When circumstances require, the divorce may be settled by the notary public, including in the case minors resulted from the marriage. The agreement on the resulted minor / minors shall capture every detail established by the former spouses, and the best interests of the children is a primary consideration.
At a notary public with the office premises in the jurisdiction of the district court where lies the place of marriage conclusion, or the last family residence (proven with the spouses’ identity cards, wherefrom their common domicile or residence results, or, by a declaration on sole responsibility given in authentic form by both spouses, wherefrom their last joint home address should result, even if it is different from the one mentioned in the identity documents of the spouses).
For the case in which the marriage is concluded in Bucharest, the jurisdiction lies with any notary public who carries out their activity in Bucharest, irrespective of the district.
What is the procedure?
What documents are necessary?
The spouses appear before the notary to make the application for divorce in the content of which there shall be determined matters like: the surname each spouse shall bear after the dissolution of marriage, and in the case of divorce with minor children – setting the child’s domicile, the exercise of parental authority by both parents, the modality to maintain personal connection between the separated spouse and the minor child, the parents’ contribution to the upbringing, education, teaching and professional training of the child / children. Upon the application submission, the spouses may be represented by a proxy/representative, designated through a notarised Power of Attorney. For this first step, the spouses shall submit in original: the marriage certificate, the birth certificate, the birth certificate of the minor child (if applicable), the Power of Attorney (if applicable) and the identity cards.
After completing a reflection period of 30 days, the spouses reappear before the notary for the issuance of the certificate of divorce if:
– the spouses are both present, in person, and insist in their request for the dissolution of marriage;
– the agreement on parental authority has been achieved;
– they agree with the surnames they shall bear after the dissolution of marriage and maintain their other statements made during the application submission; none of the spouses is under adjudication of incapacity and their consent is free and non-vitiated.
In the case of divorce with minors, the juvenile’s hearing is required if the same is 10 years old.
How much does it cost?
The fee for the divorce procedure without minors is Ron 500, and in the case of the divorce with minors, a cost of Ron 200 is added. The fee of Ron 500 shall be paid at the time of the application for divorce submission, and the fee is not refundable if the spouses reconcile.