Romania divorce

Legal Framework

• Civil Code (CC) entered into force on 1 October 2011
• Civil Procedure Code (CPC)
• Notaries Law (LNP)

Competent Authority

Three options depending on circumstances:

1. Courts: For contentious divorces
2. Notaries: For consensual divorces (including cases with minor children)
3. Civil Status Office: For consensual divorces without minor children and without property division

Access Requirements

For notarial divorce:

• Both spouses must be adults, competent and present
• Request of divorce by agreement
• Must address territorially competent notary

For Civil Status Office divorce:

• Both spouses must be adults, competent and present
• Request of divorce by agreement
• No minor children
• No agreement on matrimonial assets
• Must address territorially competent civil status office

Procedure

1. Notarial Divorce:
   • 30 days reflection time required
   • When minor children involved:
     • draft agreement on parental responsibility
     • notary notifies tutelary authority
     • social inquiry report required
     • child aged 10+ must be heard
2. Civil Status Office Divorce:
   • Personal appearance or representation with authentic power of attorney
   • 30 days reflection period – Must appear personally after reflection period to confirm
3. Court Divorce:
   • Can decide on all ancillary matters
   • Only courts can award damages to blameless spouse