According to the legislation in Romania, a couple divorcing in Romania can, according to the Romanian New Civil Code, opt for two types of divorce procedures. One is the judicial divorce stipulated in the art. 374 of the New Civil Code.
The second type of divorce is the administrative or notarial divorce stipulated in the art. 375 of the New Civil Code. With regards to children resulted from the marriage, or outside the marriage and adopted children, the Romanian legislation prescribes more stringent regulations on the dissolution of the marriage. In this case, the marriage can be dissolved only by public notary if spouses agree on all aspects of the custody.
| Quick Facts | |
|---|---|
| Divorce law in Romania | The Romanian Civil Code |
|
Types of divorces recognized in Romania |
-judicial, – administrative, – notarial |
|
Institutions where divorces can be held |
– Romanian courts, – notary public |
| Initiation of the divorce procedure | One of the spouses (or both spouses) addresses to the competent institution based on his/her situation. When parties agree on the divorce, the notary proceedings will be started and when a spouse opposes, then the court procedure is the main legal route. When there is mutual consent, the divorce can be completed in only 30 days. |
| Can Romanian institutions handle foreigners’ marriages? (yes/no) |
Yes |
| Situations when Romanian courts can dissolve foreigner’s marriages |
Divorcing in Romania as a foreigner is possible when one of the spouses or both spouses have their residency in Romania (documents must be presented). |
| Financial obligations of a spouse after the divorce |
A spouse can be required to pay alimony as per the rules on child custody or maintainance. |
| Maintainance rights and obligations |
Maintenance refers to the financial obligations a spouse can have for the other spouse, after the divoce is finalized. It can appear when the other spouse doesn’t have any source of income due to an incapacity to work which must have appeared before/during the marriage or within 1 year before the divorce. |
| What are the leagal reasons for divorcing in Romania? |
– harmful relationship of any kind (addictions, leaving the marital home, financial issues, physical or psychological abuse, etc); – at the end of legal separation |
| Types of custody |
– sole custody (granted when there is proof that the other parent is harmful to the children), – joint custody (granted to both parents – it has become the norm in the legal practice of divorce) |
| Alimony obligations |
The alimony is usually set up at 1/4 of the income of the parent who does not live with the child after the divorce. If maintenance is also applicable, the overall sum can’t be established at more than 1/2 of the net income of the person. |
| Division of assets |
The law states that the procedure for the division of assets will be done only for the assets acquired together during the marriage. The procedure is initiated only after the divorce is finalized. |
| Mandatory legal representation (yes/no) |
No, but it is highly recommended (and necessary) for court proceedings. |
| Services offered by our lawyers when divorcing in Romania |
– providing information on the applicable divorce law, custody, alimony, division of assets, the rights and obligations of both parties, the most likely outcome of the case, what are the legal routes a person can have based on his/her situation, – preparation of the divorce file, – gathering evidence following specific methods, – defending the client’s rights, – making appeals, etc. |
| Minimum period of marriage before requesting a divorce | Not applicable for the judicial divorce, as per the rules of the Civil Code. |
If you are considering starting a divorce in Romania, you can address to our Romanian lawyers for in-depth legal advice on the steps you need to take, depending on the particularities of your case (the type of divorce applicable to you, if there are any children involved, matters concerning the division of assets and other aspects that are typically applicable here).
Table of Contents
The divorce procedure in Romania
The divorce petition has to be submitted to the administrative body, public notary, the court by the spouses together or separately. 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. Provided that this is the case, the spouses can address the court in order to solve their case.
Supposing that the spouses have 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 or she has to send it immediately to the Town Hall where the spouses got married to make the mention.
The procedure is similar if the spouses submitted the divorce petition to a public notary. In this case, the public notary must release the certificate and he or she has to send it to the Town Hall where the marriage was concluded, in order to make the mention on the certificate.
When can one file for divorce in Romania?
The legislation in Romania regulates the reasons for which a party (or both) can file for divorce. The Romanian Civil Code is the main rule of law which prescribes when can a person be entitled to start the divorce proceedings; for a clear presentation on this subject, you can also address our law firm in Romania.
One is entitled to file for divorce in the case in which the party can prove that the relationship has become harmful in any way or is deteriorated due to any reasons (financial, addictions, abusive conduct, not taking care of the children, deserting the family home and others).
A couple can also file for divorce if both of them agree on this decision and in this case, the event will be concluded without the participation of a divorce court, as it can be done through the public notary, as said above.
Please mind that if there are minor children involved, then the procedure will become more complicated, as the protection of the children is at the heart of this legal step and the authorities will first have to make sure that the needs of the children are met.
If this applies, then the two parents will have to decide on specific legal aspects, such as the alimony established for the child (or children) and the parent who has to pay it (as well as the required sum), the place where the child will live.
Depending on the particularities of the case, the court will also establish the custody of the children; as a general rule, Romanian courts will favor the mother in this case, but joint custody has also become increasingly popular in the last decade.
