The procedure for transcribing civil status documents in Romania – marriage and divorce – is an administrative procedure that is regulated by both national and international provisions.
To begin with, we make a clear distinction between the registration of a civil status document and the transcription of a civil status document.
Transcription of a civil status document exists when the holder of the marriage certificate addresses the City Hall from the last domicile in Romania or, if there was no previous domicile in Romania (the case of persons who regained Romanian citizenship), the City Hall of Sector 1 Bucharest, while enrollment is when the certificate holder addresses a diplomatic mission or career consular post in the same country where the civil status took place.
Pursuant to the European Regulation on the promotion of free movement of citizens, which is directly applicable in the Member States of the European Union, from 16 February 2019 certain official documents and their certified copies are exempted from the obligation to legalize and the formality of the apostille to be used in the Member States of the European Union.
Transcription of marriage certificate:
Documents required to transcribe the marriage certificate:
The request for transcription must be accompanied by the following documents:
a. marriage certificate, issued by foreign authorities – in original and copy;
b. Legalized translation of the marriage certificate, in original and copy.
b.1. if the marriage was concluded in an EU Member State or in a State with which Romania has concluded treaties / conventions / agreements on civil assistance and family law, only the legalized translation of the marriage certificate is required, authenticated in the country by the notary public, or abroad by the diplomatic missions or consular offices of Romania in the respective country or by a foreign notary public – in original and copy or multilingual standard form in copy and original;
if the translation was made by a notary public from a non-EU state but is a signatory to the Hague Convention, then the certified translation must be apostille;
if the translation was made by a notary public who is neither in an EU member state, nor in a state with which Romania has concluded treaties / conventions / agreements on legal assistance in civil and family law matters, nor in a state signatory to the Hague Convention of 5 October 1961, then the legalized translation must be super-legalized;
b.2. if the marriage was concluded in a state which is not a member of the EU but is a signatory to the Hague Convention, the marriage certificate together with its legalized translation will be apostille;
b.3. in case the marriage has not been concluded in any of the states mentioned in b.1 and b.2., the marriage certificate together with its legalized translation will be superlegalized.
c. the document proving the Romanian citizenship and the last domicile in Romania of the Romanian citizens domiciled abroad – in original and copy;
d. an identity document – in original and copy.
Proof of identity will be made:
Romanian citizens domiciled in Romania: will identify themselves with an identity card, identity card or temporary identity card;
Romanian citizens domiciled abroad: they will identify themselves with a passport in which the CRDS status is registered;
stateless citizens will be identified with a passport issued on the basis of the Convention on the Status of Stateless Persons of 1954, accompanied by a temporary or permanent residence permit, as the case may be;
citizens of the European Union or the European Economic Area: will identify themselves with the identity document or passport issued by the belonging state;
foreign nationals from third countries: they will identify themselves with the passport issued by the state of which they are nationals, in which the entry visa on the territory of Romania will be applied.
e. notarial declaration made by the holder of the deed (Romanian citizen’s husband) that there is no other deed transcribed / registered or reconstructed;
f. notarial declarations, from both spouses, if they are Romanian citizens, or only of the Romanian citizen spouse, regarding the name worn after the marriage, in case the marriage certificate / extract procured from abroad does not refer to the names of the spouses after marriage;
g. proof of the marital status chosen by the spouses and the applicable law (if it ends after October 1, 2011);
g.1. if the marriage was concluded in an EU Member State or in a State with which Romania has concluded treaties / conventions / agreements on legal aid in civil and family law matters, only the legalized translation of the evidence of the matrimonial regime is necessary, authenticated in the country by the notary public, or abroad by the diplomatic missions or consular offices of Romania in the respective country or by a foreign notary public – in original and photocopy;
g.2. if the marriage ended in a non-EU state but is a signatory to the Hague Convention, proof of the matrimonial property regime together with its legalized translation will be apostille;
g.3. in case the marriage was not concluded in any of the states mentioned in g.1 and g.2., the proof of the matrimonial regime together with its legalized translation will be superlegalized.
