Divorce by mutual consent
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Divorce by mutual consent is widely regarded as the most civilized and amicable way to end a marriage.
When a couple mutually recognizes that their relationship has reached its conclusion, opting for a mutual consent divorce is often the fastest, most painless, and cost-effective way to dissolve the marriage.
This approach reduces emotional strain and the lengthy disputes that can accompany contested divorces, allowing both parties to part ways with minimal conflict.
The legal framework for a mutual consent divorce is set out in the Family Code, the Civil Procedural Code.
According to Article 50 Family Code, the grounds for such a divorce are based on the serious and unwavering mutual consent of both spouses.
In this case, there is no designation of one party as the defendant, meaning no evidence or motives for the divorce are required since both parties are in agreement.
The key prerequisite for the court to grant the divorce is the submission of a joint claim, where both parties affirm their mutual consent to terminate the marriage.
Was sagt unserer Rechtspraxis :
Notably, a previous requirement mandating that a couple must be married for at least three years before filing for a divorce by mutual consent has been abolished.
Now, there are no time restrictions; couples can decide to dissolve their marriage at any point, without needing to meet any minimum marriage duration.
In cases where the marriage involves a foreigner or is between two foreign nationals, the divorce can still be carried out by a Bulgarian court
The reason is one of the spouses is a Bulgarian citizen or has their habitual residence in Bulgaria.
This provision ensures that international marriages are also covered under Bulgarian law when necessary.
The procedure for obtaining a divorce by mutual consent is relatively straightforward and includes several key steps:
1. Submission of a Joint Request:
Both spouses must personally sign and submit a common written request to the District Court, which has jurisdiction based on the permanent address of one of the spouses.
This request must meet specific legal requirements and must contain a declaration of their mutual agreement to dissolve the marriage.
Additionally, both spouses are required to personally confirm their agreement at a court hearing.
The request must also be accompanied by declarations, such as financial statements, and proof of payment for the court fees.
2. Agreement under Article 51 Family Code:
The spouses must come to an agreement on a range of issues, as stipulated by Article 52 Family Code.
These include:
– Child Custody: If the couple has children, they must decide on matters such as custody, the children’s place of residence, visitation rights, child support (alimony).
– Family Home:
The couple must agree on the use and ownership of the family home.
– Spousal Support:
Any arrangements for alimony between the spouses must be outlined.
– Last Names:
The spouses must agree on whether they will retain or change their last names following the divorce.
– Division of Property:
The couple may also decide to divide any real estate acquired during the marriage.
Once this agreement is approved by the court, it is registered with the Registry Agency, and any changes to property ownership are reflected.
The agreement can also address the division of other responsibilities, such as loans or credits taken during the marriage, regardless of which spouse’s name appears on the loan agreements.
3. Court Hearing:
Once the joint request and accompanying documents are submitted, the court will review them to ensure they comply with legal requirements.
If the documentation is satisfactory, the court will schedule a hearing where both parties must be present to confirm their agreement.
Typically, the court only requires one hearing for mutual consent divorce cases.
During this hearing, the court will also ensure that any agreements concerning children are in the children’s best interests.
The court may request input from the Social Assistance Directorate to verify this.
If either spouse fails to attend the hearing or does not confirm the agreement, the case is dismissed.
However, one of the spouses can request the proceedings to be transformed into a contested divorce if the mutual agreement is not upheld.
4. Court’s Decision:
The court’s decision in a mutual consent divorce has two main components:
- first, it grants the divorce based on the mutual consent of both spouses;
- second, it confirms the terms of the agreement submitted by the couple.
The court’s decision regarding the divorce is final and cannot be appealed.
However, issues related to child custody and support may be revisited if there is a significant change in circumstances.
We understand that while the process of divorce by mutual consent may seem straightforward
It often involves navigating complex personal and financial issues.
Even when both parties agree to the divorce, their individual interests can diverge significantly.
Because the court’s decision on the divorce is final and cannot be appealed
it is crucial for both spouses to have their own legal representation to ensure their rights and interests are fully protected.
Our experienced solicitors are prepared to guide you through this process and help you achieve the best possible outcome in your divorce proceedings.
