A divorce can have an element of strangeness when the spouses have different nationalities, live in different states, or got married abroad. The answer is not determined solely by one of the spouses’ Romanian citizenship. The competent court, the applicable law for the divorce, and, if there are children, the court that can decide on measures regarding them must be analyzed separately.
The jurisdiction of the court and the applicable law are different matters
Jurisdiction shows whether the courts of a state can resolve the case. The applicable law shows which rules govern divorce. A Romanian court may have jurisdiction, but the rules of private international law may indicate the application of a foreign law. Nor does the place where the marriage was celebrated determine where divorce can be entered into.
When can Romanian courts judge the divorce?
For actions initiated since August 1, 2022, the starting point in the participating Member States is Regulation (EU) 2019/1111, known as Brussels II ter. For proceedings initiated earlier, the transitional rules and the instrument applicable at that time must be verified. Article 3 provides for several alternative criteria, related, among other things, to the habitual residence of the spouses and to common citizenship. Thus, Romanian jurisdiction may exist, depending on the situation, if both spouses are Romanian citizens, if the defendant has habitual residence in Romania, or if the claimant meets the residence and duration criterion provided for by the regulation. Regulation (EU) 2019/1111.
The habitual residence is not always identical with the domicile in the identity document. What matters is the place where the person has effectively established the center of their life, analyzed according to circumstances such as housing, work, and personal connections. A recent move does not automatically meet the criteria for permanence.
If one of the spouses lives outside the European Union
The presence of a third-state does not automatically exclude the application of European jurisdiction criteria. The court first checks the regulation, including whether one of its criteria is met. If it does not assign jurisdiction to a court from a member state, national rules and applicable conventions may become relevant within the limits of the regulation. The situation must be examined according to the state involved, the citizenship and residence of each spouse, as well as the date of the application.
After the international jurisdiction of the Romanian courts is established, the competent court is also identified according to the internal procedural rules. There are two distinct checks.
Which law applies to divorce?
In Romania, Regulation (EU) No. 1259/2010, called Roma III, is relevant for determining the applicable law in the field of divorce. Under certain conditions, spouses may choose one of the laws accepted by the regulation through a convention that meets its requirements. In the absence of a valid choice, the connecting criteria provided by the regulation apply, in which habitual residence and, as the case may be, citizenship can be taken into account. Regulation (EU) No 1259/2010.
The applicable law for divorce does not automatically govern all related claims. Parental responsibility, child support, and property regime may be subject to separate rules. Therefore, claims filed together must be analyzed separately.
What documents may be required for a marriage concluded abroad?
Depending on the request, identity documents, the marriage certificate issued abroad, and documents regarding citizenship and habitual residence are useful. If there are children, their birth certificates may also be required. For foreign documents, the requirement for authorized translation and the regulations for apostilization or legalization must be verified. The requirements depend on the issuing state, the type of document, and the applicable conventions; not every foreign document must be apostilled.
If one of the spouses is a Romanian citizen, it may be necessary to verify the registration of the marriage in the Romanian civil registry. This administrative formality is distinct from the jurisdiction of the divorce court.
Who decides on the measures regarding the child?
The jurisdiction for divorce does not automatically entail jurisdiction for all measures concerning the child. In matters of parental responsibility, Regulation (EU) 2019/1111 generally starts from the habitual residence of the child, with the exceptions provided for in the regulation. The court must separately verify whether it can decide on the child’s residence, parental authority or personal ties. In relations with a third state, the 1996 Hague Convention may be relevant, if it applies between the involved states.
Child maintenance is a separate matter, governed by its own instruments, including Regulation (EC) No 4/2009. Regulation Brussels II ter does not itself determine the competent court for child maintenance.
Recognition in Romania of a divorce pronounced abroad
Decisions from an EU member state
In the scope and conditions of the applicable European regulation, divorce judgments issued in one member state are, in principle, recognized in the other member states without a special procedure. However, documents and administrative formalities may still be required for the entry of the mention in the civil status registers. Denmark and the transitional situations must be analyzed separately.
Decisions from states outside the EU
There is no single solution for all third-party states. First, it is verified whether there is an applicable convention; then, the Romanian rules of private international law apply. The Code of Civil Procedure provides, in certain situations, the full recognition of decisions regarding personal status, while in other situations a request for recognition may be required at the court. The parties’ citizenship, the state where the decision was rendered, its final nature, the right to defense and any legal grounds for refusal are all factors to be considered. The recognition of the decision and the entry of the divorce in the civil status documents are distinct stages. Code of Civil Procedure, provisions regarding the recognition of foreign judgments.
Frequently asked questions
Can I get divorced in Romania if I got married abroad?
Yes, if the Romanian courts have jurisdiction according to the applicable criteria. The place of celebration of the marriage does not alone determine the jurisdiction.
Is it enough to have Romanian citizenship?
Not always. The criterion of the competent authority invoked, the situation of the other spouse, habitual residences and the date of filing the application matter.
Does the divorce court automatically decide for the child as well?
No. The jurisdiction for child-related measures and maintenance is verified separately.
Should any divorce decision outside the EU be recognized by the court?
No. Some decisions can be fully recognized under the law or the applicable convention; for others, a judicial procedure is required.
Conclusion
In international divorces, citizenship, habitual residence, the date of the action and the state that issued the judgment can change the answer. An individual analysis before choosing the court or using the judgment in Romania helps identify the necessary rules and documents.
Note: The article provides general guidelines and does not replace the legal analysis of a specific situation.
Discuss the situation of your family
For the evaluation of documents and representation options, see the service of lawyer for divorce. If there are children, consult them as well. assistance regarding the maintenance pension. It mentions the countries where the spouses and the child live, as well as any proceedings that have begun. Appointments: 0732.710.701.
