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Car accident in Bulgaria

There are many cases, which need a legal support for car accident in Bulgaria.

Car accidents in Bulgaria are unfortunately a common occurrence, leading to a steady stream of inquiries seeking legal advice every week.

When more than two vehicles are involved in an accident, it is imperative to meticulously gather essential information from all parties involved.

This includes obtaining details on insurance policies, collecting driving licenses, and any other pertinent information that may be crucial for legal proceedings.

In cases of injury, providing immediate assistance is paramount

However, it’s crucial to exercise caution, and individuals should only be moved if there is an imminent risk of further harm.

The well-being of those involved should be the top priority, and any actions taken should prioritize their safety.

Engaging the services of a personal injury attorney emerges as the optimal solution, especially one with significant expertise in guiding clients.

How long continue a legal case in personal injury ?

The duration of a personal injury legal case in Bulgaria can vary significantly based on several factors.

Generally, personal injury cases can take anywhere from a few months to several years to resolve. Key factors that influence the duration include:

1. Complexity of the Case:

More complex cases involving severe injuries, multiple parties, or disputed liability can take longer to resolve.

2.Evidence Gathering:

The time needed to gather and present evidence, including medical reports, witness statements, and expert testimonies, can extend the duration of the case.
3.Court Schedules:

The workload and scheduling of the courts can impact how quickly a case progresses. Bulgarian courts, like many others, can have backlogs that delay proceedings.

4. Negotiations and Settlements:

If the parties are willing to negotiate and reach a settlement out of court, the case can be resolved more quickly. However, if settlement negotiations fail and the case goes to trial, it will take longer.

5. Appeals:

If any party appeals the court’s decision, this can add additional time to the overall duration of the case.

On average, a straightforward personal injury case in Bulgaria might take around 1-2 years to reach a conclusion, while more complicated cases can extend beyond this timeframe.

This includes accidents that may have occurred abroad, underlining the attorney’s capability to navigate international legal nuances.

The process of claiming compensation after a car accident in Bulgaria may appear intricate at first glance.

However, with the right information and support, the complexity can be mitigated, making the claim filing more manageable.

It’s essential for individuals involved in such incidents to understand their rights, responsibilities.

It’s essential for individuals involved in such incidents to understand their legal avenues available to them to ensure a fair and just resolution.

Legal assistance can play a pivotal role in not only simplifying the process but also in maximizing the chances of obtaining the compensation rightfully deserved.

Consequences from our legal praxis in BULGARIA

In the event that immediate transportation to a hospital becomes necessary for an injured individual, it is imperative that the accompanying person promptly returns to the scene of the accident.

It is a legal requirement in Bulgaria for all vehicles to be equipped with Liability insurance

The individuals must possess documentation verifying this specific insurance coverage at all times.

In the case of a minor traffic accident in Bulgaria, the prescribed legal steps involve each driver adhering to a straightforward traffic protocol.

This detailed guide provides a comprehensive overview of the entire process of filing a claim after a car accident in Bulgaria.

It covers essential aspects such as time constraints, the necessary evidence, and a thorough examination of the entire claim process.

Furthermore, this guide serves as a valuable resource for individuals planning to visit Bulgaria.

It furnishes crucial information on the steps to be taken in the unfortunate event of an accident, ensuring that individuals can rightfully claim the compensation they deserve.

Whether for residents or visitors, this guide is an indispensable tool for navigating the intricacies of the legal aftermath of a car accident in Bulgaria.

Bulgaria Car Accident Injury

This protocol needs to be completed by the both parties, responsible for the crash

Name and identity card details of the other driver
Full insurance details of the other driver including insurance number and expiry date
Place of the accident, names and contact details of possible witnesses
An explanation of the accident with details of the damage caused
Both parties must agree and sign the Car accident Report Form

Requesting Insurance Compensation

Compensation for damages involves the payment of a specified amount to cover both tangible and intangible losses incurred in an accident.

To initiate this process, it is imperative to possess an official police road traffic protocol detailing the direct and immediate consequences of the traffic incident.

In the pursuit of compensation for intangible damages, seeking counsel from an insurance lawyer is crucial to ensure the inclusion of all negative consequences.

On the other hand, when it comes to material damages, collaboration between you and your lawyer is essential in meticulously calculating all present and future costs borne by the driver as a result of the accident.

The minimum insurance cover in Bulgaria is:

for pecuniary and non-pecuniary loss caused by personal injury or death;
for damage to property (material items) up to BGN 2 000 000 for each insured event, whatever the number of injured parties.

Serious car accidents in Bulgaria

The first thing, you should do, participating in a serous car accident is to see & check if there are some damaged people.

