Descriere
Divorce carried out through notarial procedure, as a form of dissolution of marriage, constitutes a non-contentious procedure grounded in the spouses’ mutual agreement. Such agreement must encompass not only the termination of the marital relationship and the choice of the notarial procedure, but also the determination of the family name to be borne by each spouse after divorce, as well as the regulation of the effects of divorce on minor children, where applicable.
This article examines divorce by mutual consent through notarial procedure, as a non-contentious method for the dissolution of marriage, regulated by the Romanian Civil Code and notarial legislation. The study focuses on the conditions for admissibility of the procedure, the central role of the spouses’ agreement, and the limits of the notary public’s competence, particularly in cases involving minor children.
It analyses the legal requirements concerning the divorce application, the reflection period, the parental agreement, the social inquiry, and the hearing of the child, as well as the legal effects of the divorce certificate. The article also addresses the cases in which the divorce application is rejected, the legal regime of the duplicate divorce certificate, and the procedure for its rectification, emphasizing the special legal nature of the divorce certificate as a civil status document. The analysis adopts a doctrinal approach and aims to clarify several issues arising in notarial practice regarding divorce by mutual consent.
