Foreign nationals who are looking for information about international divorce can read below the answers given by our Romanian lawyers. For more details, you can reach out to us.
Of course. Romanian private international law establishes, under the provisions of the New Civil Code, within Articles 2597-2602, the conditions in which spouses may choose the law to govern their divorce, where this possibility appears. The New Civil Code absorbed the provisions found in the draft Regulation (EU) no. 1259/2010 implementing a system of cooperation in the area of the laws applicable to the divorce and limited divorce, known as the "Rome III". Our lawyers in Romania specialized in divorce can provide more details on the governing laws.
Art. 2597 thus provides that spouses may choose, by mutual agreement, one of the following laws to govern their divorce:
The agreement regarding which law to govern the divorce can be registered (or modified) until the date of referral to the authority competent to pronounce the divorce, but if the divorce is done before a Court of law, the authorities can receive proof of an agreement between spouses at the latest until the first hearing at which the parties were duly summoned.
It is useful to know that the agreement regarding the law applicable to divorce agreement needs to be concluded in writing, dated and signed by the parties. The experts at our law firm in Romania can assist during this step.
In this case, the public internation law establishes that the law applicable to the divorce will be determined objectivele and thus will be:
There is also the situation where foreign law determined according to the rules above or chosen by the spouses does not allow the divorce or permits it in extremely restrictive conditions. In this case, Romanian law will apply if one of the spouses is a Romanian citizen or is ordinarily resident in Romania at the date of the request for divorce. If this is the case, our lawyers in Romania are ready to assist.
The New Civil Code provides for the possibility of divorce by unilateral termination. However, Article 2601 entitled "Recognition of the divorce by unilateral termination" found in the New Civil Code establishes a golden rule, namely that the act that was drafted abroad and which expresses the unilateral will of a man to undo the marriage, without the law of that certain Stat having recognized the same rights to women, will not be recognized in Romania. If this is the case, the experts at our Romanian law firm who specialize in litigation can asisst.
Exceptions to this rule require meeting certain conditions, namely: the act complies with all the conditions of substance and form prescribed by the applicable foreign law, the woman accepted freely and clearly this method of dissolution of marriage and there is no other reason for the non-recognition in Romania of the decision of dissolution of marriage in this manner. Our lawyers in Romania can provide more details about the applicable exceptions.
If you require specialized legal assistance or advice in matters of international divorce, do not hesitate to consult the list of attorneys within the law firm Darie, Manea & associates. The experts at our law firm in Romania will provide relevant information in this field, if you decide to contact us, and they will guarantee competent legal counseling.