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(e.g. the possibility of divorce by mutual consent, application for separation, etc.)
Divorce can be obtained by mutual consent of the spouses if they have been married for at least one year at the date of the application and if there are no children resulting from the marriage.
In the absence of mutual consent, divorce can be obtained at the request of one of the spouses in the following cases:
(e.g. irretrievable breakdown of the marriage, fault, separation)
In case law, the following have been deemed to be grounds for divorce:
Joint property can be divided either by mutual agreement of the spouses or by a court decision.
The agreement between the spouses may be drawn up:
If the spouses fail to reach an agreement concerning division of the joint property, an application for division of the property may be lodged after the dissolution of the marriage, through the divorce proceeding, through a principal action, or at any time thereafter (incidental or accessory application). The share of property corresponding to each spouse is determined on the basis of his or her contribution to acquiring and maintaining the joint property. The wife's work in the house and care of the children are taken into account when determining each spouse's contribution to obtaining the joint property. This contribution may be established by any means of proof, since it is a de facto situation.
The court is obliged, even if the spouses have not made any express application regarding custody, to issue a decision concerning the custody of minor children when issuing the divorce decree. The court bases its decision concerning custody of minor children on the interest of the children. Before issuing its decision it must hear the parents, the tutelary authority and children of 10 years and over. An agreement between the parents regarding custody of minor children is not obligatory for the court.
If the child has been in the custody of one parent, this parent has parental rights and obligations with regard to the child. The other parent maintains the right to have personal contact with the child and to oversee its upbringing and education, including occupational training.
The former spouse is entitled to maintenance if he or she is in financial need owing to incapacity to work arising before or during the marriage, or to incapacity arising within a year of the divorce provided this incapacity is owing to events relating to the divorce.
The former spouse loses the right to maintenance from the other spouse if he or she remarries.
If the divorce decree has found only one of the spouses to be at fault, this spouse is entitled to maintenance from the other spouse for only one year after the divorce, whereas the other spouse is entitled to maintenance for an indefinite period.
In Romanian law there is no concept of "legal separation" but rather of "de facto separation".
(e.g. can it be converted into divorce, is it a prerequisite for obtaining a divorce?)
A marriage is annulled owing to breach of one of the legal requirements of the marriage contract. A marriage can only be annulled by a court decision. Annulment has effect with regard to the past as well as the future; the marriage is considered not to have taken place.
A marriage can be declared invalid on the grounds of the following breaches of the legal provisions relating to the marriage contract:
A marriage can also be annulled where consent is invalid on the grounds of error (solely concerning the physical identity of the other spouse), trickery or duress.
From a legal standpoint, the spouses are considered never to have been married. Consequently:
(e.g. family mediation)
Mediation – Act No 192/2006 on mediation and organisation of the mediator profession. However, a divorce decree has to be issued by a court.
In accordance with section 607 of the Romanian Civil Procedure Code, the application for divorce should be lodged with the court with jurisdiction in the place where the last joint home of the spouses is located. If the spouses did not have a joint home or if neither spouse any longer lives in the place where their last joint home was located, the application should be lodged with the court with jurisdiction for the place where the defendant's home is located. However, if the defendant does not have a home in Romania, the application should be lodged with the court with jurisdiction for the place where the claimant's home is located.
An application for nullity relative or nullity absolute should be lodged with the court with jurisdiction for the defendant's domicile. If the defendant is domiciled abroad or has no known domicile, the application should be lodged with the court with jurisdiction for the defendant's place of residence, or, if the defendant has no known residence, with the court with jurisdiction for the claimant's place of domicile or residence.
The ordinary provisions of the Civil Procedure Code apply.
Legal aid can be obtained subject to the conditions laid down in sections 74-81 of the Civil Procedure Code. Aid to cover part or all of the costs of the court procedure may be granted at any stage of the procedure.
Yes. The time period for appeal against a divorce decree is 30 days from notification of the decree.
The time period for appeal against a decree of annulment is 15 days from notification of the decree.
The applicable legislation concerning recognition of a divorce decree is Regulation (EC) No 2201/2003 (Brussels II Regulation).
The application should be lodged with the court with jurisdiction for the defendant's place of domicile or residence in Romania. If the defendant has no known residence, the application should be lodged with the court with jurisdiction for the claimant's place of domicile or residence.
You should lodge your application with the court immediately above the one that issued the recognition decision. The ordinary provisions of the Civil Procedure Code apply.
(explain the rules on determining the applicable legislation in each Member State).
To determine the provisions applicable to a private international law relation, Act No 105/1992 on private international law relations should be referred to. In addition, the personal and property relations between the spouses are subject to ordinary national law. If the spouses are of different nationalities, they are subject to the law of their common place of domicile.
Ordinary national law or the law applicable to their common place of domicile continues to apply even if one of the spouses changes nationality or place of domicile.
If the spouses are of different nationalities or have different places of domicile, the personal and property relations between them are subject to the law of the State in which they have or had their common residence or in which they maintain their closest common ties.
If the foreign law in question, determined as specified above, does not permit divorce or permits it subject to different conditions, Romanian law applies if one of the spouses is a Romanian citizen at the date of the application for divorce.
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Last update: 21-09-2007