Everyone should get the actions to protect yourself at the moment

You should call the traffic police & your insurance company, and to your personal injury & insurance lawyer as soon as possible;
Get the injured people out from the vehicles and from the road
Get the information from their documents and immediately alert oncoming traffic traffic & lawyers
Take the names, contact details, licence plate numbers of witnesses:
Preserve all evidences and find the withnesses on the place

The Accident Report Form is filled in by the Bulgarian road & traffic Police, who will give a signed copy to all parties involved in the accindent on the road.

Before you meet your lawyer , don’t sign any paperwork unless certain it’s understood and agreed with.

Send the report form to the insurance company (many demand it within seven days of the accident).

Navigating the Legal Process After a Car Accident in Bulgaria

In the aftermath of a car accident in Bulgaria, it is crucial to adhere to specific legal steps to ensure a smooth resolution and timely compensation.

Understanding the process and diligently following each step can greatly impact the outcome of your claim.

Report Form Submission:

After the accident, the first step involves taking the Report Form to your insurance provider.

Alongside this, you must complete an application form for claims. This initial documentation is vital in initiating the claims process.

Contacting the Insurance Company:

Alternatively, you can reach out to the insurance company’s emergency line for guidance on the proper procedure for filing a claim.

Seeking advice from the experts can help clarify any uncertainties regarding the process.

Vehicle Inspection and Insurance Transfer:

Following the submission of the necessary forms, your vehicle will undergo inspection.

Timely resolution is crucial for efficient handling of the aftermath.

Serious Accidents and Involvement of Traffic Police:

In cases where the accident is deemed serious, the Traffic Police will step in to complete a detailed form.

Copies of this form will be provided to all parties involved, enabling them to forward the documentation to their respective insurers.

This step ensures that the incident is thoroughly documented for legal purposes.

Notification Deadline:

Bulgarian insurers have set a rule requiring notice of the incident within seven days. It is imperative to adhere to this timeline to avoid potential complications in the claims process.

Consultation with an Insurance Lawyer:

Before signing any paperwork related to the accident, it is advisable to consult with an insurance lawyer in Bulgaria.

Understanding the legal implications and ensuring agreement with the documentation is crucial for protecting your rights and interests.

Obtaining Car Accident Protocol:

Immediately after the incident, claim a copy of the car accident protocol from the Bulgarian traffic police officers.

This document is of utmost importance in the legal steps that follow a car crash in Bulgaria.

It serves as a comprehensive record of the incident, contributing significantly to the resolution of legal matters.

By meticulously following these legal steps, individuals involved in car accidents in Bulgaria can navigate the complexities of the claims process

The lawyers could support you and protect your rights, and facilitate a swift and fair resolution.

Legal help for car crashes in Bulgaria ?

Without getting this protocol from the traffic police, you could not submit the claim in the court after the documents has been already prepared

The claim for insurance compensation from the Bulgarian insurance companies, will be sufficient to get the costs of the car crash.

The latter is an official document, which proves the occurrence of the insurance event, as well as the participation of the listed parties.

Now they shall first submit their claim before the insurer, having attached all relevant documents.

The insurer shall take a decision within a 3-month period whether to pay an insurance compensation or to refuse paying it.

If you need our legal assitance, do not hesitate to contact us immediately !

Call us for more information on + 359 897 90 43 91 or send us your inquiry on office@lawyer-bulgaria.bg

June 27, 2022/by lawyer

Legal advices, News, Personal

Domestic violence in Bulgaria

Domestic violence is a grave issue in Bulgaria, and the COVID-19 lockdown has exacerbated the situation.

During the pandemic, cases of domestic violence against women surged worldwide as lockdowns confined people to their homes, often trapping victims with their abusers.

In some European countries, incidents of domestic violence rose by a third, prompting urgent calls for action.

Bulgaria, unfortunately, experienced an increase in domestic violence cases during the first half of 2021 compared to previous years.

Disturbingly, eight women were killed by their partners since the start of the state of emergency on March 13, and hotlines for reporting violence and seeking assistance received a significantly higher number of calls.

Despite this alarming trend, the country faces challenges in addressing the issue effectively.

Here are some key observations and recommendations:

Insufficient Shelters: The number and capacity of shelters in Bulgaria remain small. Victims need safe spaces, and declaring shelters as essential services is crucial
Data Collection: Bulgaria lacks a systematic mechanism for collecting statistical data related to violence against women, femicide, or gender-related killings. Establishing a specific body to collect administrative data on intimate partner femicide and family-related femicide is essential.
Marital Rape: The problem of marital rape remains unaddressed. Explicitly including provisions related to marital rape in the Criminal Code is necessary.
Legal Remedies: Combatting domestic violence doesn’t always require contacting the police. Civil and family courts offer remedies that can provide protection without resorting to criminal proceedings¹.

