In Romania, obtaining a divorce by administrative or notarial means that the spouses do not have any minor children, born out of wedlock or adopted.

Suppose the spouses have minor children, according to the law. In that case, the divorce can also be certified by the notary public if the spouses agree on all matters relating to the surname to be used after the divorce, the exercise of parental authority over the minor children, the establishment of the children’s place of residence and how the separated parent will maintain personal ties with them. In addition, at the time of the divorce, the spouses will have to agree on the necessary expenses for the children’s upbringing, education, and vocational training.

To the extent that there are issues between the spouses that cannot be agreed upon, either of them can go to court.

Divorce also affects the property of the spouses, so the partition procedure can be carried out in the same process, or it can be carried out later in a separate process. Partition is the division of family property, and in this procedure, each spouse must prove how they have contributed to family life and what they have contributed, both in cash and in kind.

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