According to Romanian law, marriage is concluded between a man and a woman with  their personal and free consent. In addition, spouses must also meet the following conditions:

Minimum age for marriage

Both of you must be at least 18 years old.

As an exception, for justified reasons, you can get married if you reached the age of 16. In this case, a medical opinion is required, along with the consent of your parents or, as the case may be, the guardian, and the authorization of the guardianship court.

The medical certificate must be obtained before obtaining parental consent. This certificate should clearly state your overall health condition, including your level of physical, mental, and intellectual maturity. In cases where the prospective spouse is already pregnant, the certificate should also mention this information.

If one of the parents refuses to consent to the marriage, the guardianship court decides on this matter, taking into account your best interest.

Monogamy

You cannot get married if you are already married. Polygamy is forbidden in Romania.

Marriage between relatives

Marriage between direct line relatives is prohibited, as well as between collateral relatives up to and including the fourth degree. Kinship is collateral when multiple individuals share a common ancestor (for example: siblings are collateral relatives). The degree of kinship is determined as follows:

• in a direct line, based on the number of births: thus, children and parents are first-degree relatives, grandchildren and grandparents are second-degree relatives;

• in the collateral line, based on the number of generations, ascending from one of the relatives to the common ascendant and  then descending to the other relative; thus:

  • siblings are second-degree relatives; 

  • uncles or aunts and nephews or nieces are third-degree relatives; 

  • first cousins are fourth degree relatives.

However, in exceptional cases, marriage between collateral relatives up to the fourth degree can be approved by a  guardianship court, based on a medical opinion issued in this regard. 

It is also forbidden to marry someone who became your relative through adoption.

A person placed under special protection 

If you benefit from special guardianship or another protection measure, you must inform the guardian under whose protection you are, in writing, before the marriage. The guardian can oppose the marriage, in which case the civil registry officer notifies the guardianship court, which will decide whether the opposition is well-founded or not.

Marriage between a guardian and the person under their protection is forbidden.

A person can be placed under a special protection measure, through a court decision, if it is assessed that he/she is not personally capable of protecting his/her interests under normal conditions.

Same-sex marriage

In Romania, same-sex marriages are  prohibited.  Same-sex marriages concluded or contracted abroad by Romanian citizens or by foreign citizens are not legally recognized in Romania.

Civil partnerships between individuals of the opposite sex or the same sex concluded or contracted abroad either by Romanian citizens or by foreign citizens are not legally recognized  in Romania.

According to the Constitutional Court, these prohibitions are constitutional to the extent that they allow the granting of the right of residence on the territory of the Romanian state, under the conditions stipulated by European law, to spouses - citizens of the European Union member states and/or citizens of third countries - from same-sex marriages, concluded or contracted in a European Union member state.

STEP 1 - Declaration of marriage

Before concluding the marriage, you will have to submit a marriage declaration at the city hall of the town / commune where either of you has their domicile or place of residence. As an exception, the marriage can be concluded at a city hall other than the one of domicile/residence, with the approval of the mayor of the city where the marriage is going to take place. 

In the marriage declaration, you shall state that there is no legal impediment to the marriage and you will mention the surname you will bear during the marriage, as well as the chosen matrimonial regime.

Regarding the surname, you have the following options:

• to keep the name you had before marriage;

• for both of you to adopt the name of one of the spouses;

• use a combination of your surnames.

Regarding the matrimonial regime, the legal community property applies automatically if you do not choose another regime. The legal community property regime means that all assets acquired during the marriage by either spouse become, from the date of acquisition, common property of both of you.

In the event that you choose a different matrimonial regime than the legal community regime, you will submit a copy of the matrimonial agreement, authenticated by a notary public. The matrimonial agreement can be concluded before or during the marriage, in which case it takes effect only from the date of its completion. 

After at least one year from the date of marriage, you can replace, whenever you wish, the existing matrimonial regime with another matrimonial regime or modify it, respecting the same conditions as when concluding the matrimonial agreement.

STEP 2 - Officiating the marriage

The marriage can be officiated starting from the 11th day after the submission of the marriage declaration, but no later than the 30th day.

The marriage is officiated, as a rule, at the headquarters of the Local Community Public Service for Personal Records (SPCLEP) of the municipality in whose territorial jurisdiction one of you has his/her domicile or residence or, as the case may be, at a location designated for this purpose, established by the mayor of that city.

