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Introduction

Divorce is a legal process that ends a marriage. For Romanian citizens living in the UK, the decision on where to file for divorce has legal and financial consequences. This document outlines key considerations, legal requirements, and procedural aspects of divorce for Romanian citizens in the UK, covering jurisdiction, financial settlements, child-related matters, and enforcement of UK divorce orders in Romania.

Jurisdiction and Divorce Filing Considerations

A key issue for Romanian citizens seeking divorce in the UK is deciding the appropriate jurisdiction. A Romanian citizen can apply for divorce in the UK if they have lived in the UK for at least 12 months. Filing for divorce in Romania instead of the UK may have different financial effects, particularly on asset division.

The legal framework in each country differs, so legal advice should be sought before proceeding. Seeking legal guidance ensures the best approach to protect financial interests and avoid legal difficulties.

UK Divorce Application Requirements

To start divorce proceedings in the UK, legal requirements must be met:

• Residency: One of the parties must have lived in the UK for at least 12 months.
• Marriage Certificate: A scanned or photo copy of the original marriage certificate must be submitted. If it is not in English, a certified translation is required.
• No-Fault Divorce: Since April 2022, UK law does not require a reason for divorce, known as a “no-fault divorce’” This change simplifies the process and limits grounds for contesting a divorce.

Financial Settlements and Asset Division

Many clients assume that divorce automatically resolves financial matters, but this is not the case. A separate legal process is required to address financial settlements. Finalising a divorce without resolving financial matters can impact rights to assets and financial support.

If assets are held in Romania, additional legal steps may be needed to ensure their division is recognised under Romanian law. Seeking a financial order from the UK court is necessary to formalise the distribution of marital assets in the UK. Timing is also important—settling financial matters before completing the divorce may protect financial interests and prevent complications.

Child-Related Matters in Divorce

Divorce proceedings in the UK do not resolve matters concerning children. Custody, visitation rights, and financial support require separate legal processes.

• Custody and Living Arrangements: The court does not decide where children will live or how much time they will spend with each parent as part of the divorce process. A child arrangement order may be needed.
• Parental Responsibilities: Decisions about education, healthcare, and travel must be agreed upon separately or through a court order.
• Legal Guidance: Advice ensures parental rights and responsibilities are addressed fairly, prioritising the child’s welfare.

Enforcing UK Divorce Orders in Romania

For Romanian citizens who obtain a UK divorce, further legal steps are required to ensure recognition in Romania. Romanian authorities require specific documents to register and enforce a UK divorce order. Without proper registration, financial orders and custody agreements may not be enforceable. IMD Solicitors LLP provides assistance in obtaining the necessary documentation and ensuring compliance with Romanian legal requirements.

Similarly, if a financial order or one in relation to child arrangements is obtained in the UK, additional applications may be needed in Romania to secure enforcement.

Equally, if a divorce is finalised in Romania, additional applications will be required in the UK to deal with the division of UK assets.

Key Points

• Jurisdiction Matters: Romanian citizens in the UK must consider whether to file for divorce in the UK or Romania, as this affects legal procedures.
• Divorce Does Not Settle Finances: A separate financial order is required to finalise asset division and financial obligations.
• Child Arrangements Require Separate Applications: Custody, visitation rights, and financial support are not included in the divorce process.
• Enforcing UK Divorce Orders in Romania Requires Further Steps: Additional legal work and documentation are needed for recognition in Romania.
• Legal Advice is Necessary: Cross-border divorces require professional guidance to ensure compliance with legal requirements and protection of rights.

Conclusion

For Romanian citizens in the UK, divorce involves jurisdictional, financial, and parental considerations. Filing for divorce in the right jurisdiction is a key consideration which requires professional legal advice. For couples with assets in the UK or in both jurisdictions, it is crucial to seek advice prior to deciding which forum is the appropriate one to address their applications to. Seeking legal advice ensures compliance with legal requirements and protection of rights.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International Divorce section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.