Remember that domestic abuse affects not only immediate spouses or partners but also other family members and household members. If you’re suffering from abuse or harassment, seek help—there are resources available to support you during these difficult times.

Domestic abuse concerns itself not only with your immediate spouse or partner, but also wider members of your family and household.

If you are suffering abuse or harassment from someone who is not your partner or spouse, there are remedies available.

…. the signs of domestic violence:

Physical abuse, such as hitting, kicking, or shoving
Sexual abuse, such as forced sex or unwanted touching
Emotional abuse, such as name-calling, insults, or threats
Financial abuse, such as controlling your finances or preventing you from working

If you are experiencing any of these signs, it is important to get help.

Legal protection in domestic violence

Domestic violence can occur in a number of different ways. It can be physical or sexual abuse, but it can also be emotional, psychological or economic abuse, and some people have been exposed to it for so long that they do not even recognise it as abuse. Domestic violence can be perpetrated by both men and women.

The act of domestic violence is a type of illegal act and its consequences may have a different nature.

What is domestic violence ?

A domestic violence situation may lead to one or both parties seeking an intervention order.

These orders can become important in family law matters including parenting and property proceedings.

In some cases, where there have been findings made by a Magistrate in a contested intervention order proceeding, one or both parties may be prevented from re-agitating those issues in the Family Law Courts unless there is different or new evidence which might affect the initial findings.

If you are experiencing domestic violence in your relationship, there any many community organisations you can contact for help. Armstrong Legal provides a no-obligation initial appointment that is confidential.

Our family lawyers are sensitive to the issues surrounding domestic violence and assist victims of domestic violence, both male and female, on a regular basis.

We also have a team of criminal lawyers that can assist if required in respect of any intervention order proceedings.

A domestic violence situation may lead to one or both parties seeking an Order.

The orders should be delivered by police office.

These orders can become very important in family law matters including parenting and property proceedings. Our lawyers support drafting a claims for domestic violence.

Domestic Violence Protection Orders: What You Need to Know

Domestic violence protection orders (DVPOs) are court orders that can help to protect victims of domestic violence.

DVPOs can include a variety of provisions, such as prohibiting the abuser from contacting the victim, coming near the victim, or possessing firearms.

Here are some of the most common provisions of domestic violence in Bulgaria:

Removal of the abuser from the home. This provision can help to protect the victim from further abuse.
Prohibition of contact between the abuser and the victim. This provision can help to prevent the abuser from harassing or stalking the victim.
Restrictions on the abuser’s travel. This provision can help to prevent the abuser from coming near the victim’s home, workplace, or other places where the victim frequents.
Orders for the abuser to attend counseling or anger management classes. These orders can help to address the abuser’s underlying issues and prevent future violence.
Orders for the abuser to pay child support or alimony. These orders can help to ensure that the victim and any children are financially supported.

If you are a victim of domestic violence, you may be eligible for a DVPO.

To obtain a DVPO, you will need to file a petition with the court.

The petition will need to include information about the abuse you have experienced, such as the type of abuse, the frequency of the abuse, and the names of any witnesses.

The court will review your petition and hold a hearing.

At the hearing, you will have the opportunity to testify about the abuse you have experienced. The abuser will also have the opportunity to testify.

If the court finds that you have been a victim of domestic violence, it will issue a DVPO.

The DVPO will be in effect for a specified period of time, such as one year.

The abuser will be required to obey the terms of the DVPO.

If the abuser violates the DVPO, you can file a contempt of court action.

If the abuser is found in contempt of court, they could be fined or imprisoned.

DVPOs can provide valuable protection to victims of domestic violence.

If you are a victim of domestic violence, I encourage you to contact the court to see if you are eligible for a DVPO.

If you have any questions related to domestic abuse, we want to hear from you.

Call our law office at + 359 897 90 43 91, confidential consultation with a Bulgarian domestic violence lawyer or contact us online.

October 30, 2020/by lawyer

Legal advices, News, Personal

How to find a good lawyer Bulgaria ?

At times when we are facing a certain legal obstacle, whether it is a traffic accident or a commercial dispute, we often want to be aware of our legal rights. The question always will be how to find a good lawyer Bulgaria ?

In these cases, everyone usually turns to a law firm seeking legal assistance.

efore starting your research, characterize the legal case and find out to which branch of law it belongs.

The field in which your legal problem is located also determines the type of lawyer you are looking for.