h. proof of dissolution of previous marriage (if applicable);
h.1.in the event that the marriage was concluded in an EU Member State or in a state with which Romania has concluded treaties / conventions / agreements on legal assistance in civil and family law matters, only the legalized translation of proof of dissolution of the previous marriage, authenticated in the country by the notary public, or abroad by the diplomatic missions or consular offices of Romania in the respective country or by a foreign notary public – in original and copy;
h.2. if the marriage was concluded in a state which is not a member of the EU but is a signatory to the Hague Convention of 5 October 1961, proof of the dissolution of the previous marriage together with its legalized translation will be apostille;
h.3. in case the marriage has not been concluded in any of the states mentioned in h.1 and h.2., the proof of dissolution of the previous marriage together with its legalized translation will be superlegalized.
The apostille will be obtained from the competent authorities of the foreign state signatory to the Hague Convention, for official documents drawn up in that country.
The legalization presupposes the existence of three stamps on the original of the presented document, as follows: the stamp applied by the issuing authority, according to the procedure established by the state of origin, the stamp of the Romanian diplomatic mission in the state of origin or the diplomatic mission of the Romanian state of origin; stamp of the Romanian Ministry of Foreign Affairs – Consular Relations Department.
Who can apply for a marriage certificate?
The request for transcription can be made in person by the person who wishes to have his certificate transcribed or by proxy with a special authenticated power of attorney. If it is done by proxy, the proxy:
- or he will have a notarial power of attorney, drawn up before a Romanian notary public;
- either he will have a power of attorney drawn up at a Romanian diplomatic mission or consular office on the territory of the foreign state;
- or will have a power of attorney issued by a notary from a foreign state – in this case, the following distinction must be made: whether the power of attorney was issued by a notary public from an EU member state or in a state with which Romania has concluded treaties / conventions / agreements of legal assistance in civil matters and family law, this power of attorney will only be legally translated;
- if the power of attorney was drawn up by a notary public from a state that is not a member of the EU but is a signatory to the Hague Convention, then the power of attorney together with its legalized translation must be apostille;
- if the power of attorney was drawn up by a notary public who is neither in an EU member state, nor in a state with which Romania has concluded treaties / conventions / agreements on legal assistance in civil and family law matters, nor in a state signatory to the Hague Convention, then the power of attorney together with its legalized translation must be superlegalized;
The deadline within which the request for transcription may be made:
The Romanian citizen is obliged, within 6 months from the return to the country or from the receipt of the civil status certificate from abroad, to request its transcription.
For those who have acquired or regained Romanian citizenship under the conditions of art. 10 and art. 11 of Law 21/1991, the request for transcription shall be submitted within 90 days from the date of taking the oath of allegiance to Romania.
Where will the transcription application be submitted?
The application for transcription of the marriage certificate together with the documents mentioned in point 1 shall be submitted to the local community public service for the registration of persons or to the mayor’s office of the administrative-territorial unit in whose area the certificate holder resides.
Transcription of the divorce decision if the dissolution of the marriage was ordered abroad:
Documents required to enter the divorce notice:
The application for registration of the dissolution of the marriage must be accompanied by the following documents:
a. The foreign court decision, final and irrevocable, in original and in copy;
b. Legalized translation of the court decision, in original and in copy;
b.1. if the marriage was dissolved in an EU Member State or in a State with which Romania has concluded treaties / conventions / agreements on legal aid in civil and family law matters, only a legalized translation of the divorce judgment is required, authenticated in the country by the notary public, or abroad by the diplomatic missions or consular offices of Romania in the respective country or by a foreign notary public, as these decisions produce full effects on the territory of Romania;
-if the translation was made by a notary public from a non-EU state but is a signatory to the Hague Convention, then the certified translation must be apostille;
-if the translation was made by a notary public who is neither in an EU member state, nor in a state with which Romania has concluded treaties / conventions / agreements on legal assistance in civil and family law matters, nor in a state signatory to the Hague Convention, then the legalized translation must be super-legalized;
b.2. in the event that the marriage was dissolved in a state which is not a member of the EU but is a signatory to the Hague Convention, the divorce judgment together with its legalized translation will be apostille;
b.3. in case the marriage has not been dissolved in any of the states mentioned in b.1 and b.2., the divorce decision together with its legalized translation will be superlegalized.
