Foreign Divorce Recognition in Romania (2025)

Foreign Divorce Recognition in Romania (2025)

A couple stands in front of a courthouse, looking confused.

Global mobility has transformed personal relationships.

Each year, thousands of Romanian citizens discover that divorcing abroad doesn’t automatically update their marital status in Romania.

Without official recognition, they face legal and administrative obstacles affecting property rights, remarriage plans, and identity documents.

This comprehensive guide explains how to recognize a foreign divorce in Romania, covering:

  • Legal framework under the Romanian Civil Code,

  • Differences between EU and non-EU divorce recognition,

  • Document requirements and apostille procedures,

  • Judicial process (exequatur) for non-EU divorces,

  • Common challenges and how to overcome them,

  • Practical steps for registration with Romanian authorities,

  • Legal support options for citizens in Romania and abroad.

For those considering marriage, reviewing prenuptial agreements in Romania can help avoid future legal complications in cross-border cases.


Why is foreign divorce recognition necessary in Romania?

A couple is sitting at a table with documents in front of them.

If you were married in Romania or are a Romanian citizen, foreign divorces are only valid where issued—unless formally recognized by Romanian authorities.

Without recognition:

Recognition aligns your legal records with your actual marital status, ensuring compliance with Romanian law.


What laws govern foreign divorce recognition in Romania?

A stack of international law books on a table.

The Romanian Civil Code and Civil Procedure Code regulate this process.

Recognition depends on the divorce’s origin:

  • EU Member States – benefit from simplified recognition under Regulation (EC) 2201/2003,

  • Non-EU Countries – require judicial recognition via the exequatur process,

  • Special Bilateral Treaties – may simplify or alter standard requirements.

The Romanian Civil Code also addresses related matters such as the recognition of paternity when relevant to family status updates.


How does automatic vs. judicial recognition work?

Two people are shaking hands in front of a courthouse.

Romania applies two distinct mechanisms:

Type of RecognitionUsed ForProcedure
Automatic recognition (de plin drept)Personal status matters of Romanian citizens abroadNo court proceedings required; administrative registration only
Judicial recognition (pe cale judecătorească)Complex cases involving property or custody, and most non-EU divorcesCourt validation through exequatur

What’s the difference between EU and non-EU divorce recognition?

A person reads a legal book titled

EU divorces

  • Governed by Regulation (EC) 2201/2003,

  • Recognition is automatic with a standardized certificate,

  • No apostille or legalization required,

  • Saves time and avoids lengthy court proceedings.

Non-EU divorces

  • Require exequatur judicial process,

  • Must prove decision aligns with Romanian public policy,

  • Need apostille certification (if from Hague Convention country),

  • Must submit certificate of finality from issuing court.


What documents are required for foreign divorce recognition?

A folder labeled

Document TypeEU DivorceNon-EU Divorce
Divorce DecreeOriginal or certified copyOriginal with Apostille
Birth CertificatesRequiredRequired with Apostille
Marriage CertificateRequiredRequired with Apostille
Certificate of FinalityEU regulation certificateCertificate of Non-Appeal
Power of AttorneyIf representedIf represented

Additional rules:

  • All foreign judgments must be translated by an authorized Romanian translator,

  • Translations must be notarized in Romania,

  • Some cases require a statement on post-divorce name change.


What is the exequatur procedure for non-EU divorces?

A couple sitting at a table with a lawyer discussing papers.

The exequatur process ensures a foreign divorce decree meets Romanian enforcement standards.

When required:

  • Divorce from a non-EU country,

  • Applicant did not have dual citizenship at time of divorce.

Jurisdiction:

  • File at the tribunal where the opposing party lives,

  • If no jurisdiction, file at the Bucharest Tribunal.

Documents needed:

  • Certified copy of foreign decision,

  • Proof it’s final and binding,

  • Proof both parties were legally notified,

  • Documents under Article 1096 Civil Procedure Code.

Processing time:

  • Standard cases: 3–6 months,

  • Complex cases: 6–9 months,

  • Missing documentation: up to 12 months.


What are the apostille requirements?

A person is filling out a form at a desk with a pen.

Countries in the Hague Convention must issue an apostille confirming the authenticity of your divorce documents.

  • Obtain from the competent authority in the country of issuance,

  • Required for divorce decree and certificate of non-appeal,

  • After apostille, documents must be translated and notarized in Romania.


Step-by-step process for registering a foreign divorce in Romania

Two people discussing papers at a desk.

  1. Collect required documents (see above),

  2. Authenticate documents – apostille or legalization as applicable,

  3. Translate via authorized Romanian translator,

  4. Notarize translations in Romania,

  5. Submit application:

    • In person at the local Mayor’s Office – Vital Statistics Department,

    • Or via Romanian Consulate if abroad,

  6. Update civil status registry to reflect new marital status.


What challenges might you face?

