Divorce in Romania - Quick Consulting

Divorce

Unlike the right to marry, the right to divorce is not protected by the ECHR.

Any state can adopt a regulation that forbids divorce. There has been a question of breaking the right to marry by banning divorce. The answer of the European court was negative, it does not recognize the right to divorce.

Divorce systems

a) divorce remedy – which is not conditional on the fault of one of the spouses at the dissolution of marriage, but the impossibility of continuing the cohabitation

b) divorce sanction – which is pronounced as a sanction for the culpable deed of one of the spouses. Divorce can not be pronounced against the innocent husband. It can be obtained even when marriage has not become impossible. The condition is the culpable conduct of one of the spouses.

c) the mixed concept – which combines the two systems, ie it also presupposes a culpable act of one of the spouses and the impossibility of continuing marriage.

Our legal system through the Civil Code embraces the mixed concept.

Divorce regulation

Since 2011, the Civil Code goes further with the idea of ​​amicable divorce. It was possible to carry it out by notary, even if there were children.

At that time, a new divorce case was settled by court. At the request of one of the spouses after a separation in fact of at least 2 years, on the sole fault of the applicant.

In the new Civil Code, the divorce remedy was developed, this amicable divorce, by relieving the courts. If the parties understand every aspect, the divorce can be done by the exclusive notary.

Cases of divorce

According to art. 373 of the Civil Code, the divorce may take place: by the consent of the spouse, at the request of both spouses or of one of the husbands accepted by the other husband; when due to good reasons the spouses’ relations were severely affected and the continuation of marriage is no longer possible; at the request of one of the husbands assuming their exclusive guilt after a split in fact that lasted at least 2 years; at the request of one of the spouses whose state of health makes it impossible to continue marriage.

The reasons for divorce are quite popular:

-napposition of characters

-the separation of the husband’s roads

-differences of moral values

– simply, the wives are no longer willing to continue their marriage

Divorce by husband’s consent

-to the administrative route (to the civil status or to the City Hall as it is spoken in popular language)

-the administrative path to the notary

-the court case (at the court)

Divorce based on guilt

– Divorce based on solid reasons

– divorce for separation in fact at least 2 years

What happens after marriage?

Non-patrimonial effects

– the exact date of the divorce (the date on which the court’s decision was final)

– the names of the spouses after marriage (it returns to the name before marriage if the parties do not decide otherwise or on demand keeping the name after marriage)

-capacity of exercise (16-year-old minor loses exercise capacity if he was in bad faith)

– the mutual obligations of the spouses (between

– One of the spouses can have some effects on him

Patrimonial effects

-checking the matrimonial regime

– the right to compensation (after the situation if a harm is suffered by the innocent spouse)

-compensatory benefit (if the innocent spouse is affected by the way of life)

– the right to inheritance ceases after the marriage is dissolved

Effects between parents and children after marriage; parents’ obligations towards children remain unchanged.

Tips and opinions

To make the divorce procedure more efficient, we can recommend our law services. Under no circumstances is the presence of a lawyer mandatory but effective. The civil status and the notary may seem almost useless but you can be easily fooled if you are not familiar with the legal field. You can first agree with certain aspects whose consequences you do not foresee.

In case of representation in the court, things are much more complicated. Any Omk is free to stand alone in the courts. But no one will help you, when you file a petition to the court and until pronounce you need to know what to do.

Often, a lawsuit may be lost from submitting a misdirected request or some form errors. A call to sue is not a standard. You have to make a composition according to a certain format, adhere to certain standards and rules of formulation. I do not refer to an elevated or legal language, I refer to rules that are learned in specialized faculties.