A separation agreement is neither required nor considered a good practice in Romania. As a general rule, the age of the employee has no influence on the employment relationship, except for reaching the legal retirement age, if the individual employment contract ends de jure, if the employee does not request the continuation of his employment and/or if the employer does not accept the prosecution. Employers cannot restrict the right of women who have reached the normal retirement age for women to continue working until they reach the normal retirement age for men (the process of aligning the retirement age for men and women is still ongoing). Employees who are 18 years of age or younger may enter into a separation agreement under the same rules that apply to entering into a legally enforceable employment contract, e.B. if the employee is under 16 years of age, parental consent is required. Under Article 361, the notary draws up an inventory of movable property without taking into account the method of acquisition, and the inventory may also be drawn up for movable property acquired upon separation of property. This choice is made by signing a marriage contract (notarial deed with the consent of both spouses, given in person or by an authorized representative). The marriage contract takes effect either from the date of the marriage or from the date indicated by the parties in the particular case where they decide to change the regime of the spouse during the marriage. When we discuss the judicial amendment, it can only be made following a request from one of the spouses and only in the case of the legal community or the conventional community. Judicial amendment is necessary if one of the spouses signs acts that are dangerous to the family interest. This change can prevent these situations by applying asset separation. The competent court is the district court, which is territorially competent for the place where the last common dwelling of the spouses is located.

If the spouses did not have a common dwelling or if none of the spouses still resides in the judicial district in which their last shared dwelling was located, the application must be submitted to the court competent to hear the place where the defendant`s domicile is located. However, if the defendant is not domiciled in Romania and the Romanian courts have international jurisdiction, the claim must be addressed to the court competent to hear the place of residence of the plaintiff. If neither the plaintiff nor the defendant is domiciled in Romania, the parties may agree to file the divorce petition with a court in Romania. In the absence of such an agreement, the divorce application must be filed with the District Court of Sector 5 of Bucharest. In Romanian law, there is no concept of “legal separation”, but only the notion of “de facto separation” and judicial division of property. This is a situation that must be proven in court. In the event that the de facto separation lasted at least two years, this is a reason for the judicial judgment of a divorce. In addition to helping avoid costly litigation, such an agreement can provide both security and security.

The determination of the law applicable in Romania to family law matters concerning international spouses is governed by Law No. 105/1992 on Private International Law. In addition, personal and property relations between the spouses are governed by general national law. If the spouses have different nationalities, they are subject to the law of their common residence. General national law or the law applicable to the place of common residence shall also apply where one of the spouses changes nationality or domicile. Where the spouses are of different nationalities or have different places of residence, the personal and property relations between them shall be governed by the law of the State in which they have or have had their common residence or in which they maintain their closest common ties. If the foreign law in question does not allow the divorce or the fact under other conditions, Romanian law applies if one of the spouses is a Romanian citizen at the time of the divorce application./romania_divorce.htm Yes. The Civil Code (in which you can find more information about family relations) provides for different types of conjugal relations, depending on the wishes and interests of each spouse: the system of legal community, the separation of property and the conventional community. The spouses may choose the law of the State in which they had their habitual habitual residence or their last habitual habitual residence (if at least one of them resides there at the time of the choice of law agreement), the law of the State of which one of the spouses is a national, the law of the State in which the spouses have lived for at least three years; or Romanian law.

If the couple has children, it is necessary for such an agreement to be ratified in the family court so that each partner can exercise rights in custody, access, alimony, etc. The legal community regulates marriages if the spouses have not chosen either of the other two regimes mentioned. The rule of law is the rule and it is the most common regime. In other words, if you have not signed a marriage contract for the separation of property or the conventional community, the marriage will automatically have the legal community as a marriage regime. A good lawyer can first show you what rights and obligations you have in divorce proceedings. If you then agree, they can offer the notary`s assistance for the amicable divorce or represent you in court if there is divorce proceedings themselves or a separation of property after the divorce. If your relationship has ended but you remain connected to your ex-partner, either because of common children or because of shared assets such as a home or investments, it is beneficial for both partners to reach an agreement on how you will continue to deal with these issues despite the end of the relationship. If an application for divorce is based on the agreement between the parties, it must be signed by both spouses or by a joint representative with a certified special power of attorney. If the agent is a lawyer, he certifies the signatures of the spouses in accordance with the law. Severance pay for individual dismissal is payable only if it is agreed as such in the individual or collective employment contract. The only time the Labour Code stipulates that severance pay (without specifying the amount) must be negotiated is the physical and/or mental inability to perform the activity required in the job description.

The Labour Code simply provides that this compensation must be negotiated in collective agreements, which means that in the absence of such an agreement, the employer cannot be persuaded to pay the employee an amount upon dismissal. Yes. The law provides for a right of retention for each of the spouses, at the end of the system of separation of property, for the property of the other spouse, until the full coverage of the debts they owe themselves. In order to determine the law applicable to private international relations, the Romanian court shall apply either Regulation (EU) No 1259/2010 of 20 December 2010 on the implementation of enhanced cooperation in the field of the law applicable to divorce and legal separation, or the provisions of Article 2597 and subsequent articles of the Civil Code. . . .