No references to divorce (divort) could be found among the Romanian texts of the Romanian Civil

Code consulted by the Research Directorate; however, most of the articles in the following English
translation of selected articles (Arts. 2, 37, 38, 39, 40, 41, 42, 43, 44, 86 and 94) of the Romanian
Family Code deal with divorce, as does the subsequent amendment to the Family Code, also quoted
below in translation.
Art. 2
Relationships in a family are based on mutual friendship and affection among its members, who
owe one another moral and physical support.
Art. 37
A marriage terminates when one or the other spouse dies or is legally declared to be dead.
A marriage may be dissolved in exceptional cases through divorce.
*) Art. 37 is reproduced here as amended through Decree no. 779 - B.Of. no. 64 of 8 October 1966.
Art. 38
A court may dissolve a marriage through divorce only if, for valid reasons, the relationships
between the spouses have seriously and irreparably deteriorated to the point that continuation of
the marriage is clearly impossible for the person applying for its dissolution. The court shall
evaluate with particular care the grounds of the divorce application and the impossibility of
continuing the marriage, taking into consideration the length of the marriage as well as the interests
of the minor children. *) Art. 38 is reproduced here as amended through Decree no. 779 - 13.0f.
no. 64 of 8 October 1966.
Art. 39
The marriage is dissolved on the day that the decision which awarded the divorce becomes final.
In respect to third parties, the effects of the marriage on property rights terminate on the date when
the decision awarding the divorce is noted on the margin of the marriage certificate or when the
divorce is made known to them by other means.
*) Art. 39 is reproduced here as amended through Art. 2 of Decree no. 174-B.Of., no. 108 of I
August 1974.
Art. 40
Upon dissolution of marriage through divorce, the spouses may agree for the spouse who, in
accordance with Art. 27, bore the surname of the other spouse during the marriage, to continue to
bear this name after dissolution of the marriage. The court shall apply this agreement through the
divorce decision. The court, for valid reasons, may consent to this right even in the absence of such
an agreement between spouses.
If no such agreement was reached or if no such consent was given by the court, each of the former
spouses shall bear the name that he/she had before the marriage.
Art. 41
Up to dissolution of the marriage under the conditions specified in Art. 39, the spouses are obliged
to support one another.
A divorced spouse has the right to support if he/she is in a state of want owing to an incapacity to
work which arose before or during the marriage. He/she also has the right to support if such an
incapacity appears within one year after dissolution of the marriage, provided that the incapacity
arose through circumstances relating to the marriage.
The support required pursuant to the second clause above may be set at up to one-third of the net
employment income of the spouse who is to pay the support, in keeping with the needs of the
person applying for the support and with the resources of the paying spouse.
This support, in combination with support required for the children, shall not be more than half of
the net income from employment of the spouse who is obliged to pay the support. When the divorce
is awarded only on the fault of one of the spouses, this spouse shall not benefit from the provisions
of the second and third clauses above until one year after dissolution of the marriage.
In all cases, the right to support terminates upon remarriage of the spouse who was awarded this
right.
*) Art. 41 is reproduced here as amended through Decree no. 779-B.Of., no. 64 of 8 October 1966.
Art. 42
Upon awarding the divorce, the court shall decide at the same time which of the parents shall have
custody of the minor children. For this purpose, the court shall consult with the parents and with
guardianship authorities and, taking into consideration the interests of the children, with whom it
must also consult if they have reached the age of ten years, shall decide for each child whether
he/she should be entrusted to the mother or the father. If there is good reason to do so, the children
may be placed under the custody of a relative or other person upon consent of the latter, or of a
child-support institution. At the same time, the court shall determine the contribution of each of
the parents to the expense of the raising, educating, instructing, and vocational preparation of the
children. The parental agreement regarding custody of the children and contribution by each parent
to the expenses of raising, educating, instructing and preparing the children for a vocation shall be
effective only if it is approved by the court.
Art. 43
A divorced parent given the custody of a child exercises parental rights in respect to the child. If
the child is entrusted to another person or a child support institute, the court shall determine which
of the parents shall have the right to handle his/her property and to represent him/her or give
consent. The person or child-support institution entrusted with the child shall have the rights and
duties of parents applicable only to the person [as opposed to the property] of the child. The
provisions of Art. 108 apply in this case as well. A divorced parent not given the custody of a child
retains the right to maintain personal contact with the child as well as to oversee the raising,
educating, instructing, and vocational preparation of the child.
Art. 44
In the event of a change in circumstances, the court, upon request of either parent, the child if
he/she has reached the age of fourteen years, the guardianship authorities, or a child support
institution, may modify the provisions relating to the rights and obligations respecting the person
or property established between the divorced parents and the child. Such modifications shall be
carried out in accordance with the provisions of Art. 42(l) and (2) and as guided by the
requirements specified therein.
Art. 86
The obligation for support exists between husband and wife, parents and children, adopting parents
and adopted children, grandparents and grandchildren, great-grandparents and great-
grandchildren, brothers and sisters, and other persons specified in law. Only those who are in want
and are not able to obtain any income from work due to a disability have the right to obtain support.
Offspring, during their period of minority, are entitled to support regardless of the cause of their
destitution.
Art. 94
The amount of required support shall accord with the needs of the applicant and the resources of
the payer.
The court may increase or decrease the amount of support required or decide to terminate this
support in accordance with changes in the means of the person providing the support or the needs
of the person receiving it.
When support is owed by a parent or adopting parent, the amount of this support shall be set at up
to one-fourth of his/her employment earnings for one child, one-third for two children, and one-
half for three or more children. (Romania 4 Jan. 1954)
In addition, Articles 37, 38 and 39 were modified in 1993 as follows:
1. Article 37(2) shall read as follows: "A marriage may be dissolved through divorce."
2. Article 38 shall read as follows: "Art. 38. - The court may dissolve a marriage through divorce
if, due to valid reasons, relations between the spouses are seriously impaired and continuation of
the marriage is no longer possible. A divorce may also be awarded on the basis of mere agreement
between the spouses, under the following conditions: a) At least one year has elapsed from the
date of marriage by the time that the divorce was applied for. b) There are no minor children
resulting from the marriage. Either spouse may apply for a divorce if his/her state of health makes
it impossible for the marriage to continue. In the processing of applications accessory to divorce
that relate to custody of minor children, obligations for support and use of housing, the court shall
take into consideration the interests of the minor." 3, Article 39(l) shall read as follows: "A
marriage is dissolved on the day that the decision awarding the divorce becomes irrevocable."
(Romania 23 July 1993, Art. 8)
This Response is not, and does not purport to be, conclusive as to the merit of any particular claim
to refugee status or asylum.
References

Romania. 23 July 1993. Act No. 59 of 23 July 1993 Amending the Code of Civil Procedure, the
Family Code, Administrative Litigation Act No. 29/1990, and Act no. 94/1992 Respecting
Organization and Operation of Circuit Courts. http://www.cdep.ro (Website of the Parliament of
Romania) [Accessed 23 Dec. 1999] Translated by the Multilingual Translation Directorate of the
Department of Public Works and Government Services Canada.
_____. 4 January 1954. Family Code. http://www.cicnet.ro/legislatie (Website of the Ialomita
County Information Center for Citizens) [Accessed 21 Dec. 1999] Translated by the Multilingual
Translation Directorate of the Department of Public Works and Government Services Canada.