Divorce Certificates from Romania

According to Romanian law, after a marriage and divorce in Romania, you can apply for and receive a registry extract (civil status act) from the Romanian civil registry, a so-called marriage certificate with a divorce remark. The marriage certificate with divorce remark is a national proof of civil status (Romania).
It shows the current marital status in the Romanian register; it does not replace a court judgment but is an administrative proof, mostly for use within Romania.

European Union citizens can apply for and receive a so-called European Union divorce certificate (Art. 36/39) for divorces in Romania.

The European Union divorce certificate (Art. 36/39) according to the Brussels IIb Regulation (formerly Brussels IIa Regulation) confirms the court decision itself, is standardized for all European Union states, and contains the necessary information for recognition. It serves for automatic recognition in other European Union countries and does not replace the judgment, but complements it in European Union legal transactions.

Our law firm can help you obtain the required divorce records from Romania without you having to travel to Romania and without providing us with a notarized power of attorney.
It is sufficient for you to enter into a legal assistance agreement with us, which we will send to you.

We can assist you with three types of divorce documents:

Applying for an European Union Article 39/36 Certificate

The certificate (Art. 36 or Art. 39) is issued by the Romanian court and serves the recognition of a Romanian divorce in other European Union countries.
In most European Union countries, automatic recognition occurs (according to European Union Regulation 2201/2003 – Brussels IIb).

Whether "Art. 39" or "Art. 36" can be applied is not a matter of choice, but depends on which European Union regulation was applicable to a divorce at the time.

Germany recognizes both automatically (no separate recognition required). As a rule, "Article 36" or "Article 39" does not need to be mentioned in the application.

Typical purposes include proof of marriage abroad (e.g., Germany).
The certificate is not a court document, but an European Union-wide recognized proof of divorce.
It is often requested and used together with the divorce decree.

Applying for a duplicate marriage certificate from Romania with a divorce remark

A "duplicate marriage certificate from Romania" is simply an official second copy of the original marriage certificate.

It is a purely national registry document (Romania), an officially issued copy from the Romanian civil status register, replaces the original marriage certificate completely, and has the same legal effect as the original.

Typical purposes include proof of marriage abroad (e.g., Germany), application for or recognition of divorce, name change, and administrative procedures (registry office, immigration office, etc.).

Once a divorce decree is final and has been entered at the Romanian registry office (Stare Civilă), the marriage certificate is updated in the register and contains the remark "căsătorie desfăcută" (marriage dissolved) with the date of divorce and, if applicable, file/judgment reference. After that, you automatically receive the current version from the register, i.e., with the divorce remark, without having to apply for it separately.

The duplicate marriage certificate is not a court document, nor an European Union proof of divorce, but often a complementary evidentiary document. It is frequently used together with the divorce decree or the European Union certificate (Art. 36/39 according to Brussels IIb Regulation).

A duplicate marriage certificate can be requested if you no longer possess such a document or if you want the document in a new, current format.
If required, we can also apply a "Hague Apostille" to this marriage certificate.

Applying for international marriage certificates from Romania with a divorce remark

International marriage certificates from Romania are officially referred to as "Multilingual extracts from the marriage register."
This is a multilingual civil status certificate based on an international model (usually from the civil status register). International marriage certificates from Romania are the equivalent of the "Formule B" certificate from Germany.
Unlike the duplicate marriage certificate, which can only be issued as one copy, the international marriage certificate is available in any number of copies.
It serves to prove marriage abroad and can be used without additional translation in many countries.

Once a divorce decree is final and has been entered at the Romanian registry office (Stare Civilă), the marriage certificate is updated in the register and contains the remark "căsătorie desfăcută" (marriage dissolved) with the date of divorce and, if applicable, file/judgment reference. After that, you automatically receive the current version of the international marriage certificate from the register, i.e., with the divorce remark, without having to apply for it separately.
The international marriage certificate from Romania is not a court or European Union recognition document! Authorities almost always require the divorce decree in addition.

If the foreign authorities also require a certificate of no impediment to marriage ("celibacy certificate"), we can also obtain this for you.

