Recognising a Divorce Granted Abroad in Romania: Steps, Documents, Pitfalls (Civil Status & Name)

If you divorced abroad and you need Romania to “reflect” that divorce, separate two questions that are often mixed up:

Recognition: will Romania accept the foreign divorce decision as legally effective?
Civil status registration: will Romanian civil status registers be updated through a “mention” (mențiune) so your Romanian certificates and records show that you are divorced?

Even when recognition is straightforward (often within the EU), you can still face practical problems until the divorce is recorded as a civil‑status mention in Romania, especially around surname clarity and document consistency.

The key concept: Romania updates divorce through a civil‑status “mention”

Romanian law requires “mentions” (marginal notes) on Romanian civil status acts when civil status changes, including divorce: Law no. 119/1996 on civil status acts (Portal Legislativ) (see Articles 43–44).

When the change happened abroad, the request is filed with the civil status office that keeps the act where the mention will be added, and the mention is recorded with the approval of the competent county/Bucharest authority: Law no. 119/1996 (Portal Legislativ) (Article 44(1)).

Public guidance from Bucharest (Sector 1) states that marriages concluded abroad and dissolved by divorce are recorded “only by mention” on the Romanian birth record (actul de naștere): Sector 1 DPEPS – “Înscriere mențiuni primite din străinătate”.

EU vs non‑EU: quick decision tree

Divorce from an EU Member State (except Denmark): the EU framework (Brussels IIb / Brussels II ter) states that a decision given in a Member State is recognised in other Member States without any special procedure being required: e‑Justice Portal – Brussels IIb overview. You still need the Romanian civil‑status file for the mention.
Divorce from Denmark: Denmark is not covered by Brussels IIb / Brussels II ter: e‑Justice Portal – Brussels IIb overview.
Divorce from a non‑EU (“third”) state: Romanian civil status practice may require a Romanian court decision recognising the foreign divorce before recording the mention: Sector 1 DPEPS – “Înscriere mențiuni”. The domestic framework for recognising foreign judgments is in Book VII of the Romanian Code of Civil Procedure (Portal Legislativ) (Title III).

Judgment vs certificate: what to obtain from the country where you divorced

Different countries issue different “packages” after divorce. For Romanian registration, aim to collect documents that prove four things: identity, the divorce itself, finality, and surname outcome.

The divorce decision/act (court judgment, administrative act, notarial act) in a form that clearly identifies both spouses and the outcome; local guidance lists the divorce decision as a core document: Sector 1 DPEPS – “Înscriere mențiuni”.
Proof that it is final/effective if the decision does not clearly show finality (many offices expect a finality note/certificate in the file): Sector 1 DPEPS guidance.
The EU standard certificate (Annex II) for EU divorces, where relevant; it is issued by the court of origin for a decision granting divorce, legal separation or annulment: e‑Justice Portal – Annex II certificate (matrimonial matters).
A marriage certificate/extract (often requested alongside the divorce document in public guidance): Sector 1 DPEPS guidance.
Clarity on surname after divorce; if the foreign documents do not show the surname after marriage/divorce, the same public guidance states that a declaration on own responsibility may be required: Sector 1 DPEPS guidance.

Apostille, supralegalisation & translations: the order that prevents rework

Public guidance explicitly distinguishes between (a) Hague Apostille states, (b) EU Member States where apostille/legalisation may not be required in certain contexts (referencing Regulation (EU) 2016/1191), and (c) other states where supralegalisation/consular legalisation is used: Sector 1 DPEPS guidance.

EU documents

Some public documents issued by EU authorities fall under the EU “public documents” framework in Regulation (EU) 2016/1191 (EUR‑Lex), which Romanian public guidance references in the context of document formalities: Sector 1 DPEPS guidance. When the office expects a specific exemption or supporting form, do not guess: build the file in line with the local instructions you are filing under.

Hague Apostille states (outside the EU too)

If the issuing state is party to the 1961 Hague Apostille Convention, the apostille route is typically used; the official HCCH resources and status table are the reliable reference points: HCCH – Apostille Section and HCCH – Apostille Convention status table. Romania’s Ministry of Foreign Affairs also provides public information on apostille: MAE – apostille info.

Non‑Hague states (supralegalisation)

For states that are not party to the Apostille Convention, public Romanian guidance describes supralegalisation/consular legalisation for documents from those states: Sector 1 DPEPS guidance.

Practical rule: confirm the formalisation route (EU exemption vs apostille vs supralegalisation) before translating, because the stamp may need to sit on the original or the certified copy used for the file. For a practical workflow, see: Maglas apostille/supralegalisation & translations guide.

Where to submit in Romania (and the 6‑month clock)

The request for a mention is filed with the local civil status office that keeps the act where the mention will be added; filing can be personal or via a representative with a special power of attorney: Law no. 119/1996 (Article 44(1)–(2)).

Deadline: Romanian citizens have a statutory obligation to request mention registration for civil status changes that occurred abroad within 6 months from registration abroad: Law no. 119/1996 (Article 44(4)) and Methodological norms (printable form) (6‑month obligation for changes produced abroad).

