Divorce by husband's consent in Romania - Quick Consulting

Divorce by husband’s consent to marital status

– is also called divorce by the spouses’ agreement on the administration; or in the current speech people call this kind of divorce, “divorce at the City Hall”

Foundation

-this divorce is an application of the principle of symmetry of forms; as the marriage ends in front of the civil status officer on the basis of the consent of the spouses; so divorce can be obtained. However, the special conditions provided by the law must be observed.

Admissibility conditions

-the free consent of the two spouses

– There is no need to have minor children of spouses

Spreading the consent of the spouses

– must necessarily look at the divorce itself; as well as its effects on the names that the wives will wear after divorce.

-Soons can agree to keep the name worn during marriage or to take every name before marriage.

– if the husbands understand about divorce but do not understand about the name; the civil status officer will give a decision rejecting the divorce request; will guide the spouses to address the court.

-requiring the divorce application; is explained by the fact that the name solution must be established with the demand for divorce as an immediate effect.

– if the spouses do not understand the accessory requests, they will be settled by the court (home, compensatory benefit, maintenance pension)

Procedure

– the marital status officer is competent at the place of the marriage or the last common dwelling

– the divorce request is filed by both spouses, it can not be by the trustee

-the marital status officer records the request and gives them a 30 day reflection

– on expiry of this term the husbands are present in front of the civil status officer; he breaks off the marriage on the basis of the consent that will be verified to be free and unwise

-when divorce husbands divorce the marital status officer frees the divorce certificate without mentioning the husband’s fault

Mention in the act of marriage

– when the divorce request is filed at the place where the marriage ended; the civil status officer will make mention of the marriage act

– in case the application is submitted to civil status in the territory of the last spouses’ last domicile; the civil status officer issues the divorce certificate; forward a certified copy of it to the mayoralty of the place where the marriage ended.

Divorce by husband consent by notary procedure

-constitutes one of the innovations of the Civil Code, the solution being in principle compatible with the non-contentious, graceful nature of the notarial procedure.

Admissibility conditions

– there are no special conditions

– It is also allowed when the wives have children

Spreading the husband’s agreement

-the husband’s agreement must look at both the divorce and some aspects of the accessories; the surname to be worn by divorced spouses and if there are minors; aspects relating to the exercise of parental authority such as:

Joint exercise of parental authority
establishing the minor’s home
how to keep personal ties between the separated parent and each of the children
establishing parents’ contribution to children’s education and care (maintenance pension)

Procedure

– Competence belongs to the public notary at the place of the marriage or the last common house of the spouses.

– the divorce request is filed by both spouses, and the notary gives them a 30 day reflection

-The request can also be filed by a trustee through an authentic power of attorney

-the expiry of the 30-day spouses are presented personally; the notary public checks whether the spouses are going to divorce and if the cosmos is free and unwise

If children are minors:

– there must be a social investigation report; from which it follows that the spouse’s agreement is in the best interests of the child.

-The child’s hearing is mandatory if he / she is at least 10 years of age

Finally

-the admission of the divorce request; if all the conditions are met, the notary issues the divorce certificate.

-the note will issue a copy of the divorce certificate to the marital status where the marriage took place. The Marital Status Officer will mention the act of marriage.

– if the divorce conditions are not met by administrative means; both the notary and the civil status officer may reject the divorce request.

Divorce by marriage agreement by court

-can be pronounced irrespective of the length of marriage and whether or not there are children.

-the court is obliged to verify the existence of the free and unjustified consent of each husband.

Spreading the husband’s agreement

-Soons can give their consent to all aspects of divorce

-sons can agree on divorce; and for the other heads of claim leave the court to decide.

Divorce based on common husband request

-The request is signed by both spouses or by a special proxy. if the trustee is a lawyer, he will certify the husband’s signature

-the court will verify the existence of the consent of the spouses; after solving the request in the council chamber

Divorce based on the request of one of the husbands accepted by the other husband

– when the divorce request is made on the basis of the culprit of the spouse; and he acknowledges his deeds, the court will undo the marriage without investigating or making a statement about the guilt.

– if the claimant does not agree with the divorce, the application will be settled according to Article 934