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28 January 2024

Divorce in Romania

The complete guide to divorce in Romania. What are the legal grounds for divorcing in Romania? What is the divorce law in Romania? How long does the divorce process take? Understanding the division of assets in Romanian divorce cases. Cost of divorce in Romania. The importance of legal representation by a divorce lawyer in Romania. Navigate these complexities with the help of our trusted lawyers!


Divorce in Romania: how a divorce lawyer can guide you


Divorce can be a complex and emotional process, and navigating the legalities in a foreign country can seem even more daunting. If you find yourself facing a divorce in Romania, this complete guide is here to help. From understanding the legal requirements to dividing assets and determining child custody, we've got you covered with everything you need to know. In this comprehensive guide, we'll walk you through the entire divorce process in Romania, providing you with the information and resources necessary to make informed decisions.


Whether you're an expat residing in Romania or a Romanian citizen, this guide is designed to be your go-to resource. We'll start by explaining the grounds for divorcing in Romania, including the various reasons recognized by the law. From there, we'll delve into the legal procedures involved, highlighting the necessary documents and steps to initiate the divorce process. We'll also explore the division of assets, alimony, and child custody matters, ensuring that you have a clear understanding of your rights and responsibilities. And last but not least, the importance of a divorce lawyer in Romania separation proceedings. Don't let the complexities of divorce overwhelm you. Let us take care of everything for you


Legal requirements for getting divorced in Romania. Who can file for divorce in Romania?


The process of divorce in Romania grants married couples the opportunity to officially dissolve their marriage and pursue independent lives. This weighty decision carries immense significance, as it can profoundly alter the lives of those entangled. In Romania, divorce can be obtained either through mutual agreement or by establishing fault-based grounds. 


In order to initiate divorce proceedings in Romania, it is necessary for you to have either gotten married in Romania or have your marriage certificate officially recognized in the country. 


The legislation in Romania provides regulations regarding the grounds for divorce, allowing either one or both parties to file for it. The Romanian Civil Code acts as the primary legal authority, stipulating the circumstances in which an individual can commence divorce proceedings. If you require a clear and detailed explanation on this matter, our divorce lawyers in Romania being at your service


When the relationship between spouses has been harmed or deteriorated in any way, as we will see below, one of the spouses has the right to initiate divorce proceedings. Another scenario where a spouse may also claim the divorce in Romania is once the legal separation period has concluded. This customary separation period lasts for two years, during which the spouses are encouraged to work on resolving their marital issues. If the legal separation does not lead to a resolution, the spouse can then proceed to request the dissolution of the marriage.


If both spouses in a couple agree to end their marriage, they can proceed both with a divorce without the need for a divorce court. Instead, they can use the services of a public notary. However, if there are minor children involved, the process becomes more complex. The protection and welfare of the children take center stage in this legal procedure, and the authorities will prioritize ensuring that their needs are adequately addressed. 


Our divorce lawyers are here to help in all these separation proceedings.


If these conditions are met, the spouses (parents) will need to reach an agreement on various legal matters, including the amount of child support to be paid by one parent to the other, the designated residence for the child, and the determination of custody arrangements. In most cases, Romanian courts tend to prioritize the mother's rights, although shared custody has gained significant popularity in recent years.


Types of divorce in Romania


In Romania, there are primarily two types of divorce regulated by the Romanian Civil code: mutual consent divorce and fault-based divorce. In a mutual consent divorce, both parties willingly agree to terminate their marriage and present a joint request to the court, or to the notary or the the City Hall where the marriage has been conducted. This type of divorce is usually quicker and less contentious, as it avoids prolonged legal disputes. Conversely, fault-based divorce necessitates one party to provide evidence of a significant offense committed by the other, such as adultery, abandonment or abuse.


Divorce in Romania before the court (the judicial divorce)


In the event that the spouses are unable to reach a mutual understanding or agreement, it becomes necessary for them to seek resolution through the legal system. When faced with complex issues or conflicts that cannot be resolved through open communication or mediation, going to court provides a formal platform where a judge can make decisions based on the law and evidence presented by both parties. This legal remedy ensures that the rights and interests of each spouse are protected and that a fair and impartial judgment is reached.


