
- likumi.lv · Civil Law, Family Rights →
- likumi.lv · Notariate Law →
- Latvian Council of Sworn Notaries →
❓ Frequently asked
Must we go to court if we have children?
Not necessarily. A notary can divorce you even with a common minor child, provided both spouses agree on custody, contact, maintenance and the division of property.
When is court unavoidable?
Where one spouse objects to the divorce, or where any dispute about the child or the property remains unresolved. A notary cannot decide a dispute — only confirm an agreement.
How long does it take?
The notary cannot issue the divorce certificate earlier than 30 days after the case is entered in the register. During that period either spouse may withdraw the application.
What does it cost?
The notary's base fee for the divorce case is €88, with VAT added. A child-related agreement costs 0.5% of one year's maintenance payments, with a minimum fee of €80.
What changed in March 2026?
The agreement on custody, contact and maintenance must now be drawn up as a notarial act. It can then be enforced like a court judgment, without bringing a fresh claim first.
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