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Family Lawyers in Romania

Family Lawyers in Romania

Family lawyers in Romania dedicate their services to any legal matter that is regulated under the Romanian Family Law, whose main regulations derive from the Romanian Civil Code. The services of our lawyers in Romania refer to legal advice and/or assistance and legal representation.

Family law can cover any aspect from marriage procedures in Romania, to divorce, child custody and property matters. For an in-depth presentation on the manner in which our family lawyers in Romania can represent you, we invite you to address us via e-mail or by phone.

What are the main services of our family lawyers in Romania?

Our law firm in Romania is specialized in offering legal services regulated by the family legislation. We can represent clients in marriage proceedings (this can often be the case when one of the partners is a foreigner and the couple needs legal counselling on the steps required by the law).

It must be noted that foreigners are free to get married in Romania, as long as they provide the necessary paperwork attesting that there aren’t any impediments for the marriage procedure (such as already being married elsewhere).

Considering that getting married is not a complex procedure overall, our Romanian lawyers get most of their request in matters concerning divorce procedures, as in many cases the parties (both Romanian and foreigners) find it difficult to navigate through the legal system.

This can be aggravated by situations where the spouses do not reach an agreement regarding their properties and other assets, child custody, alimony and many others. In fact, the most difficult divorces are the ones where children are involved, as this can open many legal issues concerning the care of the children, such as the ones mentioned below:

  1. child custody;
  2. alimony (or child support);
  3. the visitation rights of the parent who did not obtain the custody of the child;
  4. the rights of grandparents after the ending of the divorce, etc.

Regulations on parental responsibility in Romania

Parental responsibility, according to the EU’s European e-Justice Portal, will be judged based on the following rules:

  • the Romanian Civil Code – Articles 487-499, on parental rights and duties;
  • Law No. 272/2004 – on the protection of children rights;
  • common parental responsibility is established as per the Article 503(1), Article 397, Article 505 (1) of the Civil Code;
  • separate parental responsibility is established as per the Article 398, Article 305(2), Article 505(2), Article 507 of the Civil Code.

In most of the cases, one of the spouses will leave the marital home and will need to rent or buy a property in Romania. Our team of Romanian lawyers can help you find a property suitable to your budget. We also invite you to address us on other issues, such as company formation in Romania. Although investors can open a business in Romania by themselves, it is always best to address professionals in corporate matters.

How can a couple divorce in Romania?

The manner in which a couple can divorce is influenced by the way in which they ended their marriage – that is, on good terms, or on bad terms. Where the 1st case applies, they have the possibility to divorce by mutual agreement at a notary public (or in a court) as long as they have agreed upon all the divorce matters.

For the 1st case (mutual agreement), they can also divorce at the City Hall, but only as long as they do not have any minor children. Where mutual agreement is applied, the couple does not need to state any grounds for the dissolution of the marriage.

However, when the parties do not agree on the terms of the divorce, the proceedings will be held in a competent court, where a clear reason will be stated for the divorce. The judges will establish the fault of a party (or of both) and will establish the conditions of the divorce, in accordance with the applicable law.

For the 2nd case, it is always advised to request legal assistance from our lawyers in Romania, so that you can be aware of the main scenarios that can be established by the court.

We invite you to contact us if you need further assistance on other family related matters (such as how travel with minor children as divorced parents – certain documents can be required).