By exception, it can also be officiated outside the city hall’s  premises, in places such as public gardens, parks, museums, beaches and other outdoor locations, at your request, with the approval of the mayor.

The marriage can also be officiated at the headquarters of another town hall, other than the one in whose territorial jurisdiction you are domiciled or have your residence, with the approval of the mayor of the locality where the marriage is concluded.

Two witnesses must also be present at the marriage ceremony.

In addition to the marriage declaration, the following original documents are required:

• Identity document: ID card, provisional identity card or passport for the Romanian citizen who resides abroad;

• The identity documents of the two witnesses (identity card or passport), in original, within the validity period;

• Your birth certificates;

• Medical certificate regarding your health condition (called a premarital medical certificate) issued by a doctor, based on the blood test results (to detect HIV infection or syphilis) and a lung X-ray (to detect tuberculosis). The certificate must explicitly state that you can get married andis valid for 14 calendar days from the date of issuance;

if one of you has been married before, the divorce certificate / death certificate of the former spouse or another similar document certifying the end of the marriage.

General conditions

You can get married at the headquarters of the Romanian diplomatic mission (embassy or the consular office) in the country where at least one of you has his/her domicile or residence.

The marriage can be concluded at the diplomatic mission only if you have reached the age of 18 and if neither of you holds the citizenship of the state where the diplomatic mission is accredited.

Romanian embassies and consulates abroad can officiate the marriage between two Romanian citizens if the legislation of the respective state does not prohibit this. There are countries that do not legally recognize  marriages concluded at foreign embassies or consulates and that prohibit such formalities.

The marriage concluded at a Romanian embassy or consulate is subject to the conditions set by Romanian law, unless the law of the respective state provides otherwise.

Romanian embassies and consulates are able to provide additional information, depending on local practice. You can find the complete list of diplomatic missions of Romania here.

Regarding the surname, you have the following options:

• to keep the name you had before marriage;

• for both of you to adopt the name of one of the spouses;

• use a combination of your surnames.

Regarding the matrimonial regime, the legal community property applies automatically if you do not choose another regime. The legal community property regime means that all assets acquired during the marriage by either spouse become, from the date of acquisition, common property of both of you.

In the event that you choose a different matrimonial regime than the legal community regime, you will submit a photocopy of the matrimonial agreement, authenticated by a notary public. The matrimonial agreement can be concluded before or during the marriage, in which case it takes effect only from the date of its completion. 

After at least one year from the date of marriage, you can replace, whenever you wish, replace the existing matrimonial regime with another matrimonial regime or modify it, respecting the same conditions as when concluding the matrimonial agreement.
Required document:

• marriage declaration (issued by the consulate);

• proof of residence or domicile abroad (of at least one of you);

• your identity documents (ID card or passport), in original, valid both on the date of submission the declaration and on the date of the marriage ceremony;

• identity documents of the two witnesses (ID card or passport), in original, within the validity period;

• your birth certificates, in original;

• medical certificates regarding the health condition (premarital medical certificates). Premarital medical certificates issued abroad must be translated into Romanian and legalized;

• a sworn statement attesting that you have not already registered the marriage at another embassy, consulate, or other Romanian authority;

• If one of you have been previously married, the divorce certificate/death certificate of the former spouse or a similar document proving the termination of the previous marriage;

• if necessary, authenticated statement regarding the applicable law of the matrimonial regime. In case you choose the separate property or conventional community regime, the agreement must be authenticated by a public notary in Romania.

The marriage can be officiated only after a waiting period of 10 days from the date of registering the application at the Romanian embassy or consulate.

After the marriage ceremony, the Romanian embassy or consulate issues the Romanian marriage certificate, based on your signatures and the witnesses’ in the civil status registers.

The documents submitted in order to officiate the marriage, issued by foreign authorities, will have to be translated into Romanian and certified by the Romanian embassy or consulate.

You can find out more information about the procedure you need to follow, as well as schedule your marriage registration here.

STEP 1 - Marriage declaration

Before the marriage is officiated, you will have to submit a marriage declaration at the city hall at the city hall of the domicile or place of residence of either of you. . As an exception, the marriage can be concluded at a city hall other than the one of domicile/residence, with the approval of the mayor of the city where the marriage is going to take place. 

In the marriage declaration, you shall state that there is no legal impediment to the marriage and you will mention the surname you will bear during the marriage, as well as the chosen matrimonial regime.

Regarding the surname, you have the following options:

• to keep the name you had before marriage;

• for both of you to adopt the name of one of the spouses;

• use a combination of your surnames.