Most lawyers has been specialized in specific areas of law – family and inheritance, commercial, accident law, criminal, etc.

Finding a good attorney may be the most important step you can take toward winning a legal case and it doesn’t have to be a difficult task.

You will, however, need to take your time with the search.

Focus your efforts on finding a lawyer that has dealt with your specific legal issue in the past and that you get along with personally.

Taking the time to find the right lawyer will be worth it, as they are more likely to help you win your case.

Finding a good lawyer in Bulgaria ?

The reputation of the respective company is extremely important, in addition to a guarantee of good faith and professionalism, it is also a reliable tool in choosing a legal representative.

• By recommendation of friends or Internet users

Recommendations and references from friends, relatives and acquaintances are the best way to find a lawyer

Usually these people have no direct interest, nor are they financially favored by the recommendation of a particular lawyer.

Your relatives could share with you their objective opinion about the work of the respective specialist or team, revealing both the positives and the negatives.

• Through cyberspace resources

If you are unable to find a loved one who has used the legal services of a specialist, take advantage of cyberspace resources.

You could do online research in official directories, forums, on the websites of law firms.

Determine what type of attorney you need.

It is always preferable to locate an attorney who has specialized expertise in the practice area that your case involves (e.g., malpractice law, bankruptcy law, etc.).

It’s also a good idea to find attorney familiar with the courts and laws of the area where you live. This will enable your attorney to best represent your interests.

Prepare & Draft a short list of your potential lawyers and their contact details. This would help you organize your search.

Before arranging a meeting with the chosen person, try to describe the situation briefly and clearly on the phone.

This would allow the specialist to prepare and make your conversation more productive.

Our Bulgarian business law firm offers reasonable options for work and flexible fees doing business in Bulgaria.

Just call us on + 359 897 90 43 91 or send us a mail at office@lawyer-bulgaria.bg

June 17, 2020/by lawyer

Legal advices, News, Personal

Recognition child maintenance orders

Recognition of Child Maintenance Orders

The last couple of years a lot of people started to search lawyers for Recognition of Child Maintenance Orders.

Enforcing decisions and acts from fellow EU member states is now more transparent and accessible, thanks to the established legal framework.

The application of the Convention extends beyond EU Member States, especially concerning the recognition of child maintenance orders.

Covering civil and commercial matters, the Regulation provides detailed rules across various areas, encompassing consumer contracts and individual employment contracts.

Child maintenance orders represent legally binding agreements stipulating a parent’s financial responsibility toward their child.

The Importance of a Child Maintenance Order

Obtaining a child maintenance order is important for several reasons.

First and foremost, it ensures that the child receives the financial support they need to thrive.

Without a child maintenance order in place, there is no legal obligation for a parent to provide financial support, which can leave the child vulnerable and struggling to make ends meet.

Furthermore, a child maintenance order provides clarity and certainty for both parents. It outlines the financial responsibilities of each parent and helps to avoid misunderstandings or disputes over money.

This can be particularly important in situations where there is a high level of conflict between parents.

Recognition of Child Maintenance Orders

A family lawyer can play a critical role in obtaining a child maintenance order.

They can help parents negotiate an agreement that is fair and reasonable, and they can also help to ensure that the agreement is legally binding.

This can include drafting the agreement and filing it with the court.

In addition, a family lawyer can provide guidance and support throughout the process.

They can help parents understand their legal rights and obligations, and they can also help to resolve any disputes that arise during the negotiation process.

Child maintenance orders are legally recognized in most countries, including Bulgaria and European Union.

This means that they can be enforced by law if necessary.

If a parent fails to comply with a child maintenance order, the other parent can take legal action to enforce it.

This can include garnishing the parent’s wages or taking legal action to collect unpaid child support.

The family law in Bulgaria

The Family law, is regulating the family relationships, including marriage and divorce, the treatment of children, and related economic matters.

Whether you are planning your future, require assistance during a difficult time or need someone to fight your corner, we have the legal expertise to support and guide you through whatever this may involve.

We can advise you on a wide range of family and divorce issues including:

Divorce
Children
Financial statements
International family law
Prenuptial and postnuptial agreements
Cross-border pension claims
Custody and guardianship of minors
Regulation of parent-child relations
Cross-border visits between parent and child
Modification and breaches of visits
Recognition of foreign judgments
International Child Abduction
Succession, national and international inheritance law, including estate planning and drafting of wills and legal assistance before the courts.

It does not cover a range of matters including taxation, the status or legal capacity of people, matrimonial matters, wills and succession and social security. Here we are only concerned with its role in relation to family law.

It does apply to maintenance orders in family law cases.

