PROVISIONS THAT CONCERN THE CONSENSUAL DIVORCE
28 Mar 2019 -- Posted by :
1. The spouses can terminate their marriage with a written agreement. This agreement is concluded between the spouses in the presence of their attorneys and is signed by themselves and their attorneys. It can also be signed only by their attorneys if they have provided them with such power of attorney. The power of attorney must have been given within the last month prior to the signing of the agreement.
2. If there are minor children, in order to dissolve the marriage, their custody, communication with them and their alimony must be regulated, with the same or another written agreement between the spouses that is signed as defined in par. 1 and is valid for two (2) years at least.
3. a) The written agreement for the dissolution of the marriage, as well as the agreement for the custody, communication and alimony of minor children, are submitted by the attorneys of the spouses, together with the relevant power of attorney documents to a notary.
b) The notarial document should be drawn up at least ten (10) days prior to the written agreement of the spouses. Its date is proved by a certificate of authenticity of the spouses' signature by the Secretariat of the Magistrate's Court where the notary that draw the document has his base.
4. The notary prepares a document, with which he certifies the dissolution of the marriage, validates the agreements of the spouses and incorporates them in it. The notarial document is signed by the spouses and their attorneys or only the latter if they are provided with a relevant power of attorney. The power of attorney must have been given within the last month prior to the signing of the document. When the certificate concerns the custody, communication and alimony of minor children, the notarial document is an enforceable instrument, provided that the provisions of Articles 950 and 951 of the Code of Civil Procedure have been included in the agreement. After the expiration of the ratified agreement, the custody, communication and alimony of the children may be regulated for a further period of time by a new agreement and by the same procedure.
5. The dissolution of the marriage occurs with the submission of a copy of the notarial document to the registry office where the marriage was registered.