Can I divorce at a notary?
It depends on the spouses' agreement: yes, if both agree, even with minor children. The notary can establish divorce by the spouses' agreement and issue a divorce certificate, including when there are minor children. The key condition is full agreement: both spouses must agree to the divorce and, if they have children, to joint parental authority, the child's residence, the schedule of personal contact (visitation) and the contribution to the costs of upbringing and education (child support). The procedure takes at least 30 days (a reflection period), and for children a psychosocial investigation is carried out and the child is heard if they're at least 10 or if the notary deems it necessary. If the spouses don't agree on these points, divorce can't be done at the notary — it must go to court.
📋 The rules
- Notary divorce only by full agreement of both spouses
- Possible with minor children too, with complete agreement
- Agreement on: custody, the child's residence, visitation, support
- A reflection period of 30 days
- Psychosocial investigation + hearing the child over 10
🔓 Exceptions
- No agreement on any point: divorce goes to court
- Child over 10: hearing is mandatory
- Fees paid aren't refunded if the request is withdrawn
⚠️ Penalties & fines
Notary divorce is an amicable procedure, so we're not talking about sanctions but costs. A simple divorce without children costs up to about 1,200 lei, and with minor children reaches up to about 2,000 lei (the notary fee plus the fee for the parental agreement, about 300 lei, and registration fees). Note: the fees paid are not refunded if you withdraw the divorce request. If there's no full agreement, the only path is court, which is longer and costlier. To divorce at the notary smoothly: agree with your spouse on all points (especially about the children), prepare the required documents, and observe the 30-day reflection period, after which the notary issues the divorce certificate.
📎 Official sources
- Civil Code · dissolution of marriage by agreement →
- National Union of Public Notaries of Romania →
- Law 36/1995 on public notaries →
❓ Frequently asked
Can I divorce at a notary if I have minor children?
Yes, if there's full agreement. The notary can grant the divorce by the spouses' agreement even with minor children, provided you agree on custody (joint parental authority), the child's residence, the visitation schedule and the contribution to upbringing costs. Without agreement on these, divorce goes to court.
How long does a notary divorce take?
The procedure takes at least 30 days, the reflection period set by the notary. If, after this period, both spouses keep their decision, the notary issues the divorce certificate. When there are minor children, a psychosocial investigation is also done, and the child is heard if they've reached 10.
How much does a notary divorce cost?
A simple divorce without children costs up to about 1,200 lei. With minor children, the cost reaches up to about 2,000 lei, including the notary fee, the fee for the parental agreement (around 300 lei) and registration fees. Amounts can vary, with VAT added where applicable.
What happens if we don't agree?
If the spouses don't agree on the divorce or, for children, on custody, residence, visitation or support, divorce can't be done at the notary. In that case, the only path is the court, a procedure usually longer and costlier than the amicable notary divorce.
Do I get my money back if I change my mind?
No. Under the rules, fees paid for the divorce procedure aren't refunded if the request is withdrawn. So if one spouse changes their mind during the reflection period and gives up the divorce, the amounts paid to the notary remain spent, with no possibility of recovery.
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