Divorce Procedure in Bulgaria
Many people in the last couple of years asked the lawyers in the office for Divorce Procedure in Bulgaria.
The divorce procedure in Bulgaria is performed according to the Bulgarian Family Code.
To initiate the divorce process, the party seeking the divorce must submit a divorce petition to the relevant local court.
The petition should include detailed information about the marriage, the grounds for divorce, and any supporting evidence.
If the divorce is mutual, both parties can submit a joint petition.
Once the petition is submitted, it will be served to the defendant, who has a specific time period to respond.
The court may suggest mediation to help the couple reach an agreement.
If mediation is unsuccessful or declined, the case proceeds to trial.
It is essential to have legal representation throughout the divorce process, especially when dealing with complex issues like child custody and division of assets.
Jurisdiction and Applicable Law
Determining the jurisdiction and applicable law is crucial when dealing with a divorce involving a foreign national in Bulgaria.
Divorce cases involving foreign nationals in Bulgaria are subject to specific rules outlined in international treaties and domestic legislation.
The applicable law typically depends on the nationality and residency status of the parties involved.
Seeking professional legal advice is essential to ensure compliance with relevant regulations.
Division of Assets after Divorce
One of the significant consequences of divorce is the division of assets acquired during the marriage.
In Bulgaria, there are several property marital regimes that can be used for the division of assets.
The statutory marital property regime involves the equal division of assets acquired during the marriage. However, personal property acquired before the marriage is not considered for the division of assets.
Under the separate property regime, assets acquired during the marriage are held separately by each spouse. Upon divorce, each spouse is entitled to a percentage of the other’s assets, depending on factors such as child custody and care.
The contractual regime, established through a prenuptial agreement, allows couples to determine the division of assets in case of divorce.
Any assets not covered by the prenuptial agreement fall under the distribution of assets governed by other regimes.
Divorce and the Interests of Children
In case of divorce, the interests of children must be protected.
The court ensures that the settlement reached by the spouses safeguards the best interests of the children. If the settlement is incomplete or fails to protect the children’s interests, the court may dismiss the divorce petition.
It is important to consider the well-being of the children and establish a parenting plan that addresses their needs and ensures their continued care and support.
Divorcing in Bulgaria as a Foreign Citizen
Foreign citizens can apply for a divorce in Bulgaria under certain conditions.
At least one of the spouses must be a habitual resident of Bulgaria, both spouses must be Bulgarian residents, or at least one spouse must have lived in Bulgaria for at least 6 months prior to filing for divorce. It is also possible for Bulgarian citizens to obtain a divorce in an EU country.
It is advisable to seek legal assistance when navigating the divorce process in Bulgaria as a foreign citizen to ensure compliance with the relevant laws and regulations.