In the event that the spouses fail to comprehend each other, or if they do not agree both on all the conditions to divorce amicable (before the notary or of the City Hall), it is imperative for them to seek resolution through legal proceedings. This particular form of divorce in Romania allows couples to terminate their marriage without any requirement for a minimum duration, offering them the freedom to dissolve their union as per their own needs and preferences. 


The court pronounces divorce based on various grounds, including mutual fault or the fault of one spouse, separation for a period exceeding 2 years, or when one spouse is abroad and represented by a lawyer. Additionally, the court can address several matters such as property division, name change after marriage, child custody, visitation schedules, and spousal support.


In situations where spouses are living or working abroad, they have the option to appoint an attorney through a special power of attorney signed at the notary when going through a divorce in court. 


If you are considering initiating divorce proceedings, our specialized divorce lawyers are here to help you compile the necessary evidence. Additionally, it is important to note that according to the law, a witness must be present during court proceedings. In cases involving child custody, children above the age of 10 are allowed to participate in court hearings and provide testimony before the judge.


Divorce by mutual consent in front of the City Hall representatives or before the public notary (administrative divorce)


Within the domain of divorce in Romania, there exists a second type referred to as administrative or notarial divorce. Romanian legislation imposes stricter regulations on the dissolution of the marital bond when it involves children born within or outside the marriage, as well as adopted children. In such instances, the marriage can only be dissolved by a public notary if both spouses are in agreement regarding all aspects of custody. 


To proceed with an amicable divorce in Romania, it is essential for the spouses to reach an agreement that encompasses various aspects of the divorce. These include determining the last name they will adopt after the marriage is dissolved in Romania, as well as addressing matters concerning parental authority, particularly when minor children are involved.


Individuals have the option to dissolve their marriage in Romania, through their mutual agreement, at the City Hall where the marriage has been conducted. This can be done even if there are no minor children involved. Alternatively, they can choose to go through the process at a public notary, regardless of whether there are minor children or not. In this case, both spouses must express their common desire the divorce and reach an agreement on all matters related to their children. 


In the event that a couple mutually agrees to divorce in Romania, they are not required to provide any explanations for their choice. All that is necessary is their consent to dissolve the marriage. When spouses are unable to reach an agreement regarding the divorce or their children, the only avenue for divorce is through the court system, where a judge presides over the proceedings. In such cases, it becomes the court's duty to determine which spouse is at fault for the dissolution of the marriage. It is conceivable for both spouses to bear the responsibility. 


When seeking a divorce in Romania at the City Hall or notary, it is compulsory for both spouses to be physically present at a public notary from the place where the marriage has been conducted or of the last common residence of the spouses. This requirement applies to both the submission of documents and the collection of the divorce certificate, after the dissolution of the marriage is ruled. It is imperative that the spouses attend together and not separately. The notary will certify: the presence of spouses; their intention to break up the marriage; their consent on the reciprocal claims and no opposition and their free consent.


To initiate the dissolution of a marriage, it is essential to engage the services of a competent notary. In order to do so, you have the option to approach any notary located in the town where the marriage was solemnized or where the last shared residence of the spouses was situated. The verification of the shared residence can be established by presenting valid identification documents or by making a declaration under the notary's official responsibility. If you happen to reside in Bucharest, you are not restricted to a specific district and can visit any notary within the city. In cases where the marriage was contracted outside the country, it is considered to be concluded at the City Hall of 1st District of Bucharest, thereby allowing you to consult a notary's office in Bucharest.


Upon joint submission by the spouses, the divorce application is registered by a notary public, allowing for a 30-day reflection period. 


The option to file for divorce in Romania is available at the notary public's office, and it can also be done by appointing a proxy with a valid notarized power of attorney. In this procedural phase, it is possible for a lawyer who specializes in family law to exclusively represent the spouses. However, the spouses themselves must be present at the notary public's office at the expiration of the 30-day period. 


Following the completion of the application process, a mandatory cooling-off period of 30 calendar days is provided to the spouses. This period allows them to reassess their decision before finalizing the divorce. Once the cooling-off period elapses, the spouses are required to appear before a notary once again. During this meeting, their determination to proceed with the divorce is verified, ensuring their consent is given freely and without any conditions. Upon meeting all necessary criteria, a divorce certificate is issued, officially terminating the marriage.