c. the sentence of recognition in Romania of the divorce decision – for the situations in which: the marriage was dissolved in a state that is not a member of the EU, but is a signatory of the Hague Convention or in a state that is not a member state The EU, nor the state with which Romania has concluded treaties / conventions / legal aid agreements in civil and family law matters, nor the signatory state of the Hague Convention – in original and in copy;
d. the birth certificate and the marriage certificate of the person for whom the registration of the mention is requested – in original and in photocopy;
e. Documents proving identity, in original and copy;
Proof of identity will be made:
Romanian citizens domiciled in Romania will identify themselves with an identity card, identity card or temporary identity card;
Romanian citizens residing abroad will identify themselves with a passport in which the CRDS status is registered;
Stateless citizens shall identify themselves with a passport issued on the basis of the Convention on the Status of Stateless Persons, accompanied by a temporary or permanent residence permit, as the case may be;
The citizens of the European Union or of the European Economic Area will identify themselves with the identity document or passport issued by the belonging state;
Foreign nationals from third countries will identify themselves with the passport issued by the state of which they are nationals, in which the entry visa on the territory of Romania will be applied;
f. Authenticated statements from the spouses regarding the name given after the divorce in the situations in which the divorce sentences do not appear regarding them – in original and in copy;
The application for recognition of a foreign judgment must be accompanied by the following documents:
-the divorce decision pronounced abroad – in original and copy;
-legalized translation of the court decision, in original and in photocopy – here the situations enunciated in point II.1.b) become incidents
-proof of its finality in the country in which it was pronounced
-marriage certificate – in original
-birth certificate – in copy
-authenticated statements from the spouses regarding the name given after the divorce in situations where the divorce judgments do not show about them – in original and in copy;
-identity card – in copy
-notary power of attorney by which the client empowers the lawyer to deal with the recognition of the divorce decision in Romania.
Who can apply for a divorce?
The application for registration of the divorce declaration can be made in person by the divorced spouse or by a proxy with a special authenticated power of attorney. If it is done by proxy, the proxy:
-or he will have a notarial power of attorney, drawn up before a Romanian notary public;
-either he will have a power of attorney drawn up at a Romanian diplomatic mission or consular office on the territory of the foreign state;
-or will have a power of attorney issued by a notary from a foreign state – in this case, the following distinction must be made:
-if the power of attorney was drawn up by a notary public from an EU member state or in a state with which Romania has concluded treaties / conventions / legal aid agreements in civil and family law matters, this -power of attorney will only be legally translated;
-if the power of attorney was drawn up by a notary public from a state that is not a member of the EU but is a signatory to the Hague Convention, then the power of attorney together with its legalized translation must be apostille;
-if the power of attorney was drawn up by a notary public who is neither in an EU member state, nor in a state with which Romania has concluded treaties / conventions / agreements on legal assistance in civil and family law matters, nor in a state signatory to the Hague Convention, then the power of attorney together with its legalized translation must be superlegalized;
Deadline for submitting a divorce application:
The application for registration of the divorce can be requested at any time after the dissolution of the marriage, but before concluding a new marriage.
Where will the application for registration of the divorce be filed?
In case the marriage was concluded on the Romanian territory, the application for registration of the divorce mention will be submitted to the mayor’s office where the marriage was concluded and which keeps the marriage certificate.
If the marriage was concluded outside the territory of Romania, but was recognized and transcribed in Romania, the application for registration of the divorce will be submitted to the mayor’s office where the marriage was transcribed – respectively to the mayor’s office of the administrative-territorial unit within whose radius domiciles the holder of the marriage certificate and who keeps the marriage certificate.
In the situation where both the marriage and the divorce took place outside the Romanian territory, the marriage will be transcribed first in the Romanian civil status registers and subsequently, the procedure for registering the divorce will be started.
The team of Ionescu and Associates lawyers provides you with legal advice in order to go through these procedures.