back
Divorce at the notary: simpler, but less in demand
Whereas until last year divorce could be pronounced by the civil registrar, when the spouses separated amicably, or by the judge - when there was a dispute, an alternative procedure was introduced last year. Citizens can now also apply to a notary for the dissolution of a marriage if the spouses have signed a settlement agreement.
Whereas until last year divorce could be pronounced by the civil registrar, when the spouses separated amicably, or by the judge - when there was a dispute, an alternative procedure was introduced last year. Citizens can now also apply to a notary for the dissolution of a marriage if the spouses have signed a settlement agreement. Even though a notarised dissolution is simpler, has the same legal force and can take at least a month, many divorcing couples still opt for the traditional method, going to court. Statistics show that in 2020, 3,928 marriages were annulled in court and only 321 in a notary's office. Since March 2019 in Moldova the Law on Notarial Procedure has entered into force, which allows notaries to issue marriage dissolution decrees. Veronica Eni is a consultant at a notary's office in Chisinau, and she handled the first divorce file at the notary's office immediately after the law came into force. According to her, the divorce procedure at the notary's office starts with a petition signed by both spouses, according to the model approved by the Ministry of Justice. Veronica Eni explains that the spouses can opt to have the marriage annulled by a notary only when there is no dispute between them, even if they have children together: "At the same time as the marriage is annulled, they sign an agreement setting out the details of the minors' residence, maintenance and the way in which the joint assets are to be shared. The notary will not dissolve the marriage unless the fate of the children is determined. To this end, an agreement is drawn up to establish the domicile and determine the amount of maintenance for the minor children". After filing the application with the notary, the spouses are given a 30-day cooling-off period during which they can withdraw their application. This period may be extended, with the spouses' agreement, by a maximum of 30 days. The notary will then issue the dissolution of the marriage by agreement of the spouses. The notary fees for the whole divorce procedure amount to up to 1 000 lei, and if there are minor children involved, a fee will also be charged for the maintenance agreement. Although it seems more convenient and quicker, this service is not in great demand. According to data from the Public Services Agency, in 2019 notaries issued 299 divorce decrees, and in January-November 2020 - 321. Divorce by court can take up to a year At the same time, according to the Agency for the Administration of Courts under the Ministry of Justice, in 2018, 9,989 marriages were dissolved through the court, in 2019 - 8,880, and in the first 9 months of 2020 - 3,928 marriages. Livia Mitrofan, a judge at the Chisinau Court of Appeals, Centre seat, has had 41 cases of dissolution of marriages in the last two years, including the establishment of child support. The magistrate confirms that divorce through the courts is delayed for various reasons. "Divorce by court is a lengthy procedure. If you file a petition, the hearing is set after 2-3 months, depending on the judge's agenda. These cases are not heard quickly. If I see the spouses arguing, I give them another six months to reconcile. I think couples should only come to court when there is a dispute. The magistrate is not an authority that legalises something, but examines a dispute," says Mitrofan. Divorce by notary: simpler, more efficient and less expensive Lawyer Veronica Mihailov-Moraru, a former state secretary at the justice ministry, says the law introducing this alternative legal instrument for ending a marriage, applied in many democratic countries, was necessary in Moldova. "The dissolution of marriage before a notary is a kind of extra-judicial alternative dispute resolution between the parties, before a person with legal and official powers. In other countries, such laws have long existed. Thus, certain categories of disputes are not concentrated in the courts alone, but are referred to certain specialised services with powers laid down by law. This will reduce the workload of the courts, which will be able to focus on the quality of justice in other types of cases. At the same time, the population will develop its level of legal literacy", says Veronica Mihailov-Moraru. She hopes that, in time, spouses who have decided to divorce will turn to this service and people will learn to identify the most reasonable and mature solutions to sensitive family disputes, the division of property or the establishment of children's residence after divorce. Have your fundamental rights and freedoms been violated? Call the free "Hotline" 080080030 from landlines or mobile phones and we will help you to be heard and refer you to the relevant public institutions. Mariana Jacot, Independent Press Association