The divorce certificate will be issued by the public notary once the divorce application has been accepted and the conditions pertaining to the spouses' consent, agreement on minor children if the case (joint exercise of the parental authority, children’s residence, the timetable of the parents personal links with the children, alimony and child support of raising, educating, teaching and training their children), and family name have been thoroughly analyzed.


Please note that the divorce file may also be dismissed. In the event that one of the spouses is subject to a restraining order, unable to provide consent, or if the spouses reconcile, the application will be denied. Furthermore, if there is no consensus regarding the name each spouse will adopt after the marriage dissolution, or if they have not reached an agreement on the joint exercise of parental authority for their minor children, the application will also be rejected. However, if it is determined that the joint exercise of parental authority or the residence of the children is not in their best interests, the application will be denied. In case of a refusal to grant a divorce, the spouses have the option to directly approach the court.


Considering that the Romanian law allows for an amicable divorce as one of the options for ending a marriage, there is a significant number of individuals who prefer to opt for the notary divorce in Romania rather than going through the divorce and assets division process in the Romanian court. This preference is driven by both financial and emotional factors. Hence, it is highly recommended to seek the assistance of a lawyer specialized divorce lawyer in Romania or family law, particularly in matters of divorce and assets division.


Regarding the competent court to rule on the divorce claim, in accordance with Romanian procedural law, the court of the spouses’ last common dwelling is competent to rule on the divorce file, considering that at least one of the spouses continues to live within the range of the last common residence. If the spouses did not have a common dwelling or none of the spouses is living anymore where the last common dwelling is located, the divorce petition can be resolved by the Romanian courts, more exactly by the court where the defendant is residing. And when the defendant is not living anymore in Romania, the competent court will be the local court from the plaintiff's dwelling. If neither the plaintiff, nor the defendant are living in Romania anymore, the parties may agree to file the divorce claim at any local court from Romania and, in the lack of any agreement on this, the divorce file may be addressed to the Local Court of 5th District of Bucharest.


The most common grounds the spouses may invoke in the Romanian divorce  proceedings


In the event of seeking a divorce, the plaintiff has the option to present different justifications, including a minimum of 2 years of living apart, health complications that hinder living together, or any other circumstances that have adversely affected their relationship, such as violence, alcoholism, or infidelity.


In Romania, the process of obtaining a divorce requires careful adherence to a series of steps. Initially, it is essential for the couple to fulfill the necessary legal prerequisites, which involve providing evidence that the marriage has irreparably deteriorated. This can be achieved by substantiating grounds for divorce or proving that the marriage has been altered enough, such as adultery, abuse, or abandonment or if the continuation of the marriage is no longer possible for the spouses. Once the grounds for divorce have been established, the couple may proceed by submitting a formal petition to the court.


The grounds for divorce in Romanian cases have been identified by the as follows: when one spouse unjustifiably refuses to live with the other or abandons the conjugal home without reason (resulting in de facto separation attributed to the defendant spouse); when one spouse commits infidelity (adultery); when there is evidence of bad behavior or mistreatment (whether moral or physical); when one spouse is suffering from a serious incurable disease, which the other spouse was unaware of prior to the marriage, and if it is proven that the symptoms of the disease worsen over time and are of such a nature that the claimant spouse is justified in refusing to continue living with the defendant spouse, as the marriage has become impossible to sustain.


How long does it take to divorce in Romania?


When opting for a divorce at the City Hall or a public notary, the spouses are typically given a standard deadline of 30 days. However, if they choose to pursue a divorce through mutual agreement in court, the procedure may take anywhere from 2 to 4 months. In cases where there are disputes between the spouses regarding the divorce or the children or regarding the proofs for proving the one of the spouse's fault, the duration of a divorce lawsuit can range from 1 to 3 years.


Child custody and support in divorce proceedings in Romania


In the process of divorce, there are various factors that require resolution, including the post-divorce names of both parties, the arrangements for parental authority concerning minor children, determining the children's residence, ensuring the non-custodial spouse's visitation rights, and establishing child support obligations. Additionally, in certain cases, the spouse at fault for the divorce may be required to provide compensation in the form of moral or material damages, or even a lifetime annuity to the other spouse.


