Divorce by agreement
Divorce by agreement before a notary requires both spouses' consent and checks of the procedural requirements. At Aequitas Cotroceni in Bucharest, we explain the necessary documents and steps, including where there are minor children.
The guidance on this page is in English. Downloadable PDF checklists are currently in Romanian.
Preparing a divorce by agreement
Before the application is filed, we check the office's jurisdiction and the spouses' documents. Tell us where the marriage took place, the last shared residence and whether you have minor children.
It is important to discuss surnames after divorce in advance and, where there are minor children, the terms of the parental agreement. The office explains the documents and checks required in your circumstances.
Documents to prepare your request
- The original marriage certificate.
- The spouses' birth certificates and identity documents.
- The birth certificates of any minor children.
- Attendance in person or, when filing the application, through a representative with a special authenticated power of attorney.
The statutory period is 30 days. A psychosocial assessment is required where there are minor children.
Download PDF (Romanian)How the process works
- Send the documents available and information on the marriage, last shared residence and any minor children.
- We check jurisdiction, the documents and procedural requirements, and arrange an appointment to file the application.
- Once the application is registered, the statutory 30-day reflection period begins. Additional checks are carried out where there are minor children.
- At the conclusion of the procedure, both spouses attend personally to confirm their consent, as required by law.
Frequently asked questions
Do both spouses have to agree?
Yes. Notarial divorce is a procedure by agreement. The office also checks the agreement on surnames after divorce and the requirements relating to any minor children.
Can we divorce before a notary if we have minor children?
Yes, if the legal requirements are met, including agreement on parental authority exercised by both parents, the children's residence, personal contact and maintenance contributions. Checks relating to the children's interests are required.
Can we be represented under a power of attorney?
The application may be filed through a representative with a special authenticated power of attorney. Both spouses must attend personally when the divorce is concluded.
Is the divorce completed on the day the application is filed?
No. Registration of the application is followed by a statutory 30-day reflection period. The office will tell you the appointment date and the conditions for completion.
Does the divorce include division of assets?
Division of assets and settlement of the matrimonial property regime are assessed separately. If you also require these deeds, mention this and send the asset documents at the outset.
How do we find out the cost and arrange an appointment?
Send the documents available and indicate whether there are minor children. The office will explain the file requirements, applicable costs and appointment arrangements.
Related procedures
Agreement concerning minor children · Partition between former spouses · Settlement of the matrimonial property regime