Regarding the matrimonial regime, the legal community property applies automatically if you do not choose another regime. The legal community property regime means that all assets acquired during the marriage by either spouse become, from the date of acquisition, common property of both of you.

In the event that you choose a different matrimonial regime than the legal community regime, you will submit a copy of the matrimonial agreement, authenticated by a public notary. The matrimonial agreement can be concluded before or during the marriage, in which case it takes effect only from the date of its completion. 

After at least one year from the date of marriage, you can replace, whenever you wish, the existing matrimonial regime with another one or modify it,  with due respect to the same conditions as when concluding the initial matrimonial agreement.

STEP 2 - Officiating the marriage

The marriage is officiated, as a rule, at the headquarters of the Local Community Public Service for Personal Records (SPCLEP) of the municipality in whose territorial jurisdiction one of you has his/her domicile or residence or, as the case may be, at a location designated for this purpose, established by the mayor of that city.

By exception, it can also be officiated outside the premises, in places such as public gardens, parks, museums, beaches and other outdoor locations, at your request, with the approval of the mayor.

The marriage can also be officiated at the headquarters of another town hall, other than the one in whose territorial jurisdiction you are domiciled or have your residence, with the approval of the mayor of the locality where the marriage is concluded.

Two witnesses must also be present at the marriage ceremony.

If one of the future spouses does not know the Romanian language, the presence of an authorized interpreter is mandatory.

In addition to the marriage declaration, the following original documents are required:

For the Romanian citizen:

• Identity document: ID card, provisional identity card or passport for the Romanian citizen who resides abroad;

• Birth certificate;

• Medical certificate regarding the individual’s health condition (premarital medical certificate) issued by a doctor, based on the blood test results (to detect HIV infection or syphilis) and a lung X-ray (to detect tuberculosis). The certificate must explicitly state that you can get married and it is valid for 14 calendar days from the date of issuance

• if he/she has been married before, the divorce certificate / death certificate of the ex-spouse or another similar document certifying the completion of the marriage.

For the foreign citizen:

• Identity document (for European Union citizens) or passport (for citizens of other states);

• Birth certificate, translated and legalized at a notary office in Romania;

• Proof issued / authenticated by the diplomatic missions / consular offices accredited in Romania, from which it can be concluded that the foreign citizen meets the conditions required by his national law and there are no impediments to concluding the marriage in Romania;

• A document certifying the citizen's residence abroad or declaration given at a notary office in Romania regarding the residence in the country of origin;

• Medical certificate regarding your health condition (called a premarital medical certificate) issued by a doctor, based on the blood test results (to detect HIV infection or syphilis) and a lung X-ray (to detect tuberculosis). The certificate must explicitly state that you can get married and it is valid for 14 calendar days from the date of issuance;

• if one of you has been married before, the divorce certificate / death certificate of the ex-spouse or another similar document certifying the completion of the marriage.

ATTENTION! Depending on the state where the future spouse's (foreign citizen) documents were issued, you will need to follow some additional formalities:

1. Documents issued by EU member states are exempt from apostille or any other legalization formality.

2. If the translation into Romanian is done by an authorized translator from one of the states with which Romania has concluded treaties/conventions/agreements of judicial assistance, the document no longer needs to be super-legalized/apostilled. The states with which Romania has concluded such agreements are:

• Albania

• Austria

• Belgium - apostille may be required 

• Bosnia and Herzegovina

• Croatia

• Serbia

• Slovenia

• North Macedonia

• Montenegro

• Bulgaria - apostille may be required

• Czech Republic

• Slovakia

• Republic of Moldova

• Mongolia

• Poland

• Russian Federation

• Ukraine

• Hungary

• Cuba

• North Korea

• China - requires super-legalization, except for the Macau and Hong Kong provinces, where apostille is required

• France

3. The multilingual extract of birth issued under the International Commission on Civil Status Convention No. 16 regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

4. In the case of documents issued by other states, the document will need to be apostilled or super-legalized.

General conditions 

You can get married at the headquarters of the Romanian diplomatic mission (embassy or the consular office) in the country where at least one of you has his/her domicile or residence.

The marriage can be officiated at the diplomatic mission only if you have reached the age of 18 and if neither of you holds the citizenship of the state where the diplomatic mission is accredited. For example, a Romanian citizen and a French citizen will not be able to marry at the Romanian embassy in France, but a Romanian citizen and an Algerian citizen will be able to marry at the same embassy.

