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Divorcing as a foreign national

Foreign nationals may also use the divorce by notary procedure, just like the Romanians, provided that certain conditions are fulfilled.
This procedure can be done only if:

  • the marriage was made in Romania or
  • the spouses had their last common residence in Romania

The resulting divorce certificate will be recognized by the authorities of the citizenship state without any special procedure (in some cases the Apostile will apply, or legalization at the Ministry of Foreign Affairs)
For the EU member states the Apostille on the divorce certificate or judgement is not required.
The divorce procedure requires the presence of both spouses, is quick and is made under the provisions of Regulation (EC) No. 2201/203 concerning jurisdiction, recognition and enforcement of court decisions in matrimonial matters and in parental responsibility matters. (see Regulation text)
Spouses may call upon a Romanian notary even when they have underage children domiciled in a different country.
Assisting the underage children and obtining a social investigation report is done by cooperating with the authorities of the children’s country of domicile, based on the Convention concerning jurisdiction, applicable law, recognition, enforcement and cooperation in matters of parental responsibility and child protection, adopted in the Hague on October 19 1996 and ratified by Law 361/2007. (see text of the Convention)