In order to register a foreign divorce in Romania, the former spouses will need to register this decision either through an application submitted to the Romanian authorities, or through a court decision. In most cases, the first option is the preferred one, however, our team will also guide you and provide you with the needed assistance if you opt for the court recognition of the divorce.
The registration of the divorce pronounced abroad is needed in order for the cessation of the marriage to also be recognized in front of the Romanian authorities. This particular situation can occur when a Romanian citizen was married to a foreign citizen, or when both former spouses are Romanian nationals with dual citizenship and were married (and living) abroad.
Irrespective of your family situation, our lawyers in Romania will assist you if you wish to register the divorce pronounced abroad.
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Documents needed for the registration of the divorce pronounced abroad
The registration of a divorce pronounced abroad, in an EU or non-EU country, is done in the case of a Romanian citizen and the procedure can also be performed by a third party, such as a Romanian lawyer, through a special power of attorney.
The following documents are needed to register the divorce with the civil status authorities:
- A copy of the divorce decision issued by the foreign authorities;
- The divorce certificate;
- Statements/information on the former spouse’s decision on the names they will retain after divorce (reverting to the pre-marriage name, or keeping the surname gained through marriage);
- Specific documents, if the divorce was pronounced in a foreign court in one of the former spouse’s absence (such as proof of summons delivery, other documents proving that the missing party was informed of the decision, etc.).
In order to register a foreign divorce in Romania, the documents need to be submitted as original documents, however, the translation of the original documents is also required in the form of a sworn, legalized translation which may or may not be apostilled.
When the parties opt for the registration of their divorce with the civil status authorities, the procedure can have a duration of approximately 2 months, depending on the work backlog recorded by the civil authorities, and depending on whether the former spouses submit all of the needed documents. Any incomplete filings will result in a longer processing time. This is why we recommend that the registration of the divorce pronounced abroad is performed with the help of one of our divorce lawyers.
The civil status authorities with which the divorce registration application is submitted are the ones operating in the applicant’s last place of residence in Romania.
Register a foreign divorce in Romania via a court decision
A divorce pronounced abroad can also be registered in Romania via a court divorce decision. The court that issues this decision is the one serving the area in which the applicant has his or her last place of residence in Romania.
In this case, just as with the divorce registration with the civil authorities, the applicant can submit the application to the court in person or through a power of attorney.
Our lawyers in Romania can offer complete assistance during the registration of the divorce pronounced abroad. We suggest that applicants keep the following issues in mind:
- The registration of the divorce can take approximately 2 months, possibly 3 months in some cases when registered with the civil status authorities;
- For those who choose to register a foreign divorce in Romania via court, the process can be even longer, at approximately 4 months;
- Applicants should reserve the needed time in the country in order to be able to prepare the needed documents; it can take 2 days or more to obtain the sworn, legalized translations for the documents.
Do not hesitate to contact our divorce attorneys in Romania if you need to register a divorce decision pronounced abroad.
Our team assists Romanian and foreign clients with a variety of issues concerning divorce in Romania, immigration, company formation, and more.