It deals with jurisdiction (i.e. which court can hear the case) and enforcement of maintenance orders.

The recognition and enforcement of judgments given in non-EU non-EU countries should be in a different procedure and order, namely the order established by the ECHR.

The procedure for recognizing and allowing the enforcement of foreign decisions and other acts (of non-EU countries) in Bulgaria.

Enforcement of Child Maintenance Orders

If a parent fails to comply with a child maintenance order, the other parent can take legal action to enforce it.

This can include filing a complaint with the court or working with a collection agency to collect unpaid child support.

In some cases, the parent who fails to comply with the order may face legal consequences, such as fines or even jail time.

The rules of recognition of court decision in Bulgaria

According to part four of the Bulgaria law act for international claims the conditions introduced in Art. 117 for recognition and approval of enforcement are the following:

– Decisions and acts of foreign courts and other bodies are recognized and enforced when:
– the foreign court or authority was competent according to the provisions of Bulgarian law , but not if the sole ground for foreign jurisdiction in property disputes was the nationality of the claimant or his registration in the state of the court;
– the defendant was served with a copy of the application, the parties were regularly summoned and the fundamental principles of Bulgarian law related to their defense were not violated ;
-if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
-if between the same parties on the same grounds and for the same claim no proceedings pending before the Bulgarian court , started before the foreign case in which the decision for which recognition and enforcement is sought;
– recognition or approval of the performance does not contradict the Bulgarian public order

Obtaining a child maintenance order is an important step in protecting the best interests of your child.

It ensures that they have access to the financial resources they need to thrive and provides clarity and certainty for both parents.

If you need assistance with obtaining a child maintenance order, it is important to work with an experienced family lawyer who can guide you through the process and ensure that your child’s needs are met.

April 10, 2020/by lawyer

Legal advices, News, Uncategorized

Child Custody law

Most of the parents send us a legal inquiries for Child Custody law.

Getting the Child Custody rights is the worst possible option for the development of relations between the parents.

But these are also some of the most common family law cases, along with child Custody law.

The typical situation involving such a lawsuit is the termination of cohabitation of parents without marriage and lack of agreement

They need to clarify who will care for the child, how the visions with the other parent will be carried out and what maintenance will be paid for him.

If both parents are intelligent people who clearly understand the need for their child to have both a father and a mother

But human nature is fickle, relationships get worse, selfishness or jealousy take a backseat and things go to court.

What we offer as a family lawyer ?

Our legal advice to people who are divorced but on good terms is after the divorce, to visit a family lawyer and to reach an agreement.

This agreement should be signed or judicially approved to regulate the relationship as between parents and their child.

Another reason is the development of these relationships

We talk about the results of escalation of tension and deterioration of communication.

How a Divorce Lawyer could help

When facing issues related to parental rights, even if the relationship has become strained, the most effective solution is to consult with a lawyer specializing in parental rights.

This allows for a strategic approach, often leading to a negotiated settlement that benefits all parties involved, especially the children.

Legal support Child Custody law

1. Legal Advice and Case Evaluation

After reviewing the specifics of your case, a skilled divorce lawyer will provide a detailed evaluation of your chances of success.

They will guide you on the best legal strategies to adopt for your situation, helping you make informed decisions.

2.Preparation of legal claim and gathering evidences

A qualified lawyer will offer you expert tips on how to present your claims effectively.

They assist with gathering necessary documents, preparing witnesses

3.Filing Legal Documents and Court Representation

Your lawyer will draft and file the necessary legal documents, ensuring that your case is presented in the strongest possible way.

They will represent you in court, advocating for your parental rights and ensuring your claims are clearly understood by the judge.

4.Enforcement and Interpretation of the Judgment

Once the court has delivered its judgment, your lawyer will guide you on how to enforce the decision.

5.Appeal Representation

If necessary, your lawyer will represent your interests in an appeal court

He will ensuring that any unfavorable decisions are challenged and that your parental rights are upheld in higher courts.

Maximizing your efforts in legal issue

We advise bringing joint claims for parental rights, personal relations with the father, and child maintenance in one comprehensive legal action.

This approach will not increase the costs but will allow you to address all aspects of your parent-child relationship in a single legal process.

Choosing the Right Lawyer

Your parental rights case is crucial to both your and your child’s future.

Trusting this important matter to an inexperienced lawyer can lead to unfavorable outcomes.

That’s why it’s essential to choose a lawyer with the necessary experience and knowledge in family law.

By contacting us for your parental rights case, you will receive expert legal services from highly experienced family law attorneys.

We don’t take a one-size-fits-all approach but instead, tailor our strategy to the specifics of your case to ensure the best possible outcome.

