Generally, the date of the dissolution of marriage is represented by the date when the decision pronouncing the divorce remained final.
In case of divorce by consent of spouses who have no minor children, marriage is dissolved after the divorce certificate is issued.
The marital regime will cease on the date of the divorce application, but either spouse may ask the court, in case of divorce by consent, to set the termination of the marital regime at the date of the separation in fact.
If a spouse dies during the process of divorce and his heirs continue the divorce, the law stipulates that the date of the marriage dissolution will be the date of death.
Regarding the types of effects that divorce causes, they are effects on property relations between spouses, effects on non-property relations between spouses and divorce effects on the relationships between parents and their children.
The effects of divorce on non-property relations concern the family name after marriage and the rights of the divorced spouse. Thus, in the absence of an agreement between spouses or a declaration of court regarding the reasons to keep the name during the marriage, each spouse will return to the name given before concluding the marriage. Also, divorce is deemed ruled against the spouse whose exclusive fault caused the divorce and that spouse will lose the rights acquired by law or by agreement concluded earlier with third parties. In case of common fault or the divorce through common consent, these rights are preserved.
Regarding economic relations, divorce takes effect regarding numerous aspects. Acts of alienation and encumbrance of real rights which concern the common goods or those that give rise to obligations for the community, signed by one spouse after the filing of divorce are voidable far as they have been concluded in fraud of the other spouse.
The innocent spouse who suffered injury through the dissolution of marriage may require the other to pay damages and will be different from the performance of compensatory benefit, benefit belonging to the spouse when the divorce is pronounced due to the exclusive fault of the defendant spouse, in order to offset the significant imbalance caused by the divorce. However, the compensatory gain can be granted only if the marriage lasted at least 20 years.
Another effect of divorce on the property relations between spouses regards the cease of the obligations to maintain each other. However, the divorced spouse is entitled to maintenance under certain conditions stipulated by law.
In this case, the guardianship court is the one that will decide upon such relationships on specific considerations and interests of children, the psychosocial investigation report or the parents’ agreement. Usually, parental authority will belong to both parents. However, the child's best interest can argue the court's decision to grant parental authority to only one parent, following the other to reserve the right to supervise the child’s growth and education and to consent to the adoption.
In exceptional cases, the court may pronounce the placement of the child to a relative, in another family, an individual or organization for protection under certain conditions.
In terms of housing the child after divorce, the court, on the grounds of the child’s higher interest, may conclude that he/she has to live with a parent or other relatives, or even other people or a care institution. The Parent or parents who don’t live with their children have the right to have personal ties to them.
The guardianship court will rule on other issues as well, such as the contribution of each parent to the costs of education, growth, learning and training, and on maintenance obligations.
Family law represents an area of expertise for the team of lawyers within the law firm Darie, Manea & associates. You can contact us anytime for any legal advice that you may need on the matter. Our lawyers will provide complete information and optimized solutions, and representation before the judicial authorities.