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It is a quick and confidential option for those who wish to end their marriage amicably. Divorce through a notary public is a simplified solution, without the intervention of the court, suitable in situations where both spouses agree on all issues, including the surname to be used after the divorce or, if the situation requires it, those concerning minor children.
In the case of a divorce involving minor children, the procedure is different from a simple divorce, as there must be settled essential issues such as the exercise of parental authority by both parents, establishing the minor's residence with one parent, the arrangements for maintaining personal ties between the separated parent and the children, and the contribution to the costs of the children's upbringing, education, schooling and vocational training.

Documents required for divorce proceedings at the notary public

  • Birth certificates of the spouses
  • Identity documents of the spouses
  • Birth certificates of minor children, if any
  • Original marriage certificate issued by the Romanian authorities

Notarial Divorce without Minors – Steps

1. Filing the application for divorce
The spouses file the application for divorce jointly with the notary public, either in person or through a representative authorized by an authentic special power of attorney.

On receipt of the application, the notary public checks that he/she is competent, the identity of the spouses and the necessary documents submitted, as well as the free and unconditional consent of both spouses.

If the spouses wish to keep the same surname after the divorce, they must specify this to the notary.

If there are joint assets – they can be divided separately.

2. Reflection period
After receiving the application, the notary will allow a reflection period of 30 days, period that may not be changed subsequently.

3. Issuing the divorce certificate
On expiry of the above-mentioned period, the spouses appear before the notary public and declare that they insist in their request for the marriage dissolution.

The notary public will draw up the decision of admitting the application for divorce, which will be signed by both spouses. On the basis of this decision, a certificate of divorce will be issued, which will not include information about the grounds for the marriage dissolution. The divorce certificate will record the dissolution of the marriage by the spouses’ agreement before a notary public, as well as the surnames that the former spouses will bear after the divorce.

Notarial Divorce with Minors - Steps

1. Filing the divorce application
The spouses file the application for divorce jointly with the notary public, either in person or through a representative authorized by an authentic special power of attorney.

On receipt of the application, the notary public checks that he/she is competent, the identity of the spouses and the necessary documents submitted, as well as the free and unconditional consent of both spouses and the agreement of the spouses on matters concerning minor children.

If the spouses wish to keep the same surname after the divorce, they must specify this to the notary.

If there are joint assets – they can be divided separately.

2. Reflection period and obligatory formalities
Once the application has been registered, the notary grants a 30-day reflection period during which other necessary procedures are carried out:

a) Psycho-social investigation

  • This is carried out free of charge, through the guardianship authority service of the town hall, at the request of the notary public.
  • It is compulsory, regardless of the minor’s age.
  • it is carried out at the address set by the parents as the child’s home (even if rented).

b) Hearing of the minor (if he/she is at least 10 years old), according to art. 264 of the Civil Code

  • The hearing of the child is mandatory if the child is 10 years old.
  • The minor must be informed about the effects of divorce and his/her rights.
  • The child’s opinion is taken into account according to his/her age and maturity.

c) Conditions for hearing the minor

  • The child is heard in the presence of both parents.
  • At the end of the hearing, the minor signs the statement recorded by the notary, together with the parents.

3. Issuing the divorce certificate

On expiry of the time limit set above, the spouses appear before the notary public and declare that they insist in their request for the marriage dissolution.

The notary public will draw up the decision admitting the application for divorce, which will be signed by both spouses. On the basis of this decision, a divorce certificate will be issued, which will not include information about the grounds for the marriage dissolution. The divorce certificate will record: the marriage dissolution by agreement of the spouses before a notary public, the surnames that the former spouses will bear after the divorce and, where appropriate, the details of the parental consent concerning the children born within the marriage.

The spouses’ agreement on the arrangements for maintaining the personal ties between the separated parent and the child and determining the contribution to the child’s upbringing, education, schooling and vocational training will be authenticated separately by the notary public dealing with the divorce case.

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We provide a full range of notarial services tailored to your needs. With expertise and professionalism, we provide efficient and fair solutions. Choose legal certainty guaranteed by our experience.
Notarial assistance
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