How to Divorce in Romania: A Practical Guide for International Families

Divorce in Romania may be obtained through a court, a public notary or, in limited circumstances, a civil status officer. The appropriate procedure depends on whether both spouses agree, whether they have minor children and whether the case involves another country.

In international cases, the first question is not simply whether one spouse is Romanian or whether the marriage was registered in Romania. It is necessary to establish whether the Romanian authorities have jurisdiction, which law applies and whether the Romanian decision will be recognised in the other country concerned.

This guide provides a general overview of Romanian divorce law. It does not replace advice based on the particular facts of a case, especially where the spouses or children live in different countries.

The available divorce procedures in Romania

Romanian law provides three principal routes:

1. divorce by mutual consent before a civil status officer;

2. divorce by mutual consent before a public notary;

3. divorce before a court, either by mutual consent or on another ground recognised by law.

The choice of procedure affects the documents required, the spouses’ obligation to appear personally, the matters that can be resolved and the time needed to complete the divorce.

Divorce before a civil status officer

A civil status officer may establish the divorce by mutual consent only if the spouses agree to divorce and do not have minor children together, whether born within or outside the marriage or adopted.

The application is made to the civil status officer at the place where the marriage was concluded or where the spouses had their last common residence. A statutory reflection period of 30 days applies. At the end of that period, both spouses must appear personally and confirm that they still wish to divorce and that their consent is free and informed.

If the legal conditions are satisfied, the civil status officer issues a divorce certificate. The procedure does not determine fault between the spouses.

This route is suitable only for a straightforward divorce by agreement and does not resolve disputes concerning children, maintenance, the family home or the division of property.

Divorce before a public notary

A public notary may also establish a divorce by mutual consent.

Where the spouses do not have minor children together, the notarial procedure is broadly similar to the administrative procedure. Where minor children are involved, a notarial divorce may still be possible, but only if the spouses reach the agreement required by Romanian law on all matters concerning the children, including:

• the joint exercise of parental authority;

• the child’s residence after divorce;

• the arrangements for personal relations between the child and the parent living separately;

• each parent’s contribution to the child’s maintenance and upbringing.

The proposed arrangements must be compatible with the best interests of the child. The procedure may involve a social inquiry, and the child must be heard where the law requires it. If the legal conditions are not satisfied or the necessary agreement is absent, the notary will reject the application and the spouses may apply to the competent court.

The application may be filed with the notary through a representative holding a special authentic power of attorney. However, after the 30-day reflection period, the spouses must appear personally to confirm that they continue to consent to the divorce.

The notarial divorce does not determine fault and does not require the spouses to divide their assets at the same time.

Divorce before a Romanian court

A court may pronounce the divorce by mutual consent regardless of the length of the marriage and regardless of whether the spouses have minor children.

A judicial divorce may also be requested on other grounds provided by Romanian law, including where:

• the relationship between the spouses has seriously deteriorated and continuation of the marriage is no longer possible;

• the spouses have been separated in fact for at least two years;

• the state of health of one spouse makes continuation of the marriage impossible.

In a contested case, the court examines the pleaded grounds and the evidence submitted by the parties. Depending on the legal basis and circumstances, the divorce may be pronounced by the fault of one spouse, by the joint fault of both spouses or without a finding of fault.

The divorce claim is heard at first instance by a judecătorie, the Romanian court of first instance competent in family matters. Territorial competence is determined under the special rules applicable to divorce proceedings, usually by reference to the spouses’ last common home and, in the circumstances provided by law, the defendant’s or claimant’s home.

Do Romanian courts have jurisdiction in an international divorce?

Romanian nationality by itself does not always mean that a spouse may bring divorce proceedings in Romania. Likewise, the fact that one spouse has some connection with Romania is not necessarily sufficient.

For cases falling within the European Union framework, jurisdiction in matrimonial matters is principally governed by Council Regulation (EU) 2019/1111. Depending on the facts, the courts of a Member State may have jurisdiction based on criteria such as:

• the spouses’ habitual residence;

• their last habitual residence, if one spouse still resides there;

• the respondent’s habitual residence;

• in a joint application, the habitual residence of either spouse;

• the applicant’s habitual residence for the period required by the Regulation;

• the common nationality of both spouses.

Habitual residence is a factual legal concept and is not necessarily the same as the registered address or formal domicile appearing in an identity document.

Where the EU rules do not provide jurisdiction, Romanian private international law may become relevant, subject to the limits and conditions imposed by the applicable European and international instruments.

Jurisdiction over the divorce must be distinguished from jurisdiction over parental responsibility, maintenance and matrimonial property. The court competent to dissolve the marriage is not automatically competent internationally to decide every related issue. In particular, matters concerning parental responsibility are generally closely connected to the child’s habitual residence.

Because parallel proceedings may be started in different countries, jurisdiction should be analysed before filing, not after proceedings are already underway.

Which law applies to the divorce?

