This page may be relevant to you, if:
- You are a Romanian national living in England or Wales and are considering divorce, separation or arrangements for children
- You are a British citizen married to a Romanian national
- You married in Romania but now make your home in England or Wales
- You are a British expatriate living in Romania
- Your family has moved between Romania and England over several years
- One parent lives in Romania while the other lives in England or Wales, or your children spend time in both countries
- You or your spouse have property, pensions, bank accounts, investments, business interests or inherited wealth connected with either country
Divorce involving England and Romania
The place in which a couple has established their lives is often more significant than where the wedding took place, although nationality and longer-term connections can still form part of the legal assessment.
Before proceedings begin, it is sensible to establish which country can deal with the divorce and what the practical consequences may be. Relevant matters include where each spouse lives now, where they have recently been habitually resident, their domicile, whether a case has already started elsewhere, and where the children and principal assets are located. The existence of a possible Romanian route does not necessarily prevent an English application, but overlapping proceedings need prompt, coordinated advice.
Where a Romanian divorce has already been obtained, its form and the surrounding circumstances must be considered before anyone assumes that the marriage has ended for English legal purposes or that further financial claims are unavailable.
Romania remains part of the European Union, so rules governing jurisdiction, recognition, and cooperation are no longer similar in the way they were before Brexit.
Financial settlements and Romanian assets
Where financial claims are determined in England and Wales, the court considers the parties resources as a whole. A flat in Bucharest, a holiday property in Transylvania, Romanian bank deposits, company shares, rental income, investments or pension rights may need to be disclosed even if the asset is held solely in one spouse’s name. Overseas debts and tax liabilities can be just as important as assets.
It is important to note that although the legal character of an asset abroad may require Romanian advice, that character does not by itself dictate the outcome of English financial proceedings.
Cross-border disclosure can require Romanian land records, bank statements, company information, and pension evidence; documents may need certified translation, while property or a business may require a local valuation. Currency changes can affect both negotiations and the eventual implementation of a settlement, and tax consequences should also be checked in each relevant country before an asset is transferred or sold.
The Brookman team can advise on English disclosure and financial remedies while working alongside Romanian lawyers, valuers, accountants or tax advisers when local expertise is required.
Prenuptial and postnuptial agreements
An agreement may be particularly useful for a British-Romanian couple who expects to live in both countries, owns property in Romania, or wishes to protect a family business or inherited wealth. The drafting should take account of the places where the couple may live and where a future divorce might occur, rather than assuming that one document will have the same effect everywhere. Separate Romanian advice may be needed on the agreement’s form, registration, and likely treatment in Romania.
Children living or travelling between the two countries
A disagreement can concern the child’s main home, time with each parent, schooling, medical decisions, holidays, or the practical arrangements for travel between counties. If the courts of England and Wales have jurisdiction, the child’s welfare is their paramount consideration, and the court may make Child Arrangements Orders, Specific Issue Orders or Prohibited Steps Orders depending on the facts of the case.
A parent proposing to relocate permanently from England and Wales to Romania will usually need the consent of everyone with parental responsibility or permission from the court. Temporary travel also deserves care; clear written consent, agreed dates, and full itinerary information can reduce misunderstandings.
However, if a parent genuinely fears that a child may be taken to Romania without permission or retained there after a visit, urgent advice should be obtained, as preventive orders and passport-related measures may be available in England and Wales.
International child abduction and Hague arrangements
Romania and the UK are connected through the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention provides a structured process for seeking the prompt return of a child who has been wrongfully removed from, or retained away from, the country of habitual residence. It is concerned primarily with which country should decide the longer-term issues, rather than conducting a full welfare dispute about where the child should ultimately live.
Distinctive features of family law in Romania
Romanian family law forms part of a civil-law system and differs from the law of England and Wales in both procedure and terminology. Divorce by mutual consent may be available through a court and, in qualifying circumstances, through an administrative or notarial procedure. A contested divorce is dealt with by the court. Romanian law also recognises grounds that include serious deterioration of the matrimonial relationship, a de facto separation lasting at least two years, and specified health circumstances.
Romanian law does not provide a separate status of legal separation equivalent to that found in some jurisdictions, although spouses may live apart and property issues may be addressed judicially. Following divorce, questions concerning parental authority, the child’s home, contact, and each parent’s contribution to the child’s expenses may be determined. Joint parental authority is generally the starting point described in the Romanian framework, but local advice is necessary for any individual case. Romanian law also provides matrimonial-property regimes and rules for identifying separate and common property, contributions and liabilities.
Contact the Brookman team for international family-law advice
If your divorce, financial arrangements, children dispute, or relocation plans involves England and Romania, contact the Brookman team for advice before important decisions are made or proceedings are started.
Or call us: +44 (0)20 7430 8470