According to the legislation of Romania, in the case of agreement between spouses, in our New Civil Code, are admitted two types of divorce:
1. judicial divorce stipulated in the art. 374 of the New Civil Code
The divorce does not require any minimum period of marriage.
2. administrative or notarial divorce stipulated in the art. 375 of the New Civil Code
The Romanian law is fairly severe if there are minor children resulting from the marriage, outside of marriage or adopted. In this case, the marriage can be dissolved only by public notary if spouses agree on all aspects of the custody.
The divorce petition has to be submitted to the administrative body or public notary by the spouses together. After 30 days, the registrar or the public notary, will be able to end the marriage by mutual consent.
The divorce petition will be rejected if the spouses have not agreed on what their name would be after divorce or on the custody. Although, in spite of this rejection, the spouses can address to the law court in order to solve their case.
When the divorce petition has been submitted at the Town Hall where the spouses were married, the registrar must make the mention on their marriage certificate in order to validate the divorce.
Supposing that the spouses have been submitted the divorce petition at the Town Hall where they had the last common residence, the registrar must release the marriage certificate and after that he has to send it immediately to the Town Hall where the spouses were married to make the mention.
The procedure it's alike if the spouses submitted the divorce petition to a public notary. In this case, the public notary must release the certificate and he has to send it to the Town Hall where the marriage was made, in order to make the mention on the certificate.
According to the art. 3 from the Coucil Regulation 2201/2003, Romanian law courts have the authority to dissolve a marriage between foreign citizens, but this procedure can be done only if:
If the spouses were married in Romania but they do not live here anymore, there is an exception to the rule and according to it the divorce can be obtained if they hire a lawyer to represent them in front of the courts. For this procedure they need power of attorney that gives the authorization to a lawyer to defense the rights of his client. Should you require more information on the divorce procedure in Romania or are looking for an attorney for representation throughout this procedure in Romania please contact our law firm.