If you are facing legal issues regarding child custody, don’t hesitate to contact us. Schedule a consultation today and get the legal guidance you need.

March 25, 2020/by lawyer

Legal advices, News, Personal

Divorce Lawyer in Bulgaria

Dealing with family law issues and divorce in particular can be an emotional and stressful experience, in a situation, you needa divorce Lawyer in Bulgaria.

Marriage is commonly perceived as an essential legal institution in various societies, but all systems of marriage need also to deal with the dissolution of marriages. The common mechanism for this is divorce.

In the globalised world of today, marriages with an international element, usually in the form of couples with different nationalities and/or living in a foreign country, are becoming frequent, which poses challenges of its own.

In this section, we only deal with so-called cross-border divorces.

Divorces of purely domestic nature (between Bulgarians living in Bulgaria who have seised the local court) are governed entirely by Bulgarian national law.

Bulgarian law offers two main routes to divorce:

A/ Divorce by mutual consent of the married spouses or

W/ Divorce by means of a claim on the basis of what may be termed “irretrievable breakdown”

Furthermore, we deal here only with the dissolution of valid marriages. The dissolution of invalid marriages, i.e. annulment, is outside of our note’s scope.

Unlike many other jurisdictions in Europe, Bulgaria does not currently recognise same-sex marriages except as regards same-sex couples validly married in other EU jurisdictions.

Nevertheless, same-sex marriages and the availability and recognition of divorce in same-sex marriages are outside of the note’s scope.

Finally, we also do not cover here the dissolution of religious (e.g., church) marriages in Bulgaria, nor the recognition of marriage dissolutions of any kind which occurred abroad.

THE REASONS FOR DIVORCE ?

Together with “mutual consent” the second reason for divorce in Bulgaria is the deep and irreparable breakdown in marriage” according the Family code.

The legal praxis of our law office has many cases in the field of family law, with more than half being divorce cases.

Turning for help in divorce in Sofia, we offer clients a guarantee they will receive adequate legal protection from a divorce lawyer in Bulgaria with extensive professional experience

You will have the opportunity to find the best solutions in the most complex cases concerning the divorce process in Bulgaria.

We recommended to use a highly specialized lawyer – a divorce lawyer in Bulgaria , who brings the clients the main information, instead of using somebody else

How to appoint a good divorce lawyer ?

To find out the difference between a really good and reliable divorce lawyer in Bulgaria and others who just claim to be such, you should meet with him in person.

Each divorce case is different and requires an individual attitude

To approach the issue, requires to appoint the divorce lawyer to get acquainted with your problem in detail.

If you decide it is time to end your marriage or consider divorce as an option, there are many factors to consider.

It is crucial that you find the right lawyer for you to advise you on all the options available to you in order to protect your shared assets

How long do divorces take?

Each spouse may seek divorce when the marriage is deeply and irreparably damaged.

The claimant must exhaustively identify all grounds for the divorce, in accordance with s 322(1) Family Code.

Grounds of which the claimant was aware or that occurred before the end of the hearing, may not be relied on to base a new claim.

Jurisdiction is conferred to the court local to the respondent’s permanent address in Bulgaria.

Upon the request of a party, the court may make interim order as to:

financial support,
the use of the family home and the assets acquired during the marriage,
care of the children
financial support for them.

These interim orders are not subject to appeal, but the court may amend them from time to time, e.g. in accordance with changes in the circumstances of the children.

If you are going to have this procedure too, do not consider yourself an outsider

In general, the divorce procedure in Bulgaria is a pretty quick process, even if there are children custody case involved or one of the spouses shows disagreement.

The simple divorce will take up to 3-5 months.

The Bulgarian court will not look at the questions for division of property.

The court will just look at the divorce case the custody and child maintenence payments for the kids.

DIVORCE PROCEDURE IN BULGARIA ?

Despite some differences between the laws of different states of the country, the general pattern of divorce is the same everywhere.

After submitting of legal claim for divorce and providing a evidences for the divorce in the court forward the documents to the opposite site.

There is a formal divorce process and we can assist you at any stage

There are also many different approaches to how you may want to separate your total assets.

We are here to help you decide what is the best solution for your situation.

Call us now on + 359 897 90 43 91 for consultation

Get a legal protection of your family rights with our divorce lawyer in Bulgaria !

How long does it take to get a divorce in Bulgaria ?

The divorce by mutual agreement in Bulgaria take usually between 4 to 6 mounts. All steps and time depends on the workload of the Family court.
There are no spesific deadlines, but the court instructions is to limitate within 6 or 7 mounts. Usually about siseveral months, but if there are difficulties in summoning the parties or one of them takes actions that slow the progress of the case, it can take longer.

