1. Jurisdiction: Can I Divorce in Romania?

The substantive jurisdiction of the court is determined according to Regulation (EU) 2019/1111 (Brussels II) in the following order: in the Member State where the habitual residence of the spouses is located, the last habitual residence of the spouses provided that one of them still resides there, the habitual residence of the respondent, etc. If the criteria related to habitual residence are not met, the divorce shall be filed in the Member State of which both spouses are nationals.

Yes — you can file for divorce in Romania if any of the following apply:

• You (or your spouse) have residency or domicile in Romania
• The marriage was registered in Romania
• You both agree to file in Romania (mutual consent)

Romanian courts have jurisdiction even if one spouse is a foreign national, as long as the connection to Romania is clear (residence, citizenship, place of marriage, etc.)

2. Types of Divorce in Romania

There are three main types:

a) Divorce by mutual consent (amicable divorce)

• Can be done at the notary, at the town hall, or in court
• Fastest and least expensive option
• Requires both spouses’ agreement on all aspects (children, name, property, etc.)

b) Contentious divorce (through court)

• Filed when one spouse does not agree to divorce
• Requires proving fault (adultery, violence, abandonment, etc.)
• A judge rules on dissolution, parental authority, custody, alimony, and division of property

c) Divorce based on separation (de facto separation)

• If spouses have lived separately for at least 2 years, either can request divorce
• No need to prove fault — the breakdown is considered irreversible

3. Children: Custody and Parental Rights

If you have children together, Romanian courts will determine:

• Parental authority (autoritate părintească) – usually joint unless exceptional circumstances
• Physical custody (locuința minorului) – the child’s habitual residence
• Visitation schedule for the non-residential parent
• Child support (pensie de întreținere) – calculated as a percentage of the net income

Parental abduction (removing the child from Romania without consent) may trigger international legal consequences under the Hague Convention.

4. Division of Assets

Romania applies the regime chosen at marriage:

• Default: community of property – anything acquired during marriage is shared 50/50
• You may have signed a marriage contract (separate property or agreed distribution)

The court can divide assets as part of the divorce or in a separate case.

5. Applicable Law: Romanian or Foreign?

According to EU Regulation 1259/2010 (Rome III), the spouses may agree to designate the law applicable to their divorce from among the following options:

• The law of the state in which the spouses have their habitual residence at the time of the conclusion of the agreement
• The law of the state in which the spouses had their last habitual residence, provided that one of them still resides there at the time of the agreement
• The law of the state of nationality of either spouse at the time of the agreement
• The law of the forum

Even if Romanian law applies to the divorce, foreign law may still apply to matrimonial property or parental rights, depending on your circumstances.

6. Recognition of Romanian Divorce Abroad

• If the divorce is finalized in Romania, it will be recognized automatically in most EU countries under EU Regulation 2201/2003 (Brussels II bis)
• For non-EU countries (e.g. Switzerland), additional steps (exequatur, legalization) may be required

7. Documents Required

• Passport / ID of both spouses
• Romanian marriage certificate
• Birth certificates of minor children (if applicable)
• Proof of residence in Romania
• Other documents (property deeds, proof of income, etc.)

We Can Help

At Epure & Lohmann SCA, we assist foreign citizens with:

• Divorce proceedings in Romanian courts or by notary
• Cross-border custody and relocation matters
• Recognition and enforcement of Romanian divorce abroad
• Negotiating alimony and property settlements

Need assistance with a divorce in Romania involving a Romanian spouse?