Given the fact that one of the possibilities provided by Divorce Romanian law for dissolution of marriage is amicable divorce, there are a large number of people who prefer to follow the notary divorce procedure in Romania to the procedure before the Romanian court of divorce and assets division, for both financially and emotionally obvious reasons. Therefore, the Romanian Law Firm Pavel, Margarit and Associates recommends using the services of a lawyer specialized in family law in Romania, as well as divorces and assets division in Romania, to help you understand the effects of divorce and partition of common goods in Romania, both patrimonial and extra-patrimonial, as well as to assist you in the procedure of assets division between spouses in Romania.
Divorce procedure before a notary public
As it results from the provisions of the Civil Code, the procedure of notarial divorce in Romania, before the notary public in Romania, does not require special conditions of admissibility, being allowed even if the spouses have minor children born in or out of marriage or adopted.
In order to go through the amicable divorce procedure in Romania, there must be an agreement between the spouses, which also covers the additional aspects of the divorce, such as: the last name they will bear after the dissolution of the marriage in Romania, the aspects related to the exercise of parental authority, in the situation of the existence of minor children.
According to the provisions of the Civil Code, the divorce application is submitted at the notary public in Romania of the place of marriage or of the last common residence of the spouses. The divorce application is submitted by the spouses together, it is registered by the notary public, giving them a term of reflection of 30 days.
The divorce application can be submitted at the notary public in Romania also through a proxy with authentic power of attorney. There is the possibility that a lawyer specialized in family law, divorce and partition of common goods can represent the spouses exclusively in this procedural phase, the latter will appear at the notary public at the end of the 30-day period.
The notary public will issue the divorce certificate, after admitting the divorce application and after analysing the conditions regarding the consent of the spouses, their agreement regarding the minor children, if any, as well as the family name.
The assets division effects after the divorce procedure in Romania
The main effect of divorce on property relations between spouses is the termination of the marital status.
The division of assets is a legal operation by which the state of common ownership over the property between the spouses is terminated. By sharing, the goods jointly owned are divided between them.
The division can be done by the notary public in Romania, by concluding a division contract, when the co-partners agree on the share that belongs to each of them, each of which will become the exclusive owner of a share, or of a good, depending on by their decision.
In the case of sharing a real estate asset, several documents are required to be analysed by the notary public in Romania. Pavel, Margarit and Associates Romanian Law Firm recommends you to consult a lawyer specialized in divorces and partition of common assets who will guide you in gathering the necessary documents and assist you in this procedure, or even represent you before a notary public in Romania.
The existence of minor children in the situation of divorce
If the spouses have minor children born in or out of marriage or adopted, the consent of the spouses must also cover matters relating to the exercise of parental authority, such as:
- joint exercise of parental authority, so it is not possible to agree to exercise parental authority exclusively by one of the former spouses;
- establishing the children’s home after divorce;
- how to maintain personal ties between the parent separately and each of the children;
- establishing the parents’ contribution to the expenses of raising, educating and training the children.
In making these decisions, it is essential to put the best interests of the child first, taking into account his or her developmental needs.
If the spouses do not agree on these issues, it will be up to the courts to decide on the effects of the divorce. A family lawyer will be able to provide the necessary guidance in resolving a potential dispute between spouses, providing legal advice on all aspects of divorce and its effects. Pavel, Margarit and Associates Romanian Law Firm recommends you to consult a lawyer specialized in family law, divorces and partition of common assets who will guide you in this procedure.
Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm clients are foreign and top local companies and high worth individuals. In 2021, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked second place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2021. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro.
The main difference between an amicable divorce procedure before a notary public in Romania and a divorce procedure before the Romanian court is that the notary divorce is typically faster, more cost-effective, and less emotionally taxing. It requires the spouses to reach an agreement on various aspects of the divorce, such as property division and child custody, before proceeding. In contrast, a divorce before the court may involve a lengthier and potentially more contentious process.
The key steps in the notary divorce procedure in Romania include:
Submission of the divorce application at the notary public’s office.
A 30-day reflection period during which the spouses can reconsider their decision.
Review by the notary public to ensure the spouses’ consent and agreement on issues like child custody and property division.
Issuance of the divorce certificate by the notary public after approval.
When dividing assets between spouses in an amicable divorce in Romania, factors to consider include the agreement reached by the spouses, the types of assets involved (e.g., real estate, financial assets, personal property), and the notary public’s role in overseeing the division process. It’s advisable to consult with a lawyer specialized in family law and divorce to ensure a fair and legally sound division of assets.