Advice Centre

Registering a UK Divorce in Romania and other EU countries

Posted by: Oana Preda
Posted in: Divorce, Family and children
Date published: 29/05/2024

Speak to a member of our specialist international team of UK family lawyers today on 0330 107 0107.

Oftentimes we are contacted by clients who have unsuccessfully attempted to register their UK divorce in their home country. This case study will focus on the procedure to register the UK divorce in Romania, though the steps are overall similar to registration in other EU countries also. Drawing from the experience of IMD Solicitors LLP, this guide explains the process, legal requirements, and practical tips to ensure the UK divorce is recognised by Romanian authorities.

Background and Legal Framework

Romanian nationals living in the UK often go through divorce under UK law. However, once divorced, they face the issue of having their UK final order of divorce, formerly known as Decree Absolute, recognised in Romania. Romanian authorities do not automatically accept the UK divorce order in the format that it is issued by the UK courts. Therefore, additional documents and legal steps are required for recognition.

Steps for Registering the Divorce

• Obtaining the Necessary Documents:

1. After the UK court issues the final order of divorce, one of the additional documents required will be the certificate under Article 39 of the European Council Regulation (EC) No. 2201/2003, also known as Annex A.

2. At the same time, it is required that the UK court issues a signed copy of the Decree Absolute/Final Order of divorce.

3. These documents are essential and must be requested from the UK court after the divorce is finalised.

• Legalising the Documents:

1. Once the above documents are obtained, they will need to be legalised., you need to legalise these documents. This involves obtaining the Hague Apostille, which confirms the documents are genuine for use abroad.

2. An application must be made to the Legalisation Office in the UK, and a small fee is required for this service.

• Translating the Documents:

1. The legalised documents then need to be translated into Romanian. This is necessary for the Romanian authorities to accept them.

2. IMD Solicitors LLP can assist with translation through their sister company, IMD Translation Services, ensuring the documents meet all Romanian requirements.

• Registration with Romanian Authorities:

1. The final step is registering the translated, legalised documents with the relevant Romanian authorities. This usually involves working with Romanian lawyers.

2. IMD Solicitors LLP coordinates with Romanian legal professionals to make sure the registration process is completed correctly.

Practical Insights and Challenges

Many clients are unaware of the detailed process required to register a UK divorce in Romania until they need help after the divorce. The lack of immediate recognition by Romanian authorities can lead to delays and complications. Therefore, it’s important for legal practitioners to inform clients about these requirements early in the divorce process.

Cost Management and Client Support

IMD Solicitors LLP offers a structured fee system, allowing clients to pay at each stage of the process rather than in one large sum. This phased payment plan helps clients manage costs better, providing clarity and flexibility.

Conclusion

This case study highlights the importance of thorough legal guidance in the international registration of divorce decrees. For Romanian nationals, the path from a UK final order of divorce to recognition by Romanian authorities involves several key steps: obtaining additional documents from the UK court, legalisation, translation, and final registration.

IMD Solicitors LLP’s expertise in handling these complexities ensures that clients receive comprehensive support from initial advice to final registration. By offering phased payment options and collaborating closely with Romanian legal professionals, they provide a smooth and effective service.

Understanding these steps and the required legal documentation is crucial for any solicitor handling international divorce cases. This ensures that clients are well-prepared and can achieve the desired recognition of their divorce in their home country without unnecessary delays or complications.

Detailed Process and Recommendations:

• Final Order of Divorce:

1. After your UK divorce is finalised, obtain the signed and stamped final order (decree absolute) from the court.

2. Request the Article 39 certificate (Annex A) from the court.

• Legalisation:

1. Submit the final order and Article 39 certificate to the Legalisation Office to get the Hague Apostille.

2. Pay the required administrative fee.

• Translation:

1. Use a reputable translation service to translate the legalised documents into Romanian.

2. Ensure the translations are accurate and meet the standards required by Romanian authorities.

• Registration in Romania:

1. Work with Romanian lawyers to register the documents with the appropriate authorities.

2. Follow all local legal requirements to ensure smooth registration.

Tips for a Smooth Process:

• Early Planning: Start the registration process soon after receiving your final order of divorce to avoid delays.

• Professional Help: Engage experienced solicitors and translators who are familiar with both UK and Romanian legal systems.

• Clear Communication: Keep all parties informed and ensure you understand each step of the process and its associated costs.

By following these steps and seeking professional assistance, clients can successfully navigate the complexities of registering a UK divorce in Romania. This ensures their divorce is recognised legally, allowing them to move forward with their lives with confidence and peace of mind.

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.