Divorce in Romania

The New Civil Code entered into force at October 1st 2011 has brought changes regarding family relations.
In the opinion of the Civil Code, besides the divorce cases stated in the old regulation, appears a new cause for divorce in Romania: de facto separation of the husbands has lasted at least 2 years.
Divorce cases
Divorce cases in the opinion of the Civil Code are:
– by consent of both husbands
– the relationship between the husbands are severely damaged and the marriage cannot continue
– de facto separation that lasted for more than 2 years
– the health condition of one of the husbands makes the marriage impossible to continue.
Types of divorce
The divorce can be disputed or solved through different ways:
– Notarial way
– Administrative way
– In a legal way
Along with the entrance in force of the Law 287/2009 regarding the Civil Code, the divorce procedure simplifies.
1. The divorce at the public notary
The divorce can be settled at the public notary if:
– The husbands agree with the dissolution of marriage (non vitiated and free consent)
– Neither of the husbands is declared incapable of his own affairs
– There are no minor children
The Law 287/2009 gives the possibility of the admission of the divorce request even if the marriage has resulted minor children, if the husbands agree on the aspects referring to:
– the name they will have after the divorce is settled
– the exercise of the parental rights by both parents
– the settlement of the children domicile after divorce
– the way of keeping the personal contacts between the separated parent and each of his minor children
– setting the parents contribution to the expenses regarding raising, education, teaching and professional preparation of their children.
The divorce procedure by common agreement is in the jurisdiction of the public notary who has headquarters where the marriage was made or at the last common home of the husbands.
2. Divorce through administrative way
Divorce can be solved through administrative ways by the registrar of births, marriage and deaths if:
– Both husbands agree with the dissolution of marriage (non vitiated and free consent)
– There are no minor children (resulted from marriage, outside the marriage or adopted)
– Neither of the husbands is declared incapable of his own affairs.
The file classifies in the following cases:
– If both husbands fail to appear together, after the 30 days term
– If both husbands or only one understands to renounce to divorce
– If, before the dissolution of marriage, one of the husbands is declared incapable of his own affairs
– If, before the dissolution of marriage, a child is born
– If, before the dissolution of marriage, one husband has deceased and the marriage ends by death.
3. Divorce by legal way
The divorce can be settled by legal ways if:
– Both husbands agree with the dissolution of marriage (non vitiated and free consent)
– Neither of the husbands is declared incapable of his own affairs.
– From solid reasons, the relationship between the husbands is damaged and the marriage is no longer possible
– One of the husband’s requests it after de facto separation has lasted at least 2 years.
– The husband who has a health condition that makes the marriage impossible to continue request it
– The registrar of births, marriage and deaths or the public notary refuses to dissolve the marriage, the husbands can go to court for the dissolution of their marriage
– In the case that the husbands choose the administrative way for their legal separation, but do not agree upon their family name or upon the exercise of the parental rights by both parents after the registrar of births, marriage and deaths or the public notary refuses to dissolve the marriage, the husbands can go to court for the dissolution of their marriage.
The divorce procedure settled in court is in the jurisdiction of the court that has its legal address where the last common home of the husbands was.
We can guide our Clients in any of these procedures, you just need to contact us.