Divorcing in Romania as a foreign citizen
According to the art. 3 from the Council Regulation 2201/2003, Romanian law courts have the authority to dissolve a marriage between foreign citizens, but this procedure can be done only if:
- the spouses have their residence in Romania and they can prove it with the necessary documents;
- the spouses had their last common residence in Romania and at least one of them resides in the country;
- the defendant has the residence in Romania or in case that the spouses submit the divorce petition together, at least one of the spouses has to reside in this country;
- the plaintiff has been residing in Romania for at least one year before the application was made;
- in result, even foreign citizens can end their marriage in Romania if they were married here or they had their last common residence on this territory.
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.
In this case, the power of attorney is required, which is a document that provides a lawyer with the right of defending his or her clients. 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 address our law firm.
Divorcing in Romania through an administrative divorce
The administrative divorce can be an easy route to divorcing in Romania. Our lawyers in Romania can offer advice on the documentation that must be prepared for this type of divorce. According to the Romania divorce law, this type of divorce is available only for spouses who do not have minor children.
Provided that this main condition is met, the procedure for a divorce in Romania in this case implies the following:
- the spouses must submit the required documentation;
- from the day of submission, a period of 30 days must pass, which is granted as a period of time in which the 2 can review their decision to divorce;
- provided that the couple maintains the desire to divorce in Romania, they will make a statement in front of the Town Hall authorities;
- after this statement is made, the authorities will proceed at the dissolution of the marriage.
In order to complete the procedure, we mention that it is mandatory for both spouses to arrive in person when they submit the documentation for divorce, but also when they make the declaration that they maintain their decision to divorce.
It is also important to know that the cost of divorce in Romania in this case is RON 745 (applicable starting with 2025). According to the Romanian divorce law, the divorce will be granted after the 2nd meeting with the Town Hall representative.
However, the former spouses will receive their divorce certificate in a period of 5 business days after the latter meeting. Our attorneys in Romania can offer more information on this procedure. Our law firm in Romania can present other exemptions from which maintenance obligations can arise. Below, we invite you to watch a short video presenting the main steps in getting a divorce in Romania:
Evidence used during a divorce in Romania
In any type of legal case that must be concluded in a local court or in a public notary, the parties are required to provide evidence that can prove the need for a certain legal action. When dealing with a divorce, the law allows a wide category of documents and other types of materials to be used as evidence.
Our Romanian law firm can assist you in preparing the file containing the evidence if you want to start the divorce proceedings. Also, you must know that the law requires to have a person who will act as a witness in front of the judge, for cases that will be settled in the court.
When there is a divorce that will deal with the custody of the children, the law stipulates that children with an age above 10 years old can participate in court hearings and they can testify in front of the judge.
Are there any maintenance obligations in Romania?
Maintenance refers to the financial aid a spouse can provide to the other spouse after the dissolution of the marriage. It is similar with alimony, only that it is specifically addressed to the spouse, not the children. In Romania, maintenance can be offered only in specific circumstances, granted by the law. If this applies, the overall cost of divorce in Romania can increase for the other divorcing spouse.
As a rule, in regular situations, where both spouses have their own jobs and an overall good financial situation, maintenance can’t be requested by one of the divorcing spouses. This is given by the fact that the Romanian law stipulates that a party shouldn’t have any financial obligations towards the other party after the divorce is finalized.
However, there are exemptions to this rule, and maintenance can be requested by a party in the case in which the said party is in incapacity to work since before the marriage, during the marriage, or within one year before the divorce procedures began.
When can a person be considered divorced?
Divorcing in Romania can be a simple procedure in the case of couples who agree on the conditions of their separation prior to addressing to an institution (such as those divorcing at a notary public). For those opting for the court route, the divorce can take a long period of time, usually around 2 years.
In both cases, during these formalities, even though the spouses have filed for divorce, from a legal point of view, they are still considered married, having all the rights and obligations they have before they initiated the procedure.
The spouses will be free from their legal status of married individuals only after the notary public (or the administrative authority) issues the final documentation or, in the case of a court divorce, only after the court issues a definitive decision for the dissolution of marriage. The 2 will no longer be married starting from the day when the court has issued the decision.
We invite you to read our infographic presenting how to divorce in Romania:
Other legal services
Our lawyers can help individuals open a business in Romania. The procedure of company formation in Romania can be a complex one, especially for foreigners, and this is why legal assistance is recommended.
We can also assist those who want to buy a property in Romania. This service is also available for divorcing spouses, of course, given that one of the spouses needs to relocate from the family home (or both, provided that the property will be sold).
If you need more information on how to divorce in Romania; our lawyers can represent you in front of the court where this is applicable.
However, you must know that you are not legally required to be represented by a lawyer in the case of a mutual divorce concluded in front of a public notary, but legal advice is highly recommended even in this case, as various aspects may be omitted by the divorcing couple. We highly recommend you to address our Romanian law firm for in-depth legal advice