Through the Law for the amendment of Law no. 287/2009 regarding the Civil Code, amendments are introduced concerning the divorce by agreement procedure.
What does it stipulate?
The main amendment with operational impact for companies is the establishment of a new rule regarding the family name after divorce. If until now there was a certain ambiguity or the rule of returning to the previous name applied in the absence of an agreement, the new law clarifies the situation. The implicit rule becomes the retention of the family name acquired during marriage, in cases where the former spouses do not expressly state another option before the court or the notary.
Of course, the former spouses retain their right to choose. Each can opt either for retaining the name borne during marriage, or for returning to the family name previously held. This choice will be recorded in the divorce decision or in the divorce certificate issued by the notary. The legislative amendment acts only as a safety net for situations where they omit to make a choice, eliminating legal uncertainty.
Secondarily, the law extends the competence of public notaries to ascertain divorce by agreement of the spouses even when there are minor children. The essential condition is that the parents agree on all aspects related to the children (joint exercise of parental authority, residence of minors, personal contact schedule, and contribution to upbringing and education expenses). This amendment has an indirect impact, potentially shortening personal procedures for employees in this situation, but it does not generate obligations for the employer.
What should you do?
- Update internal HR procedures regarding the modification of employees’ personal data to reflect the new implicit rule. Responsible personnel should no longer automatically assume a return to the name prior to marriage.
- Request systematically that employees undergoing a divorce present the final court decision or the notarial divorce certificate to officially confirm the post-divorce family name.
- Implement any name change in internal systems (payroll, databases, organizational charts) and in official documents only based on the supporting document attesting the final name.
Source: Official Gazette, Part I, no. 364 of April 30, 2026.
Note: This material is strictly for informational purposes and does not constitute legal, fiscal, or business advice. As the interpretation and application of legal provisions may vary significantly depending on the specific circumstances of each entity, we recommend that you seek specialized legal assistance before adopting any operational decisions based on these amendments.