The court having jurisdiction and the law applicable to the divorce are separate questions. A Romanian court does not invariably apply Romanian substantive law merely because proceedings were commenced in Romania.

In relevant cross-border cases, the applicable law is determined under Council Regulation (EU) No 1259/2010, commonly known as Rome III, together with any applicable Romanian private international law rules. In certain circumstances, spouses may make a valid choice of the law applicable to their divorce. In the absence of a valid choice, the applicable law is determined through the connecting factors laid down by the relevant rules.

The validity and implications of any choice-of-law agreement should be considered carefully before proceedings are issued.

Documents commonly required

The precise documents depend on the chosen procedure and the international elements of the case. They commonly include:

• the original or an official copy of the marriage certificate;

• identity documents for both spouses;

• birth certificates for any minor children;

• evidence concerning the spouses’ and children’s habitual residence;

• documents relating to income and the children’s needs, where maintenance is in issue;

• any existing judgments or agreements concerning the children or maintenance;

• a special power of attorney where representation is permitted;

• certified Romanian translations of foreign documents.

Depending on the country in which a foreign document was issued and the applicable international instruments, an apostille or another form of legalisation may be required. This should be checked for each document rather than assumed as a universal requirement.

Must the spouses attend in person?

Personal attendance is an important feature of Romanian divorce procedures.

In administrative and notarial divorces, the spouses must personally confirm their continuing consent after the 30-day reflection period, even though a notarial application may initially be filed through a representative holding a special authentic power of attorney.

In court proceedings, the Romanian Code of Civil Procedure contains special rules on the personal appearance of the spouses before the court of first instance. Statutory exceptions may apply, including where a spouse resides abroad or is prevented from appearing by a serious impediment. In such circumstances, representation by a Romanian lawyer may be possible.

Whether a spouse living abroad must attend a particular hearing should be assessed in advance on the basis of the procedure, the claims made and the court’s directions.

Parental authority and the child’s residence

When divorcing parents have minor children, the legal questions concerning the children must be addressed separately and carefully.

Under Romanian law, joint parental authority after divorce is the general rule. Sole exercise of parental authority by one parent may be ordered only where there are legally sufficient reasons and the measure is in the child’s best interests.

Joint parental authority does not mean that the child must live for equal periods with each parent. The child’s residence is a distinct issue. The court must also establish, where necessary, the arrangements through which the parent living separately maintains personal relations with the child and each parent’s contribution to the child’s expenses.

The child’s best interests are the governing consideration. Depending on the child’s age and maturity, the child may also have to be heard.

In an international case, the Romanian court hearing the divorce may not necessarily have jurisdiction to decide parental responsibility. The child’s habitual residence and Regulation (EU) 2019/1111 or an applicable international convention must first be considered.

Relocation and international child abduction

Where both parents exercise parental authority, changing the child’s residence in a manner that affects the exercise of parental rights will generally require the other parent’s consent. If the parents disagree, the competent court may be asked to decide in accordance with the child’s best interests.

Taking or retaining a child in another country without the necessary consent or authorisation may, in certain circumstances, constitute a wrongful removal or retention. However, not every international move amounts automatically to international child abduction. The assessment depends, among other matters, on the child’s habitual residence immediately before the move, the rights held under the law of that state and whether those rights were actually exercised.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction and, within the EU, Regulation (EU) 2019/1111 may apply. Return proceedings are not proceedings on the merits of parental responsibility; their principal purpose is to determine whether the child should be returned promptly to the state of habitual residence, subject to the limited exceptions provided by law.

Immediate specialist advice is important where an international removal or retention has occurred or is imminent.

Child maintenance

Both parents have an obligation to support their child according to the child’s needs and each parent’s means.

Where maintenance is fixed as a percentage of the debtor parent’s monthly net income, Romanian law provides maximum limits of:

• up to one quarter for one child;

• up to one third for two children;

• up to one half for three or more children.

These percentages are statutory ceilings, not amounts awarded automatically in every case. The court considers the child’s actual needs, the means of the parent liable to pay, that parent’s other legal maintenance obligations and the available evidence. Maintenance may also be established as a fixed amount, subject to the rules governing its adjustment.

An existing maintenance obligation may be increased, reduced or terminated if the relevant circumstances materially change.

Cross-border jurisdiction, recognition and recovery of maintenance are governed separately from the divorce itself. Within the EU, Council Regulation (EC) No 4/2009 may be relevant. International conventions or domestic private international law may apply in relationships with other states.

Maintenance between former spouses and compensatory provision

Romanian law distinguishes between maintenance owed to a former spouse and compensatory provision.

Maintenance after divorce is available only under specific statutory conditions, including conditions relating to incapacity for work and the time when it arose. It is not an automatic consequence of economic inequality between former spouses.

Compensatory provision is a separate remedy, subject to its own requirements, including conditions concerning the duration of the marriage, the consequences of divorce and fault. Neither remedy should be described simply as routine “alimony”.

