We take some decisions at certain times in our lives that seem the most appropriate, but there are often situations in which those decisions can no longer be applied. This is also the case of marriage. If there are good reasons for it to be dissolved, a divorce will be pronounced.
What are the circumstances in which a divorce can take place?
In Romania, according to art. 373 of the Civil Code, a divorce can be pronounced when:
- there is the agreement of both spouses, at the request of one (accepted by the other) or of both
- the marriage can no longer be continued due to good reasons that seriously affect the relations between the spouses
- there is in fact a separation of at least 2 years, even one of the spouses can make a request
- one of the spouses has a health condition that makes it impossible to continue the marriage, at his request
What is a divorce pronounced through a judicial way?
In this situation, according to art. 374 of the Civil Code, the court will take note of the request of the spouses, with the existence of an unwavering consent. It is not relevant facts like the length of the marriage or whether there are minor children resulting from the marriage.
How about a divorce pronounced through an administrative way?
Yes, it is possible if certain conditions are fulfilled, according to art. 375 Civil Code.
In this case, the civil status officer will play an important role, as he will have to make sure that both spouses agree and that there are no minor children from marriage or out of it (namely they were born and conceived before the marriage) or adopted.
The civil status officer at the place of marriage or at the last common residence of the spouses will also be competent. For example, if the marriage was officiated in Bucharest, Civil Status City Hall of 2th Sector, then that will be the place of marriage. If the spouses had the last common domicile in Bucharest, 5th Sector, then they can also go to the Civil Status City Hall of 5th Sector.
From the moment the application is submitted, the civil status officer will give a period of 30 days, during which time the spouses will think very carefully whether they will take this step or not. If the answer is yes, then the divorce certificate will be issued.
Can a marriage be dissolved by a notary?
Of course, the difference between a divorce declared by a civil status officer and a notary is that the last can decide even if there are minor children from marriage, out of it or adopted.
The competent notary is the one from the place of marriage or the last common residence of the spouses.
However, the following aspects will not be overlooked, because the notary will have to verify if the spouses have agreed on them, according to art. 375 para. (2) Civil Code:
- the family name they will bear after the divorce
- the exercise of parental authority by both parents
- establishing the children’s home after divorce
- how to keep the personal ties between the parent and children
- establishing the parents’ contribution in connection with the expenses of upbringing, education, etc.
The notary will also also 30 days to reflect on the decision.
How can one of the spouse divorce if it’s his fault?
According to art. 379 of the Civil Code, the court may pronounce a divorce for fault in the two situations mentioned above, namely:
- if there are good reasons the relationship between the spouses cannot continue, in which case the fault of one of the spouses or common fault will be established, depending on the evidence administered
- if there is in fact a separation of at least 2 years, it will be decided through the fault of the person bringing the action (the plaintiff) only if the defendant does not agree with the divorce
For example, X lives in an apartment in Suceava, and Y in an apartment in Iasi, being married and having been separated for at least 2 years. X will file for divorce for this reason, as the plaintiff, and if all the conditions are found to be met, the divorce will be pronounced through X’s fault. If Y agrees to the divorce, then no further fault will be mentioned.
If the spouse is not the one whose health condition is affected, what can be done?
In order to be able to request a divorce based on the health reason, it is necessary for the sick person to file it. Of course, it can be requested by the other spouse, but not for this reason.
It is important to know that the disease must have occurred during the marriage (mental alignment / weakness).
What if the husband is a foreign citizen?
Usually, the spouses can choose which legislation will be applicable in case of divorce, but, if they do not do it, within art. 2600 Civil Code are provided, in scale:
a) the law of the State in whose territory the spouses have their common habitual residence on the date of filing for divorce
b) if it cannot be determined, then the law of the state in whose territory the spouses had their last common residence, if at least one of the spouses still has his habitual residence in the territory of that state at the date of filing the divorce application
c) if it cannot be determined, the law of the common citizenship of the spouses at the date of filing the divorce application
d) if there is no common citizenship, the law of the last common citizenship of the spouses, if at least one of them retained this citizenship at the date of filing the divorce application
e) Romanian law, in all other cases
For example, if it’s desired to dissolve a marriage between a Romanian citizen and a foreign one, having the common habitual residence on the territory of Romania, the Romanian law will be applicable.
Content Creator R&R Partners Bucharest
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