Even if the spouses have not made any specific request regarding custody, the court is required to issue a decision regarding the custody of minor children when granting a divorce decree. The court's decision is based on the best interests of the children. Prior to making its decision, the court must listen to the parents, the guardian, and children who are ten years old or older. Any agreement between the parents regarding custody of minor children does not hold any legal weight in the court's decision. If one parent has had custody of the child, that parent has both rights and obligations towards the child. The other parent still maintains the right to have personal contact with the child and to oversee their upbringing and education, including vocational training.


In the event that the married couple has children who are minors, whether born within or outside of marriage or adopted, their consent must encompass issues pertaining to the exercise of parental authority. This includes the joint exercise of parental authority, thereby preventing the possibility of granting exclusive parental authority to one of the former spouses. Additionally, the consent should address matters such as determining the children's residence following divorce, maintaining personal connections between each parent and their respective children, and establishing the parents' financial contribution towards the upbringing, education, and training of the children.


If the spouses are unable to reach an agreement on these matters, the courts will have the authority to determine the consequences of the divorce. Seeking the assistance of a family lawyer is crucial in resolving any potential disagreements between the spouses, as they can offer valuable legal advice on all aspects of divorce and its implications. Romanian Advocacy divorce lawyers strongly advises consulting with a lawyer who specializes in family law, divorces, and the division of shared assets, as they will provide expert guidance throughout the entire process.


During the divorce proceedings, it is important to acknowledge that the court has the authority to order temporary measures pertaining to the residence of the children, the visitation rights of the spouse, and the financial responsibility of one spouse to provide child support.


When a parent resides abroad, staying connected with their child who lives in Romania requires proactive measures. They can make arrangements to visit their child's residence or extend an invitation for them to visit. Furthermore, they can request regular updates by receiving photos of their child. Embracing modern communication channels such as video calls and WhatsApp calls also proves beneficial. It's worth mentioning that living in a different state should not impede the process of applying for joint custody.


Asset division in Romanian divorce


The termination of the matrimonial property regime occurs at the time of filing for divorce. Alternatively, it can be terminated from the date of separation upon the request of the spouses. The division of assets can be achieved through mutual agreement or by a court decision. The division is based on either a court ruling or a document executed in notarial form. In cases where spouses cannot agree on the division, they have the option to file an application for property division after the dissolution of the marriage. This application can be submitted during the divorce proceedings or at any point thereafter.


The termination of common ownership between spouses is achieved through the legal process of assets division. This involves the distribution of jointly owned goods between them. In Romania, a notary public can facilitate this division by drafting a division contract, wherein the co-partners agree on the specific share that each of them will become the exclusive owner of. This ensures that each individual receives their rightful portion or specific asset based on their mutual decision.


In the event of joint property, it can be partitioned through either the mutual consent of the spouses or a court ruling. Should the spouses fail to reach an agreement, the division of assets can be pursued by submitting an application subsequent to the divorce, during the divorce proceedings, as part of a principal action, or at any point thereafter (incidental or accessory application).


The allocation of property between spouses is determined by considering their respective contributions towards acquiring and maintaining joint assets. The wife's efforts in managing the household and caring for the children are also taken into consideration when assessing each spouse's contribution towards obtaining shared property. This contribution can be proven through various means, as it is based on the actual circumstances. 


When it comes to sharing an immovable real estate asset, the public notary public in Romania needs to analyze several documents. Romanian Advocacy lawyers strongly recommend to seek the advice of a lawyer who specializes in divorces and partition of common assets. This lawyer will help you gather the necessary documents and provide assistance throughout the procedure. They can even represent you before a notary public in Romania.


Alimony and spousal support in Romanian divorce. Is it possible to obtain compensation from my ex?


Following the divorce, spousal support refers to the financial support that one spouse can offer to the other. Unlike child support, which is aimed at the children, maintenance is specifically directed towards the spouse. In Romania, maintenance can only be provided under certain circumstances as determined by the law. If these circumstances are met, the divorcing spouse may experience an increase in the overall cost of divorce in Romania. 


In typical circumstances, when both partners are employed and enjoy a stable financial position, it is generally not possible for one spouse to seek support during divorce proceedings. This is due to the provision in Romanian law which states that once the divorce is finalized, neither party should have any financial obligations towards the other. Nevertheless, there exist exceptions to this regulation, and a party can seek maintenance if they were unable to work prior to, during, or within a year before the initiation of divorce proceedings. Our lawyers is well-versed in additional circumstances that may give rise to maintenance obligations.