Romanian embassies and consulates abroad can officiate the marriage if the legislation of the respective state does not prohibit this. There are countries that do not recognize marriages concluded at foreign embassies or consulates and that prohibit such formalities.

The marriage officiated at a Romanian embassy or consulate is subject to the conditions provided by Romanian law, unless the law of the respective state provides otherwise.

Two witnesses must also be present at the marriage ceremony.

Romanian embassies and consulates are able to provide additional information, depending on local practice. You can find the complete list of diplomatic missions of Romania here.

Regarding the surname, you have the following options:

• to keep the name you had before marriage;

• both adopt the name of one of the spouses;

• use a combination of your surnames.

Regarding the matrimonial regime, the legal community property applies automatically if you do not choose another regime. The legal community property regime means that all assets acquired during the marriage by either spouse become, from the date of acquisition, common property of both of you.

In the event that you choose a different matrimonial regime than the legal community regime, you will submit a photocopy of the matrimonial agreement, authenticated by a public notary.. The matrimonial agreement can be concluded before or during the marriage, in which case it takes effect only from the date of its completion. 

After at least one year from the date of marriage, you can replace, whenever you wish, replace the existing matrimonial regime with another one or modify it, respecting the same conditions as when concluding the initial matrimonial agreement.

Required documents

• marriage declaration;

• proof of residence or domicile abroad of the Romanian citizen;

• your identity documents (ID card or passport), in original, valid both on the date of submission the declaration and on the date of the marriage ceremony;

• identity documents of the two witnesses (ID card or passport), in original, within the validity period;

• the birth certificate of the Romanian citizen, in original;

• birth certificate of the foreign citizen, in original, and its legalized translation in Romanian language;

• medical certificates regarding the health condition (premarital medical certificates);

• If the future spouse, a Romanian citizen, had a previous marriage that was dissolved in Romania through divorce or ended due to the death of the other spouse, the original supporting documents must be submitted with the marriage declaration (if applicable, the divorce sentence, death certificate/birth or marriage certificate with annotation). If the Romanian citizen has divorced abroad or the marriage has ended due to the death of the other spouse abroad, he/she must present the birth or marriage certificate with this annotation registered by the competent authorities in Romania;

• if the future spouse, a foreign citizen, had a previous marriage that was dissolved through divorce or ended due to the death of the other spouse, the supporting documents (divorce sentence/certificate of death) and their legalized translation will be attached to the marriage declaration;

• authenticated statement regarding the applicable law of the matrimonial regime. In case you choose the separate property or conventional community regime, the authentic agreement notarized by a public notary in Romania is mandatory.

• if you are a foreign citizen, hold citizenship or originates from a country whose legislation allows polygamy, you will give a sworn declaration stating that you are not simultaneously married to another person;

• the authenticated declaration from which it can be concluded that the foreign citizen spouse does not know any reason of a legal nature that prevents the conclusion of the marriage;

• A document issued by the diplomatic mission or consular office of the foreign citizen spouse's country of citizenship, indicating that he/she meets the requirements stipulated by their national law and that there are no impediments for the marriage to be concluded at the headquarters of the Romanian diplomatic mission or consular office.

The marriage can be officiated only after a waiting period of 10 days from the date of registering the application at the Romanian embassy or consulate.

After the marriage ceremony, the Romanian embassy or consulate issues the Romanian marriage certificate, based on your signatures and the witnesses’ in the civil status registers.

The documents submitted in order to conclude the marriage, which are issued by foreign authorities, will have to be translated into Romanian and certified by the Romanian embassy or consulate.

In the case of foreign citizens who do not know the Romanian language, the presence of an authorized interpreter is mandatory when concluding the marriage.

ATTENTION! Depending on the state where the future spouse's (foreign citizen) documents were issued, you will need to follow some additional formalities:

1. Documents issued by EU member states are exempt from apostille or any other legalization formality.

2. If the translation into Romanian is done by an authorized translator from one of the states with which Romania has concluded treaties/conventions/agreements of judicial assistance, the document no longer needs to be over-legalized/apostilled. The states with which Romania has concluded such agreements are:

• Albania

• Austria

• Belgium - apostille may be required 

• Bosnia and Herzegovina

• Croatia

• Serbia

• Slovenia

• North Macedonia

• Montenegro

• Bulgaria - apostille may be required

• Czech Republic

• Slovakia

• Republic of Moldova

• Mongolia

• Poland

• Russian Federation

• Ukraine

• Hungary

• Cuba

• North Korea

• China - requires superlegalization, except for the Macau and Hong Kong provinces, where apostille is required

• France

3. The multilingual extract of birth issued under the International Commission on Civil Status Convention No. 16 regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

4. In the case of documents issued by other states, the document will need to be apostilled or over-legalized. 

You can find out more information about the procedure you need to follow, as well as schedule your marriage registration here.

