Consensual divorce is one of the objects of amendment of the new provisions of the Civil Code. The amended articles simplify the process of issuing a consensual divorce. It is now provided that the marriage is dissolved by signing an agreement before a notary.
In general, the procedure to be followed by the parties wishing to terminate their marriage by consensus is as follows:
For the dissolution of the marriage by agreement of the parties (consensus), an agreement must be concluded between the spouses, which is made in writing either between the spouses or in the presence of their attorneys.
So the spouses with their registration agreement or with their joint digital statement can dissolve their marriage without even requiring the confirmation of the genuine signature for it. Without delay, the whole process has been smoothed out, and the time of divorce is minimized and the two ex-spouses are not required to go to court. Out of court, the written agreement or the joint digital statement is drawn up before their lawyers and signed by themselves or their lawyers respectively.
The written agreement for the dissolution of the marriage, as well as the agreement for the custody, communication and maintenance of the minor children is submitted to the notary who will draw up the notarial deed of the dissolution of the marriage, as mentioned above. The preparation of the notarial deed of divorce must be at least ten (10) days away from the written agreement of the spouses, the date of which is proved from the date of signing of the agreement of the spouses. The ten-day period between the signing of the written agreement of the spouses and the signing of the notarial deed of divorce is intended to ensure that the decision of the spouses to dissolve their marriage is final and that they will not change their mind.
In case there are minor children, in order for the marriage to be dissolved, their custody, communication with them and their alimony must be regulated, by the same or another written agreement between the spouses, which is signed as defined above and is valid for two (2) years.
At the end of the ten days after the signing of the written agreement between the spouses, the notary draws up an act certifying the dissolution of the marriage, ratifies the agreements of the spouses and incorporates them in it. The notarial deed is signed by the spouses and their attorneys or only the latter, if they are provided with a special power of attorney. After the expiration of the ratified agreement, the custody, communication and maintenance of the children can be regulated for a further period with a new agreement and with the same procedure. The dissolution of the marriage occurs by submitting a copy of the notarial deed to the registry office where the marriage was registered and the marital cohabitation ceases to exist.