Who will take care of child after divorce in Bulgaria ?

When a divorce claim is already filed in the Family court, cares for the the child/ren remains to be given to the mother. However, in deciding this issue, the court is guided by a set of criteria on which parent it is in the interest of the child to remain in foster care after the marriage.
The both parens could considered who will take care of child after divorce in Bulgaria. Also important is the social environment of the parents, the possibility of assistance from loved ones in raising the child, living and material conditions, although the latter is not a leading one.

How much are the child maintenance costs after the divorce in Bulgaria ?

The child maintenance costs cannot be less than ¼ of the country’s minimum wage and at the moment it cannot be less than 152.50 BGN per month for 2020. The question is there is not upper limits to the child maintenance costs. In the case of a divorce by mutual agreement, the amount of the maintenance is determined by agreement between the parties. When an agreement cannot be reached on the amount of maintenance, it is determined according to the needs of the child and the options of the parent who will pay it. The needs of the child are determined according to their age, the lifestyle they have led up to now, the necessary means for food, clothing, study and sports activities and social contacts.

November 6, 2019/by lawyer

Legal advices, News, Personal

Grant a power of attorney

Preparing a documents for representation is a crucial legal step that provides a designated individual, the attorney-in-fact, the authority to handle your business affairs on your behalf as grant a power of attorney.

This written document is particularly essential for situations where you may be unable to manage these matters personally.

By executing a power of attorney, you empower a trusted person or organization to make decisions and take actions in your stead.

The appointed attorney-in-fact can navigate

legal and financial complexities, including
signing documents,
making investments, and
opening of overseeing bank accounts.
This legal tool is versatile, offering flexibility in the scope of authority granted.

Understanding the various types of powers of attorney is vital before making this decision.

Different POA”s cater to specific needs, ranging from general authority over financial matters to more specialized powers for healthcare decisions.

The legal implications vary based on the type of power of attorney, emphasizing the need for careful consideration.

We are specialize in guiding individuals through the process of granting a power of attorney.

Our experienced team ensures that you comprehend the nuances of this legal document, assisting you in making informed decisions tailored to your unique circumstances.

Take control of your future and secure peace of mind by exploring the possibilities a power of attorney can offer.

#PowerofAttorney, #LegalInsights, #EmpowerYourFuture

Types of Powers of Attorney

There are several types of powers of attorney, including:

General Power of Attorney: This grants broad powers to the attorney-in-fact to act on behalf of the grantor in legal and financial matters.
Limited Power of Attorney: This grants specific powers to the attorney-in-fact, such as the power to manage a particular bank account or sell a specific property.
Durable Power of Attorney: This remains in effect even if the grantor becomes incapacitated or unable to make decisions.
Springing Power of Attorney: This becomes effective only under certain conditions, such as the incapacitation of the grantor.

Legal Implications

Granting a power of attorney is a serious decision and should not be taken lightly.

It is important to choose an attorney-in-fact who is trustworthy and capable of acting in your best interests.

Once you have granted a power of attorney, you are giving the attorney-in-fact the power to make decisions on your behalf

In the case you may not be able to revoke the power of attorney if you change your mind.

In addition, if you grant a power of attorney to someone who misuses their power, you may be held responsible for any damages caused by their actions.

It is important to carefully consider the risks and benefits of granting a power of attorney before making a decision.

How to Grant a Power of Attorney

To grant a power of attorney, you will need to draft a legal document that outlines the powers being granted

The documents should contain duration of the power of attorney, legal conditions, limitations.

This document should be signed and notarized to ensure its validity.

It is also important to notify any relevant parties, such as banks or investment firms, that you have granted a power of attorney.

This will ensure that the attorney-in-fact is able to act on your behalf when necessary.

Granting a power of attorney can be a helpful tool for managing your legal and financial affairs

This is important to understand the legal implications and risks associated with this decision.

If you are considering granting a power of attorney, it is recommended that you consult with an experienced attorney to ensure that your rights and interests are protected.

Legal requirements for PoA

Power of attorney for property must be described in detail as location, quadrature, the basement or ceiling, the common parts of the building, the right of construction or the yard.

You must indicate whether the authorized person has the right to negotiate the terms of the notarial deed, whether he has the right to receive the sale price, and so on.

TIP: Read carefully the documents & power of attorney before you sign them.

Do not authorize people you do not know or trust in a case of grant a power of attorney

A power of attorney is a document to be signed only by the party issuing it, that is, the authorized person does not undertake to perform the assignment.

To make arrangements for this, you need an additional contract signed by both parties.

