Divorce by agreement of the spouses

The marriage can be dissolved before a public notary if both spouses agree to the divorce. The public notary records the dissolution of the marriage and issues you a divorce certificate. It is a faster and less strained route than going to court, open both to spouses without children and to those with minor children, provided the parents agree on every aspect concerning the children.

The public notary does not rule on fault and does not investigate the causes of the separation. Their role is to verify that the decision to divorce is free, genuine and that of each of you, that the conditions laid down by law are met and that, where there are children, the parents' agreement protects the children's interest.

When you can divorce before a notary

If you have no minor children (born of the marriage, outside it, or adopted), your agreement on the dissolution of the marriage is enough.

If you have minor children, the notary can record the divorce only if you agree on every aspect concerning them: the joint exercise of parental authority, where the children will live after the divorce, how the parent they do not live with will keep in touch with them, and each parent's contribution to the costs of raising, educating and training them.

Divorce by agreement cannot be recorded by a notary if one of the spouses is under judicial counselling or special guardianship.

Where to apply

The application is filed with a public notary in the district of the district court (or of the Bucharest Tribunal) in whose area the marriage was concluded or the spouses' last common home is located. The last common home means the last home in which you lived together.

What documents to prepare

• the identity documents of both of you;
• the birth certificates of the spouses and, where applicable, of the minor children;
• the original marriage certificate; the notary keeps it until the divorce certificate is issued and then returns it to you endorsed with the dissolution of the marriage.

How the procedure works

1. 01

   Filing the application

   You appear together and file an application. In it you declare whether or not you have minor children and the agreement in principle of both of you concerning them. The application receives a nationally unique number, and the notary checks that no other divorce application already exists between you. The application may also be filed through an authorised representative holding an authenticated power of attorney.

2. 02

   The reflection period

   From the registration of the application, the notary grants you a reflection period of 30 days, of which you are informed at the time of filing.

   The 30-day reflection period is laid down by law and cannot be shortened. It gives you time to confirm a decision taken in full awareness. Plan the procedure knowing that it takes at least a month.

3. 03

   Persisting in the divorce

   When the period expires, you appear again in person. The notary checks whether you persist in dissolving the marriage and whether the consent of each of you is free and unvitiated. Even though the application may be filed through an authorised representative holding an authenticated power of attorney, attendance to express consent remains personal.

4. 04

   Where there are minor children

   The notary requests the psychosocial assessment report and authenticates the parents' parental agreement. A child who has reached the age of 10 is heard. If the social assessment shows that the agreement on parental authority or on where the children will live is not in the child's interest, the application is rejected and the parties are directed to the court.

5. 05

   Approval and the divorce certificate

   If you persist in the divorce and the conditions laid down by law are met, the notary draws up the ruling of approval and issues you the divorce certificate.

Your name after the divorce

On the dissolution of the marriage, each of you may choose, individually, to keep the name borne during the marriage or to return to the previous name. This choice no longer depends on the other spouse's agreement.

If you do not make an express choice, the law provides that each former spouse keeps the name borne during the marriage.

The parental agreement

Where you have minor children, the parents' understanding is recorded in a parental agreement, authenticated by the notary. Through it you settle, while exercising parental authority jointly, where the children will live, how the parent the children do not live with will keep in touch with them, and the other measures you may take in their interest.

What document you receive

The divorce certificate proves the dissolution of the marriage by your agreement and the name each of you bears after the divorce. The notary immediately sends a copy to the town hall of the place where the marriage was concluded, so that the divorce is endorsed on the marriage record, and returns your marriage certificate to you with the corresponding endorsement.

When the application is rejected and you have to go to court

The notary rejects the application by a ruling when the conditions laid down by law are not met, for instance if you no longer both persist in the divorce, if one of you does not appear on the set date, if, where there are minor children, you do not agree on the aspects concerning them, or if you reconcile or withdraw the application.

There is no appeal against the notary's refusal, but you may go to court at any time to have the marriage dissolved. It is also for the court to settle the other effects of the divorce on which you do not agree.

What the notarial divorce procedure costs

For the dissolution of a marriage by agreement, the public notary charges a fee set by the Rules on minimum fee scales, approved by Order of the Minister of Justice. The notary may set a higher fee depending on the complexity of the case, but never below the legal minimum. Its amount differs according to whether or not you have minor children. A separate charge applies for authenticating the parental agreement, distinct from the one for dissolving the marriage before a notary.

For the exact amount of the fees and for the other notarial costs, see the section What the notarial procedures cost →