STEP 1 - Marriage declaration

Before the marriage is officiated, you will have to submit a marriage declaration at the city hall of the domicile or place of residence of either of you. As an exception, the marriage can be concluded at a city hall other than the one of domicile/residence, with the approval of the mayor of the city where the marriage is going to take place. 

In the marriage declaration, you shall state that there is no legal impediment to the marriage and you will mention the surname you will bear during the marriage, as well as the chosen matrimonial regime.

Regarding the surname, you have the following options:

• to keep the name you had before marriage;

• both adopt the name of one of the spouses;

• use a combination of your surnames.

Regarding the matrimonial regime, the legal community property applies automatically if you do not choose another regime. The legal community property regime means that all assets acquired during the marriage by either spouse become, from the date of acquisition, common property of both of you.

In the event that you choose a different matrimonial regime than the legal community regime, you will submit a photocopy of the matrimonial agreement, authenticated by a public notary. The matrimonial agreement can be concluded before or during the marriage, in which case it takes effect only from the date of its completion. 

After at least one year from the date of marriage, you can, whenever you wish, replace the existing matrimonial regime with another one regime or modify it, respecting the same conditions as when concluding the initial matrimonial agreement.

STEP 2 - Officiating the marriage

The marriage will be officiated starting from the 11th day after the submission of the marriage declaration, but no later than the 30th day.

The marriage is officiated, as a rule, at the headquarters of the Local Community Public Service for Personal Records (SPCLEP) of the municipality in whose territorial jurisdiction one of you has his/her domicile or residence or, as the case may be, at a location designated for this purpose, established by the mayor of that city.

By exception, it can also be officiated outside the premises, in places such as public gardens, parks, museums, beaches and other outdoor locations, at your request, with the approval of the mayor.

The marriage can also be officiated at the headquarters of another town hall, other than the one in whose territorial jurisdiction you are domiciled or have your residence, with the approval of the mayor of the locality where the marriage is concluded.

IIf one of the future spouses does not know the Romanian language, the presence of an authorized interpreter is mandatory during the marriage ceremony. .

In addition to the marriage certificate, the following original documents are required:

For the Romanian citizen:

• Identity document: ID card, provisional identity card or passport for the Romanian citizen who resides abroad;

• Birth certificate;

• Medical certificate regarding the individual’s health condition (premarital medical  certificate) issued by a doctor, based on the blood test results (to detect HIV infection or syphilis) and a lung X-ray (to detect tuberculosis). The certificate must explicitly state that you can get married and it is valid for 14 calendar days from the date of issuance

• if he/she has been married before, the divorce certificate / death certificate of the ex-spouse or another similar document certifying the completion of the marriage.

For the foreign citizen:

• Identity document (for European Union citizens) or passport (for citizens of other states);

• Birth certificate, translated and legalized at a notary office in Romania;

• Proof issued / authenticated by the diplomatic missions / consular offices accredited in Romania, from which it can be concluded that the foreign citizen meets the conditions required by his national law and there are no impediments to concluding the marriage in Romania;

• A document certifying the citizen's residence abroad or declaration given at a notary office in Romania regarding the residence in the country of origin;

• Medical certificate regarding the individual’s health condition (premarital medical certificate) issued by a doctor, based on the blood test results (to detect HIV infection or syphilis) and a lung X-ray (to detect tuberculosis). The certificate must explicitly state that you can get married and it is valid for 14 calendar days from the date of issuance

• if he/she has been married before, the divorce certificate / death certificate of the ex-spouse or another similar document certifying the completion of the marriage.