For the legal assistance agreement you must conclude with us, we require:

• a copy of your ID card
• a copy of the old marriage certificate (if available)
• proof of name change (if your first or last name has changed).

• here via web form,
• here via email,
• or by post.

We can act for you immediately and submit the application to the authorities after we have received the following from you:

• a signed legal assistance agreement
• receipt of the agreed payment

The period in which we can obtain your divorce certificate for you in Romania varies between 14 and about 30 days, depending on the place of marriage.
The Romanian divorce certificate from Romania will be sent to you upon request by registered mail or DHL Express courier service.

Note:
- The legal assistance agreement must be concluded with one of the two spouses, or with persons with power of attorney, with legal representatives, and in some cases with persons with a legitimate interest.
- If you need documents proving the marriage or divorce of your parents or grandparents, we cannot obtain original certificates, but if you prove that you are a descendant of the persons concerned, we can still obtain certificates in your name with the data from the registry office of the place of marriage of the person concerned.

Frequently Asked Questions:
"Regulation (EC) No. 2201/2003 (Brussels IIa / Brussels II bis)" is a directly applicable European Union regulation for the recognition and enforcement of matrimonial matters and matters of parental responsibility between member states.
It regulates cross-border family law decisions between European Union member states, jurisdiction, recognition, and enforcement of decisions on marriage, divorce, custody, and the like.

When it comes to a decision on a name change from Romania, it is important to note: this does not fall under the Brussels IIa Regulation. Name law belongs to civil status law.
A Romanian name change is not enforced in Germany, but recognized and adopted in the civil status register – via the registry office, not via courts according to Article 39.

The “Article 39 Certificate” is a standard European Union form issued by the Romanian court that confirms:
- that the divorce decree is authentic
- that it is effective
- that it is a decision in matrimonial matters
It serves precisely as proof for other European Union states, e.g., Germany.

The “Article 39 Certificate” can be presented at:
- Registry office (e.g., for registration or remarriage)
- Registration office (Meldebehörde)
- Family court (only if there are follow-up questions)
- Registry Office I in Berlin, the central office for foreign cases.

For Germans living or born abroad, the competent body for civil status issues is the Registry Office I (Standesamt I) in Berlin.
It ensures that civil status events occurring abroad are registered and documented according to German law, which is essential for citizenship rights and proof – such as for issuing passports.
It processes cases that cannot be handled by a local German registry office, such as births, marriages, or deaths of German citizens taking place abroad.
It maintains corresponding civil status registers and issues certified documents.

An Article 39 certificate must be presented in Germany together with the decree.
The certificate does not replace the decree. It only confirms certain points from it, is not full proof of the decision, but only a standardized certification.
The certificate does not contain:
- the full content of the judgment
- the reasoning
- all details (e.g., names, detailed arrangements)
However, German authorities must be able to understand exactly what was decided.
The certificate confirms European Union-wide recognition; the decree shows the concrete content of the divorce.
Only together do they provide complete and legally secure proof.
In practice, both are almost always required.
The certificate alone is usually not sufficient. Authorities almost always require the divorce decree in addition.

In theory (according to European Union law):
- The certificate carries very high weight and is intended to facilitate recognition.
In practice in Germany:
- Authorities almost always require the divorce decree in addition.

The Article 36 Certificate is also – like the former Article 39 Certificate – only a standardized European Union certification, not the actual decision.

In cross-border cases between European Union states, Brussels IIa takes precedence over national law in the matters regulated by the regulation (direct effect; uniform rules for recognition/enforcement).
- A Romanian judgment issued according to Article 39 can be recognized and enforced in other European Union states (e.g., Germany) under Brussels IIa, provided the requirements of the regulation are met.
- For recognition, certified documents, translations, and proof of legal force are regularly required—documents that decisions issued according to Article 39 can provide.
For divorces within the European Union, the Brussels IIb Regulation (formerly Brussels IIa) now applies. Principle: Automatic recognition. This means: no court proceedings necessary, no declaration of enforceability; the marriage divorced in Romania is automatically considered divorced in other European Union countries as well.