There are a few important things that every foreign national needs to know about marriage in Romania. Either if you want to get married in Romania, or you already got married abroad and want to register your marriage to the Romanian authorities as well, we explain below some important aspects about marriage that you would want to keep in mind while living in Romania. You will certainly find very useful de following information.
Marriage taking place in Romania
In what regards marriage on Romanian territory, you may want to know that the Romanian authorities legally recognize only those civil ceremonies that take place and are formalized in any Romanian City Hall Office of the locality where one of the future spouses lives.
As per the Romanian religious orthodox tradition, there are many couples who decide to have a religious ceremony after the civil ceremony. Yet, you have to know that the religious ceremony is not mandatory. On the other hand, if you really want to do it, you can do it on any other day than the civil ceremony. It doesn’t have to be in the same day with the civil ceremony.
The religious ceremony generally takes place at a local church. There are also priests who accept to formalize the marriage in other places than a church. However, you have to speak to them before to ensure they accept it, and arrange for the ceremony in time.
There is a list of documents that you need to prepare in time, so that the City Hall Office can formalize your marriage with a Romanian citizen. These documents are:
Other documents may be required by the civil officer if he/she deems it necessary.
If you want to schedule the marriage ceremony for a certain date, you must submit the marriage request file to the city hall with at least 2 weeks before the desired date of the marriage.
Marriage outside Romania
If you got married in your home country and need to get a Romanian marriage certificate as well (issued by the Romanian authorities), you don’t have to organize for a marriage ceremony in Romania. You just need to apply for a transcription of your marriage certificate which was issued by your home country authorities.
The transcription of the marriage can be done at the same city hall (where the Romanian spouse resides in Romania). Alternatively, if you are not already in Romania, then the transcription application can be submitted also to the Romanian consular section in your home country, and where you got married.
The following are the main documents that must be part of the transcription application file:
Does Romania recognize partnerships or other forms of informal cohabitation?
As per the Romanian civil law, civil marriage is the only valid form of marriage, legally recognized by the Romanian state. So, this actually means that any type of common-law marriage, partnership or cohabitation, or religious marriage is not legally valid.
From a religious perspective, the marriage can be celebrated according to the desired rites of the spouses, only after the civil ceremony has taken place.
Who can get married in Romania?
Romanian authorities are opened to marriages between anyone, regardless of their nationality, religion, or skin color. Yet, at this moment, Romania only allows heterosexual, monogamous marriages. This means that one cannot legally conclude a second marriage if he/she is already married, nor a marriage of the same sex in Romania. There are a few basic conditions that apply for a marriage to be able to take place. These conditions are:
- At least one of the future spouses must be resident or domiciled in Romania;
- Both future spouses are at least 18 years old, and do not suffer from any diseases that could endanger public health;
- Both future spouses are single, widowed, or divorced.
Divorce in Romania
According to Article 38 from the Romanian Family Code, a marriage can be ended through a divorce in two ways. There is a friendly divorce by mutual agreement and judicial divorce (in court). A friendly divorce is the most advisable way to solve divorce. From a procedural perspective, a friendly divorce can be done:
In both cases above there is a legal term of 30 days within which the spouses have the time to reflect and take a final divorce decision. Only after the expiration of this term can the divorce process be finalized.
To start a divorce procedure in court, you must file a ‘’Petition’’ in the court of the last common residence in Romania, in the case at least one of the spouses resides in that jurisdiction. If not, then the ‘’Petition’’ must be filed with the court of the defendant’s domicile. There are no specific rules for foreigners when it comes to divorce.
The Romanian divorce law applies even in those cases where one of the spouses is an expat. The period of time for finalizing the divorce depends on the chosen procedure. However, it may vary between 60 days and 3 months. As regards the judicial procedure, the divorce’s duration depends on various factors such as the grounds for divorce and whether one of the spouses is at fault or not.
It is also important to know that the spouses can agree to keep their married name after the divorce. From reasons justified by the interest of one of the spouses, the court may consent to the spouses keeping their married name, even in those cases when there is no agreement between the spouses. In case no agreement has been reached in this sense, then each of the former spouses must revert to their name before the marriage.
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