ATTENTION! Depending on the state where the future spouse's (foreign citizen) documents were issued, you will need to follow some additional formalities:

1. Documents issued by EU member states are exempt from apostille or any other legalization formality.

2. If the translation into Romanian is done by an authorized translator from one of the states with which Romania has concluded treaties/conventions/agreements of judicial assistance, the document no longer needs to be super-legalized/apostilled. The states with which Romania has concluded such agreements are:

• Albania

• Austria

• Belgium - apostille may be required 

• Bosnia and Herzegovina

• Croatia

• Serbia

• Slovenia

• North Macedonia

• Montenegro

• Bulgaria - apostille may be required 

• Czech Republic

• Slovakia

• Republic of Moldova

• Mongolia

• Poland

• Russian Federation

• Ukraine

• Hungary

• Cuba

• North Korea

• China - requires super-legalization, except for the Macau and Hong Kong provinces, where apostille is required

• France

3. The multilingual extract of birth issued under the International Commission on Civil Status Convention No. 16 regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

4. In the case of documents issued by other states, the document will need to be apostilled or over-legalized.

General conditions

You can get married at the headquarters of the Romanian diplomatic mission (embassy or the consular office) in the country  where at least one of you has his/her domicile or residence.

The marriage can be officiated at the diplomatic mission only if you have reached the age of 18 and if neither of you holds the citizenship of the state where the diplomatic mission is accredited. For example, a Romanian citizen and a French citizen will not be able to marry at the Romanian embassy in France, but a Romanian citizen and an Algerian citizen will be able to marry at the same embassy.

Romanian embassies and consulates abroad can officiate the marriage if the legislation of the respective state does not prohibit this. There are countries that do not recognize marriages concluded at foreign embassies or consulates and that prohibit such formalities.

The marriage concluded at a Romanian embassy or consulate is subject to the conditions provided by Romanian law, unless the law of the respective state provides otherwise.

Two witnesses must also be present at the marriage ceremony.

Romanian embassies and consulates are able to provide additional information, depending on local practice.
Regarding the surname, you have the following options:

• to keep the name you had before marriage;

• both adopt the name of one of the spouses;

• use a combination of your surnames.

Regarding the matrimonial regime, the legal community property applies automatically if you do not choose another regime. The legal community property regime means that all assets acquired during the marriage by either spouse become, from the date of acquisition, common property of both of you.

In the event that you choose a different matrimonial regime than the legal community regime, you will submit a photocopy of the matrimonial agreement, authenticated by a public notary. The matrimonial agreement can be concluded before or during the marriage, in which case it takes effect only from the date of its completion. 

After at least one year from the date of marriage, you can replace, whenever you wish, replace the existing matrimonial regime with another matrimonial one or modify it, respecting the same conditions as when concluding the initial matrimonial agreement.

Required documents

• marriage declaration;

• proof of residence or domicile abroad of the Romanian citizen;

• your identity documents (ID card or passport), in original, valid both on the date of submission the declaration and on the date of the marriage ceremony;

• identity documents of the two witnesses (ID card or passport), in original, within the validity period;

• the birth certificate of the Romanian citizen, in original;

• birth certificate of the foreign citizen, in original, and its legalized translation in Romanian language;

• medical certificates regarding the health condition (premarital certificates);

• If the future spouse, a Romanian citizen, had a previous marriage that was dissolved in Romania through divorce or ended due to the death of the other spouse, the original supporting documents must be submitted with the marriage declaration (if applicable, the divorce sentence, death certificate/birth or marriage certificate with annotation). If the Romanian citizen has divorced abroad or the marriage has ended due to the death of the other spouse abroad, he/she must present the birth or marriage certificate with this annotation registered by the competent authorities in Romania;

• if the future spouse, a foreign citizen, had a previous marriage that was dissolved through divorce or ended due to the death of the other spouse, the supporting documents (divorce sentence/certificate of death) and their legalized translation will be attached to the marriage declaration;

• authenticated statement regarding the applicable law of the matrimonial regime. In case you choose the separate property or conventional community regime, the authentic agreement notarized by a public notary in Romania is mandatory.

• if you are a foreign citizen, hold citizenship or originates from a country whose legislation allows polygamy, you will give a sworn declaration stating that you are not simultaneously married to another person;

• the authenticated declaration from which it can be concluded that the foreign citizen spouse does not know any reason of a legal nature that prevents the conclusion of the marriage;

• A document issued by the diplomatic mission or consular office of the foreign citizen spouse's country of citizenship, indicating that he/she meets the requirements stipulated by their national law and that there are no impediments for the marriage to be concluded at the headquarters of the Romanian diplomatic mission or consular office.

The marriage can be officiated only after a waiting period of 10 days from the date of registering the application at the Romanian embassy or consulate.

