Divorce stamp tax in Romania: by agreement, contested, through a mediator.
Echipa Sigilia23 January 20264 min read.
Divorce is one of the most frequent actions in front of first-instance courts and, after Law 268/2024, one of the most frequently consulted categories in the judicial-fee catalogue. Three paths are open under Romanian law: divorce by agreement, contested divorce, and divorce through a mediator.
Divorce by agreement is governed by article 374 of the Code of Civil Procedure and takes place before the court when both spouses expressly consent to the divorce and have no minor children. The judicial fee is 200 Lei, under the annex to Emergency Ordinance 80/2013 as updated by Law 268/2024. The same fee applies when divorce by agreement is handled by a notary or registrar, provided there are no minor children.
Contested divorce is filed when one of the spouses does not consent to the divorce or when there are accessory heads of claim (alimony, custody of minors, division of property). The judicial fee is the fee on the main divorce action, plus a fee on each evaluable accessory head. The main action carries a minimum fee of 200 Lei.
Evaluable accessory heads (for example, property division, capitalised alimony) are taxed under the brackets of article 3(1) OUG 80/2013. For a property division of 100,000 Lei, the fee on this head is 2,105 Lei plus 2% of the portion above 50,000 Lei — that is 2,105 plus 1,000, totalling 3,105.00 Lei.
Divorce through a mediator is an alternative route, regulated by Law 192/2006. The mediation agreement is filed with the court for confirmation, and the judicial fee applies at the moment of filing. The value aligns with divorce by agreement: 200 Lei.
For any of the three paths, the fee is paid in advance and the proof is attached to the file. The Sigilia calculator automatically identifies the correct type of divorce and applies the updated tariff, including the indexation under Law 199/2025 from January 2026.