After the divorce, the name during the marriage can be kept without the consent of the ex-husband – project adopted by the Senate

The name during the marriage can be kept, after the divorce, without the consent of the ex-husband, stipulates a legislative proposal to amend the Civil Code, which was adopted by the Senate on Monday.

• The legislative proposal will also be debated by the Chamber of Deputies, which is the decision-making body in this case.

“When the marriage is dissolved by divorce, each of the spouses can choose to keep the name they used during the marriage or to return to the name they used before. The court takes note of this manifestation of will through the divorce decree. If the spouses do not choose the name they will use after the divorce, each of the former spouses will keep the name used during the marriage,” the draft adopted by the Senate states.

According to the statement of reasons for the project initiated by a group of PNL, USR, PSD and minority parliamentarians, the normative act aligns national legislation with the jurisprudence of the European Court of Human Rights (ECHR) and European standards in the field of fundamental rights, contributing to the modernization and balancing of family law, reports Agerpres.

“We initiated this project with the thought of mothers who, in addition to the weight of a divorce, should no longer carry the burden of losing the name by which they are known by their children or in their social and professional life. Identity is not rewritten through a formality. Through this law we can offer peace, continuity and respect and fewer roads, less bureaucracy and more security for women who are rebuilding their lives. It is a simple change, but with a profound impact in everyday life every day”, said USR MP Pollyana Hangan, one of the initiators of the legislative amendment, according to a press release.

USR deputy Iulian Lorincz highlighted that this initiative eliminates “an outdated procedure, which places an additional burden on Romanians from the Diaspora”.

In its current form, the Civil Code provides that, in the event of a divorce, one of the spouses can keep the name during the marriage only if the other spouse agrees or, in the case of a refusal, if the valid reasons justifying the retention of the name acquired during the marriage can be proven in court.