After the marriage ceremony, the Romanian embassy or consulate issues the Romanian marriage certificate, based on your signatures and the witnesses’ in the civil status registers.

The documents submitted in order to officiated the marriage, which are issued by foreign authorities, will have to be translated into Romanian and certified by the Romanian embassy or consulate.

If one of the future spouses does not know the Romanian language, the presence of an authorized interpreter is mandatory during the marriage ceremony..

ATTENTION! Depending on the state where the future spouse's (foreign citizen) documents were issued, you will need to follow some additional formalities:

Documents issued by EU member states are exempt from apostille or any other legalization formality.

If the translation into Romanian is done by an authorized translator from one of the states with which Romania has concluded treaties/conventions/agreements of judicial assistance, the document no longer needs to be over-legalized/apostilled. The states with which Romania has concluded such agreements are:

• Albania

• Austria

• Belgium - apostille may be required 

• Bosnia and Herzegovina

• Croatia

• Serbia

• Slovenia

• North Macedonia

• Montenegro

• Bulgaria - apostille may be required

• Czech Republic

• Slovakia

• Republic of Moldova

• Mongolia

• Poland

• Russian Federation

• Ukraine

• Hungary

• Cuba

• North Korea

• China - requires superlegalization, except for the Macau and Hong Kong provinces, where apostille is required

• France

The multilingual extract of birth issued under the International Commission on Civil Status Convention No. 16 regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

In the case of documents issued by other states, the document will need to be apostilled or over-legalized. 

You can find out more information about the procedure you need to follow, as well as schedule your marriage registration here.

We are getting married in Romania

📌 STEP 1 - Marriage declaration

Before concluding the marriage, the spouses must submit a marriage declaration at the town hall of the domicile or place of residence of either of the future spouses. As an exception, the marriage can be concluded at a city hall other than the one of domicile/residence, with the approval of the mayor of the city where the marriage is to take place. 

In the marriage declaration, the future spouses shall state that there is no legal impediment to the marriage and will mention the surname they will bear during the marriage, as well as the chosen matrimonial regime.

Regarding the surname, the spouses have the possibility to:

• each keep the name they had before marriage,

• both adopt the name of one of the spouses,

• use a combination of their surnames.

In the event that the future spouses establish a different matrimonial regime than the legal community regime, they will submit a photocopy of the matrimonial agreement, authenticated by a notary public. The matrimonial agreement can be concluded before marriage, in which case it takes effect only from the date of marriage. The matrimonial agreement can also be concluded during the marriage, in which case it takes effect from the date of its conclusion. After at least one year from the date of marriage, the spouses can, whenever they wish, replace the existing matrimonial regime with another matrimonial regime or modify it, respecting the same conditions as when concluding the matrimonial agreement.

📌 STEP 2 - Concluding the marriage

The marriage will be concluded starting from the 11th day after the submission of the marriage declaration, but no later than the 30th day.

The marriage is concluded as a rule at the headquarters of the Local Community Public Service for Personal Records (SPCLEP) of the municipality in whose territorial jurisdiction one of the future spouses has his domicile or residence or, as the case may be, at a location designated for this purpose, established by the mayor of that city.

By exception, it can also be concluded outside the premises, in places such as public gardens, parks, museums, beaches and other outdoor locations, at the request of the future spouses, with the approval of the mayor.

The marriage can also be concluded at the headquarters of another local Registry of Personal Records or, as the case may be, at a town hall other than the one in whose territorial jurisdiction the future spouses are domiciled or have their residence, with the approval of the mayor of the locality where the marriage is concluded.

In the case of foreign citizens who do not know the Romanian language, the presence of an authorized interpreter is mandatory when concluding the marriage.

Pe lângă declarație de căsătorie, sunt necesare următoarele documente în original:

🗂 For the foreign citizen:

• Identity document (for European Union citizens) or passport (for citizens of other states);

• Birth certificate, translated and legalized at a notary office in Romania;

• Proof issued / authenticated by the diplomatic missions / consular offices accredited in Romania, from which it can be concluded that the foreign citizen meets the conditions required by his national law and there are no impediments to concluding the marriage in Romania;

• A document certifying the citizen's residence abroad or declaration given at a notary office in Romania regarding the residence in the country of origin;

• Documents relating to the dissolution of any previous marriage, if applicable.

⚠️ ATTENTION!