If you are abroad, the norms also address applications submitted to Romanian diplomatic missions/consular offices and how those requests are processed for approval and recording: Methodological norms (printable form) (provisions on requests filed abroad).

Documents checklist (table)

Exact requirements can vary by local office and by how the divorce was granted (court vs notary vs administrative). The table below reflects what appears in public guidance and in the civil status norms.

Document	Where you get it	How to prepare it	Common mistakes
Divorce decision / decree (or administrative/notarial act)	Foreign court / authority	Obtain the full decision/act; ensure it identifies both spouses and the outcome	Submitting only a short notice; missing identity details
Proof of finality (if not clear on the face of the decision)	Foreign court/authority	Request the certificate/notation showing final effect; for EU cases, check Annex II	Assuming “finality is obvious” when the document does not say so
EU Annex II certificate (where relevant)	Issuing EU court	Request the Annex II certificate to accompany the decision	Not requesting the certificate when a local office expects a standard form
Marriage certificate/extract	Foreign civil registry / competent authority	Provide original + copy; prepare translation as requested	Missing the marriage record from the file
Romanian certificates (birth certificate; marriage certificate if applicable)	Romanian records	Bring originals/copies as requested; identify which act will receive the mention	Filing with the wrong locality/office (wrong act in custody)
Apostille / supralegalisation (if required)	Competent authority in issuing state (apostille) or consular chain (supralegalisation)	Follow the correct route for the country and document type	Applying the wrong route; apostilling the wrong “layer” (original vs translation)
Romanian translation (often “legalised” translation)	Authorised translator + notary	Prepare translation and notarisation as required by the receiving office	Unnotarised translations when “legalised” is required
Declaration on surname after marriage/divorce (when unclear)	Declarant(s)	Prepare a clear declaration specifying surnames when the foreign documents do not show them	Name inconsistencies across documents; leaving surname outcome ambiguous
Applicant’s identity document	Applicant	Bring original + copy as requested	Mismatched names due to unrecorded surname change
Special power of attorney (if someone files for you)	Notary/consular office	Use a special POA that expressly covers the civil status mention request	General POA that does not cover the specific request

Example (hypothetical): divorced in Spain, living in the UK, Romanian records still show “married”

You obtain a Spanish divorce decision, but the decision does not clearly show finality and does not clearly state your surname after divorce. In Romania, you build the file with: (1) the full decision, (2) a finality certificate or the EU Annex II certificate where relevant, (3) the marriage certificate/extract, (4) the translations as requested, and (5) a surname declaration if needed, following the structure described in public guidance: Sector 1 DPEPS guidance and Annex II certificate. You then file the mention request with the competent Romanian office within the 6‑month term in Law no. 119/1996.

Common pitfalls (and how to avoid them)

EU vs non‑EU confusion: EU recognition rules do not automatically solve the Romanian civil status mention file, while non‑EU may require a Romanian court recognition decision: e‑Justice Portal – Brussels IIb overview and Sector 1 DPEPS guidance.
Missing proof of finality: if your decision does not show final effect, add a separate certificate/notation or the EU Annex II certificate: Annex II certificate.
Wrong apostille/legalisation assumptions: your route depends on the country and document type; check Hague participation and the receiving authority’s instructions: HCCH status table.
Translating at the wrong time: the stamp may need to be on the original (or on a certified copy), and the order can break the file: Maglas apostille/supralegalisation guide.
Surname ambiguity: prepare a surname declaration if foreign documents do not clarify the surname after divorce: Sector 1 DPEPS guidance.
Missing the 6‑month deadline: the law sets a 6‑month obligation for registering foreign civil status changes: Law no. 119/1996 and Methodological norms.

One‑page checklist (copy/paste)

Confirm EU (except Denmark) vs non‑EU: e‑Justice Portal – Brussels IIb overview.
Collect the divorce decision/act and proof of finality; for EU, consider Annex II where relevant: Annex II certificate.
Collect the marriage certificate/extract and any Romanian certificates you already have (birth certificate; marriage certificate if applicable): Sector 1 DPEPS guidance.
Choose the right document formalisation route (EU exemption vs apostille vs supralegalisation) and apply it before translating: HCCH status table and MAE apostille info.
Prepare Romanian translations in the format the office expects (often “legalised” translations): Sector 1 DPEPS guidance.
Clarify surname after divorce (declaration if needed): Sector 1 DPEPS guidance.
File the mention request in time (within 6 months), at the competent Romanian office (or via proxy/consulate): Law no. 119/1996 (Article 44(4)) and Methodological norms.

Conclusion

The fastest path is the one that matches the country and the document type. EU recognition may be simpler, but Romanian civil status registration still requires a properly built file. Outside the EU, court recognition may be a prerequisite. In both cases, the most common “delay triggers” are missing finality, incorrect apostille/supralegalisation decisions, and unclear surname after divorce.

Surse

CTA

If you want a fast, “no-surprises” path to having your foreign divorce recorded in Romania (including surname clarity), we can audit your documents, map the correct apostille/legalisation route, coordinate translations, and prepare the civil status submission strategy. Contact: maglas.ro/contact.