What happens to property after divorce?

Divorce ends the marriage but does not automatically divide all assets and liabilities between the spouses.

Liquidation of the matrimonial property regime and partition may take place by agreement, including through a notarial instrument where legally possible, or through court proceedings. A property claim requires its own factual and legal analysis, evidence concerning the acquisition and value of assets and payment of the applicable judicial stamp duty.

International couples may also face a separate choice-of-law and jurisdiction analysis concerning matrimonial property. A foreign marriage contract, a choice-of-law agreement or assets situated in several countries may materially affect the advice.

Recognition in Romania of a divorce granted abroad

The procedure depends principally on the state of origin of the decision, the date and nature of the proceedings and the legal instrument governing recognition.

Divorce decisions issued in EU Member States may benefit from recognition without a special recognition procedure under the applicable EU regime. The Romanian civil status authorities will nevertheless require the documents and certificates prescribed by that regime, together with the necessary translations. The position of Denmark and the temporal scope of the relevant EU regulations must be considered separately.

For judgments originating outside the applicable EU framework, it is incorrect to assume that every divorce invariably requires the same exequatur procedure. Romanian law provides circumstances in which certain foreign judgments are recognised by operation of law, while other cases require recognition by a Romanian court. Bilateral treaties and multilateral conventions may also affect the procedure.

Depending on the applicable regime, the documents may include:

• an official copy of the foreign decision;

• evidence that the decision is final or enforceable, where required;

• the certificate prescribed by the applicable EU instrument;

• evidence of proper service where the judgment was issued in default;

• a certified Romanian translation;

• an apostille or legalisation, where required.

Recognition of a foreign divorce and enforcement of orders concerning money or children are distinct matters and should not be treated as a single procedure.

How long does a divorce take in Romania?

There is no reliable universal timeframe.

An administrative or notarial divorce cannot be completed before the statutory 30-day reflection period expires. Its overall duration also depends on the documents, the arrangements concerning minor children and the availability of the competent authority.

A judicial divorce by agreement may be resolved comparatively quickly, but court schedules and procedural requirements vary. A contested or international divorce may take substantially longer, particularly where service must be effected abroad, evidence is disputed, related proceedings are pending in another country or an appeal is filed.

Any estimate should therefore be based on the competent court, the claims to be determined and the procedural position of the particular case.

Costs

The cost of a Romanian divorce may include:

• administrative, notarial or judicial fees;

• legal fees;

• authorised translations and interpreting;

• apostille or legalisation costs;

• expert evidence, valuations or social inquiries where applicable;

• service and procedural costs abroad;

• costs associated with an appeal or enforcement.

Legal fees vary according to the complexity, urgency and international dimension of the case. Before instructing counsel, a client should request a written description of the scope of work, the fee structure and the third-party costs that are not included.

When specialist legal advice is particularly important

Advice from a lawyer experienced in international family law is particularly important where:

• the spouses or children live in different countries;

• proceedings have already been initiated abroad;

• the child’s habitual residence is disputed;

• a parent proposes to relocate with the child;

• there are allegations of wrongful removal or retention;

• parental authority, contact or maintenance is contested;

• a foreign divorce or parental responsibility order must be recognised in Romania;

• assets, debts or marriage agreements are connected to several legal systems.

Early advice can identify the proper jurisdiction, avoid parallel or inadmissible proceedings and ensure that urgent protective measures are considered in time.

Conclusion

There is no single procedure suitable for every divorce connected to Romania. A consensual divorce may be completed before a civil status officer, a notary or a court, depending on the circumstances. A contested divorce must be determined judicially.

In cross-border cases, nationality, residence and the place of marriage are only part of the analysis. Jurisdiction over the divorce, parental responsibility, maintenance and property may be governed by different rules. The applicable law and the future recognition of the Romanian decision should also be considered before proceedings are filed.

For advice tailored to a particular international family situation, the relevant documents and connections with each country should be reviewed by a qualified Romanian family lawyer.

Need legal advice?

For specialist advice on Romanian and international family law, contact Eniko Fulop at Fulop Lawyers (email contact@fuloplawyers.com or eniko@fuloplawyers.com, a member of the Global Law Experts network.

Principal legal sources

1. Romanian Civil Code, including Articles 373–404 and the provisions governing parental authority and maintenance.

2. Romanian Code of Civil Procedure, including the special rules governing divorce proceedings and recognition of foreign judgments.

3. Council Regulation (EU) 2019/1111 on jurisdiction, recognition and enforcement in matrimonial matters and matters of parental responsibility, and on international child abduction.

4. Council Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.

5. Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

6. 1980 Hague Convention on the Civil Aspects of International Child Abduction.

7. Romanian Government Emergency Ordinance No 80/2013 on judicial stamp duties.

This article provides general information and does not constitute legal advice. The applicable rules and procedural requirements should be verified in light of the facts and law in force at the relevant time.