A person looks confused while holding a stack of legal documents.

  • Reciprocity rule – Some countries require mutual recognition agreements,

  • Notification proof – Courts demand proof the other spouse was properly informed,

  • Document compliance – Incorrect apostille or missing translations cause delays,

  • Family changes like modifying child custody arrangements can be harder without updated civil status.


How can a Romanian family lawyer help?

A Romanian lawyer sits at a desk with legal books and documents.

Benefits:

  • Navigating complex administrative & judicial requirements,

  • Avoiding document rejection due to technical errors,

  • Faster processing via correct submissions,

  • Representation via power of attorney for citizens abroad.

Typical lawyer timelines:

  • Document preparation: 3–5 days,

  • Court representation: 2–4 months,

  • Authority liaison: 1–2 weeks.

What is the recognition of foreign divorce in Romania?

The recognition of foreign divorce in Romania refers to the process by which a divorce judgment issued by a foreign court is acknowledged as valid within Romanian territory.

This involves ensuring that the foreign divorce decree meets the necessary legal standards set by Romanian law, allowing it to be enforced and registered in Romania.

How can I register a foreign divorce in Romania?

To register a foreign divorce in Romania, you must present the divorce judgment to a Romanian court along with required documents, such as a translation of the judgment into Romanian.

The court will review the case to ensure that the foreign divorce complies with Romanian legal standards before issuing a registration of the divorce.

What are the procedures for recognition of a foreign judgment in Romania?

The procedure for recognition of a foreign judgment in Romania typically involves filing a petition with a Romanian court, providing the foreign judgment, and any necessary translations.

For instance, the court will assess whether the judgment can be recognized based on criteria such as jurisdiction and compliance with Romanian laws regarding family matters.

Do I need a lawyer to help with the recognition of foreign divorce judgments?

While it is possible to navigate the recognition process independently, hiring a lawyer in Romania who specializes in family law can be beneficial.

Romanian lawyers can guide you through the legal intricacies, ensuring that all documentation is properly prepared and submitted, which can significantly expedite the process.

What happens if the foreign divorce decree is not recognized in Romania?

If a foreign divorce decree is not recognized in Romania, it means the dissolution of the marriage is not legally valid within Romanian jurisdiction.

This could lead to complications, particularly with matters such as property division or custody arrangements.

It may be necessary to initiate divorce proceedings in a Romanian court to achieve a valid legal dissolution.

Can a foreign citizen file for divorce in Romania?

Yes, a foreign citizen can file for divorce in Romania if they meet certain criteria, such as having residence in Romania or if the marriage was performed in Romania.

The divorce procedure in Romania will depend on various factors, including the couple’s last domicile and the jurisdiction of the Romanian court.

What are the obligations regarding the recognition and enforcement of foreign court decisions in Romania?

Obligations regarding the recognition and enforcement of foreign court decisions in Romania include ensuring that the judgment does not violate Romanian public policy and that it is enforceable in the issuing state.

Parties seeking enforcement must follow the proper legal channels to ensure compliance with Romanian law.

What is the role of Romanian attorneys in the recognition of foreign divorce decrees?

Romanian attorneys play a crucial role in the recognition of foreign divorce decrees by providing legal advice, preparing necessary documentation, and representing clients in court proceedings.

They help ensure that the foreign divorce is recognized according to Romanian legal standards and assist in navigating the complexities of family law.

What is the process for the recognition of foreign divorce in Romania?

The recognition of foreign divorce in Romania involves several steps.

First, the foreign divorce decree must be translated into Romanian and then apostilled if it was issued in a country that is part of the Hague Convention.

Once the divorce decree is properly translated and apostilled, the Romanian citizen must submit an application for recognition to the competent Romanian municipality.

The recognition of the foreign court’s divorce decision is crucial, as it allows for the enforcement in Romania.

This process may require the assistance of a law firm in Romania to navigate the legalities and ensure compliance with Romanian legislation.

How can a Romanian citizen enforce a foreign divorce decree in Romania?

To enforce a foreign divorce decree in Romania, the Romanian citizen must first ensure the decree is recognized by the Romanian courts.

This involves an application for recognition of the foreign judgment, which must demonstrate that the divorce was pronounced according to the laws of the foreign country .

Also, the applicant’s last domicile was in Romania at the time of the divorce.

The enforcement in Romania typically follows an exequatur process, where the foreign divorce decree is formally recognized.

It is advisable to engage attorneys in Romania to facilitate the registration of this divorce and to guide through the court proceedings in Romania.