Financial support may be granted to the former spouse if they are unable to work due to a pre-existing or marriage-related incapacity, or if they develop an incapacity within a year of the divorce due to events related to the divorce. However, if the former spouse decides to remarry, they will no longer be eligible for maintenance from their ex-partner. In cases where the divorce decree assigns fault to only one spouse, that spouse is entitled to maintenance for a period of one year, while the other spouse can receive maintenance indefinitely.


If one spouse is at fault for the divorce, the innocent spouse has the right to seek compensation if has suffered harm due to circumstances directly related to the divorce. Furthermore, the innocent spouse may also be entitled to compensation for significant financial disparities resulting from the divorce proceedings. However, this compensation is only awarded if the marriage lasted for a minimum of 20 years. It is important to note that a husband who is already receiving spousal support cannot receive additional compensatory benefits. 


The divorced spouse may receive alimony if they are experiencing significant financial hardship due to their inability to work, which may have existed prior to or during the marriage. They are eligible for alimony even if the incapacity arises within the first year of marriage, but only if it is directly related to the circumstances of the marriage. The amount of alimony will be determined as 1/4 of the liable person's net income, taking into consideration their financial means and the other spouse's income and level of need. However, it is important to note that the combined total of spousal alimony and child support cannot exceed half of the divorced husband's net income.


Step by step guide to divorce process in Romania


In Romania, the divorce process consists of several necessary steps. Initially, the couple must submit a divorce petition to the court, outlining the reasons for the divorce and presenting any relevant evidence. Subsequently, the court will arrange a hearing to examine the case and reach a decision. Once the divorce is approved, the court will issue a divorce decree, officially terminating the marriage. It is essential to bear in mind that divorce in Romania can have significant financial and emotional consequences, such as the division of assets, child custody arrangements, and spousal support. To ensure a fair and seamless transition for everyone involved, seeking legal advice and support throughout this process is of utmost importance.


Regarding the administrative divorce, the spouses must jointly submit the divorce petition to either the administrative body or public notary. Once 30 days have passed, the registrar or public notary can officially terminate the marriage through mutual agreement. However, if the spouses have not reached an agreement on their post-divorce name or custody arrangements, the divorce petition will be denied. Nevertheless, even in the face of this rejection, the spouses have the option to seek resolution through the court system. 


Once the divorce petition is filed at the Town Hall where the spouses were married, the registrar is required to update their marriage certificate to officially register the divorce and the dissolution of marriage. In cases where the petition is submitted at the Town Hall where the spouses last resided together, the registrar must first issue the marriage certificate and then promptly send it to the Town Hall where the marriage took place for the necessary update.


If you are residing outside of Romania and have entered into marriage with a Romanian citizen in the presence of Romanian authorities, it is possible to obtain a divorce in Romania. The process of divorce can be outlined as follows:

1. it is crucial to initiate communication with your Romanian spouse and strive to reach a mutual understanding regarding their cooperation in the divorce process. This pivotal step will greatly streamline the procedure, reducing both the cost and time involved;

2. empower a Romanian lawyer to represent you in front of the authorities, both the public notary and courts, in the whole divorce process;

3. please ensure that you provide all the necessary information and documents, including your identification card, passport, and Romanian marriage certificate.;

4. your empowered lawyer will handle the preparation and submission of the divorce file, as well as provide representation during all stages of the process. 

5. obtain the ultimate divorce decree and officially record it within your jurisdiction, kindly reach out to us if you require any assistance with these services.


You can contact us at: or +40 723 77 37 59 or using the contact form on at


The necessary documents for the divorce in Romania


In order to initiate the divorce process in Romania, there are certain essential documents that need to be prepared and submitted. These documents play a crucial role in ensuring a smooth and legal separation. Firstly, both parties involved in the divorce must provide their identification documents, such as passports or national identity cards. These documents serve as proof of identity and are necessary for the court to verify the individuals seeking divorce. Secondly, the marriage certificate attesting that the existence of a marriage and, thirdly, the birth certificates for the spouses and children, if the case.


Importance of hiring a divorce lawyer in Romania. How a good family law lawyer can help in the divorce procedure?