Depending on the state where the future spouse's (foreign citizen) documents were issued, you will need to follow some additional formalities:

1. Documents issued by EU member states are exempt from apostille or any other legalization formality.

2. If the translation into Romanian is done by an authorized translator from one of the states with which Romania has concluded treaties/conventions/agreements of judicial assistance, the document no longer needs to be over-legalized/apostilled. The states with which Romania has concluded such agreements are:

3. The multilingual extract of birth issued under the International Commission on Civil Status Convention No. 16 regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

4. In the case of documents issued by other states, the document will need to be apostilled or over-legalized.

📌 The legal community property regime

The legal community property regime entails that all assets acquired during marriage by either spouse are considered, from the date of their acquisition, joint assets of the spouses. For instance, wages earned by spouses, income from intellectual property, real estate or cars purchased during the marriage are considered community property.

By exception, there are also assets that, although acquired during marriage, are not considered joint assets, but rather the separate property of each spouse, such as:

• assets acquired by inheritance or donation;

• personal use assets;

• professional assets (assets used by one of the spouses when exercising their profession) 

As spouses, you manage and use the common assets together and dispose of (e.g. sell) them in the same manner.

Legal community property regime applies when you do not choose another matrimonial regime.

📌 The conventional community property regime

The conventional community property regime implies that you can choose which assets and liabilities will be considered as communal, regardless of whether they are acquired before or after the marriage. For example, future spouses may decide that a property, which was owned by one of you, becomes joint property after marriage, or that certain debts or income streams remain separate.

The matrimonial agreement through which you and your future spouse decide upon the  conventional community property regime must be authenticated by a notary public.

📌 Separation of property

Separation of property implies that each spouse keeps the assets they owned before the marriage and will become the sole owner of the property they acquire individually during the marriage.

The separation of property regime must be authenticated by a notary public.

After at least one year from the date of marriage, you can replace, whenever you wish, replace the existing matrimonial regime with another matrimonial regime or modify it, respecting the same conditions as when concluding the matrimonial agreement.

You have to take all decisions regarding your marriage together. 

You must use the declared joint surname during the marriage. If you agreed to bear a common surname and declared it at the time of marriage, neither of you can request for your surname to be changed, administratively, without the consent of the other spouse.

You owe each other respect, fidelity and moral support.

You have toprovide each other with mutual material support and to contribute, according to your own means, to the expenses of the marriage, unless otherwise agreed through a marital agreement. The work of either spouse in the household or raising the children is also a contribution to the expenses of the marriage.

Neither of you has the right to control or censor the other's correspondence (including electronic correspondence), social relations or choice of profession.

ATTENTION! If your partner mistreats, hits, insults or is abusive to you in any other way, you are entitled to protection against domestic violence! Learn more about domestic violence, its forms and the tools that can protect you here.

You have the duty to live together. For valid reasons, you may decide to live separately. For example, you may decide that it is more advantageous for one of you to work abroad or in a different location.

Neither of you can sell the family home, even if you are the sole owner of it, without the written consent of the other spouse.

In the event of the death of one of the spouses, the law protects the surviving spouse, allowing him/her to live free of charge in the property he/she shared with the deceased, if he has no other property to move to. The right of residence ends upon division, but no earlier than one year from the date of the opening of the inheritance.

If you live together in a leased property, both of you are considered tenants, even if the agreement is signed by the owner with only one of you.

In the event of the death of the spouse who is the titular tenant of the lease agreement, the contract automatically continues with the surviving spouse as the titular tenant, unless they waive it.

As spouses, you will jointly manage and use the common assets and dispose of (e.g. sell) them as such.

Usually, assets acquired during marriage by either of you are, from the date of their acquisition, joint assets of the spouses. For example, wages earned by spouses, income from intellectual property, real estate or cars purchased during the marriage are considered community property.

By exception, there are also assets that, although acquired during marriage, are not considered joint assets, but rather the separate property of each of you, such as:

• assets acquired by inheritance or donation;

• personal use assets;

• professional assets (assets used by one of the spouses when exercising their profession). 

None of you can alienate or encumber a piece of land or a building that is part of the joint assets, without the written consent of the other spouse. By encumbrance, we mean a limitation of the rights you have over that property. For example, an apartment can be encumbered by a mortgage (it is used as a guarantee for a bank loan) or by a rental agreement (which limits the possibility for you to use it).

Both of you are jointly liable with your common assets for:

- expenses incurred in the administration of any of your common assets;

- the obligations you contracted together;

- the obligations contracted by each of you to fulfill the usual needs of the marriage.