Going through a divorce can be a daunting emotional journey and a legally intricate process. When a couple makes the difficult decision to dissolve their marriage, they frequently turn to the expertise of a divorce attorney to guide them through the complex legal procedures and safeguard their rights. These attorneys are well-versed in family law and possess a wealth of knowledge and experience in handling divorce cases. 


Securing the services of a divorce lawyer in Romania is essential to effectively address all legal aspects involved. These proficient attorneys provide invaluable support throughout the divorce journey, including skillfully negotiating settlements, equitably dividing assets, determining child custody and support arrangements, and skillfully resolving any disputes that may arise. With unwavering dedication to safeguarding their clients' interests, divorce lawyers in Romania strive to achieve the optimal outcome for their clients. Their expertise plays a pivotal role in assisting individuals in navigating the complexities of divorce and embarking on a fresh start.


A skilled attorney can initially inform you about your rights and responsibilities in the divorce process. Subsequently, if you decide to proceed, they can provide support during the notary proceedings for an amicable divorce or act as your legal representative in court, should a divorce trial or asset division be necessary after the dissolution of marriage.


With a strong track record of representing clients from different parts of the world in Romanian courts, Romanian Advocacy lawyers are well-equipped to provide professional legal services to foreign citizens. Their experience ensures that international clients receive the highest level of legal assistance services, such as: consultancy and representation in divorce cases in Romania, drafting the divorce documents proceedings (divorce motion for the plaintiff, statement of defence for the defendant, notes and settlement agreements), representation in front of the administrative authorities, services related to the transcription in Romania registries of foreign certificates (birth, marriage, divorce decisions) as it has been issued by foreign entities, outside Romania.


Which are the costs of divorce? Cost of the divorce in Romania depends on the divorce procedure


The calculation of divorce expenses in Romania depends on the specific type of divorce chosen by the spouses. Opting for a procedure conducted at a notary public's office significantly reduces overall costs, as legal representation in court is not required. This is particularly beneficial in cases that may extend over several years, such as disputes regarding asset division or unresolved matters between the spouses. 


In the event that the divorce proceedings are conducted at the notary office, the couple will need to determine the fee imposed by the notary for the preparation of the divorce documents. It is important to note that the costs may differ depending on the chosen notary public, as individuals have the freedom to approach any notary public within their residing region. 


If the parties involved in a divorce case require legal representation from Romanian lawyers, which is necessary when the couple cannot reach an agreement on the divorce terms, the cost of divorce in Romania will escalate quickly. This increase is not only attributed to the lawyer's fees for handling the procedure but also includes potential court expenses. 


It is important to consider the issues related to the distribution of assets between the couple, as the court's decision can greatly impact the overall costs. In some cases, one party may be at a disadvantage and may have to sell a property and share the proceeds with the other spouse, or give up a property to the other spouse, among other possibilities. 


In cases where children are involved, the court will determine the custody arrangements and subsequently, the amount of alimony that one parent must pay until the children reach adulthood. The law sets a minimum amount for alimony, which is calculated based on the individual's monthly income. Our team of lawyers is well-equipped to offer detailed insights into the calculation process and its impact on the overall cost of divorce for one of the parents. 


If you require additional details on divorcing in Romania process, we strongly advise you to consult our lawyers for comprehensive legal guidance. Our team of lawyers is capable of representing you in court, where necessary. It is important to note, however, that in the case of a mutual divorce conducted before a public notary, you are not legally obligated to have legal representation. Nonetheless, it is highly recommended to seek legal advice even in such cases, as there may be certain aspects overlooked by the divorcing couple.


Conclusion on the divorce in Romania proceedings and the importance of hiring a divorce lawyer in Romania


In order to ensure the psychological well-being of the spouses involved in the divorce dispute, as well as considering the complexity of the case, they have the option to select a divorce lawyer from Romanian Advocacy for their legal representation.


Throughout our tenure, we have catered to clients seeking legal services in areas such as custody and placement, divorce, parental responsibility, custody and visitation rights after separation, or those in need of a divorce lawyer for courtroom representation and legal assistance. In all these instances, our clients have consistently regarded our fee as fair for the services provided by our divorce attorney. Regardless of the case's outcome, we establish a flat fee for the legal dispute in which our lawyer represents the client.


Are you looking for a divorce lawyer in Romania? Feel free to get in touch with our english speaking divorce lawyers at or +40 723 77 37 59 or using the contact form on at


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