A power of attorney is required when the owner of a real estate wants to dispose of the following actions:

We talsk about action like to sell, donate, replace, transfer over viewing and maintenance, establish a right in rem, etc.

According to the legal requirements in a power of attorney of this type, it is necessary to have a description of the specific properties to which it refers.

For this reason, carry and submit a document of ownership to the notary in order to make the document true.

It is still debatable whether the sale price should be explicitly stated.

The power of attorney for disposal of a real estate may be temporary or indefinite.

The second declaration – the one under Art. 25 Notary act is for citizenship and civil status.

The first statement is valid for 6 months, so even if the power of attorney is indefinite.

All declarations should be signed and authenticated again before a Notary.

Validity of the power of attorney

The validity of the power of attorney is determined by the authorizing person

It depends also on various factors, especially those in practice.

There are several ways to determine the validity of the power of attorney.

In order to determine its validity, the power of attorney may contain any of the texts listed below.

1. The power of attorney shall record the period of its validity by the authorizing officer.

2. The power of attorney is valid until the designated action for which it has been issued.

3. Power of attorney applies until it is withdrawn by the Authorizing Officer (but not more than 10 years from the date of issue).

4. Power of attorney is indefinite. (but no more than 10 years from the date of issue).

Termination of the power of attorney

The power of attorney shall terminate upon one of the following:

1. The authorizing officer shall withdraw the power of attorney.

2. The authorized person shall refuse to execute it.

3. The term specified in the power of attorney has expired as a term of validity.

4. With the death of one of the parties under the power of attorney.

5. With the seizure of the document by a body of authority or its detention as a written proof by a notary and others.

Important facts about the power of attorney

1. The power of attorney shall be valid only in the original.

If the original of the power of attorney is not presented, it may be assumed that it was withdrawn by the authorizing officer.

2. The notarial power of attorney is the most commonly falsified / falsified document.

We remind you that this act is being prosecuted and punished by the law enforcement and judicial authorities.

Withdrawal of power of attorney

To withdraw a notarized power of attorney, please contact the notary who certified it.

The withdrawal of the power of attorney shall be by several means, depending on the reason for the withdrawal.

What are the relationships between the parties; is there a danger of abuse? what volume of rights contains the power of attorney; and others.

May 6, 2019/by lawyer

Legal advices, News, Personal

Recognition of foreign judgments

Most of the clients asking for legal support in Recognition and Enforcement of Foreign Judgments

In today’s globalized legal landscape, cross-border litigation has become increasingly common.

A pivotal aspect of such cases is the recognition and enforcement of foreign judgments.

In Bulgaria, this process is governed by a combination of domestic legislation and international treaties, ensuring that foreign judgments are acknowledged and enforced under specific conditions.

The legal Framework

1. EU Judgments

For judgments originating from EU Member States, Bulgaria adheres to Regulation (EU) No 1215/2012, commonly known as the Brussels Ibis Regulation.

This regulation facilitates the automatic recognition and enforcement of civil and commercial judgments across EU countries, eliminating the need for a separate exequatur procedure.

2. Non-EU Judgments

Judgments from non-EU countries are subject to the provisions of the Bulgarian Code of Private International Law (CPIL).

Specifically, Articles 117 to 124 outline the criteria and procedures for recognizing and enforcing such judgments.

Conditions for Recognition and Enforcement

According to Article 117 of the CPIL, a foreign judgment can be recognized and enforced in Bulgaria if the following conditions are met:

Jurisdiction: The foreign court must have had jurisdiction under Bulgarian law.
Proper Service: The defendant must have been duly served with the claim and had an opportunity to present their case.
Finality: The judgment must be final and binding in the country of origin.
No Conflicting Bulgarian Judgment: There should be no existing Bulgarian judgment between the same parties on the same matter.
No Pending Bulgarian Proceedings: No ongoing proceedings in Bulgaria should involve the same parties and subject matter.
Public Policy: The judgment must not contravene Bulgarian public policy.

The legal steps

1. Application Submission

An interested party must submit an application to the Sofia City Court for recognition and enforcement. The application should include:

A certified copy of the foreign judgment.
A certificate confirming the judgment’s finality, issued by the originating court.
Evidence of proper service to the defendant.
A translation of the documents into Bulgarian, certified by a sworn translator.

2. Court Examination

The Sofia City Court will examine the application to ensure compliance with the conditions outlined in Article 117 of the CPIL.

The court does not reassess the merits of the case but focuses on procedural and jurisdictional aspects.

3. Issuance of Enforcement Order

If the court recognizes the foreign judgment, it will issue an enforcement order.

This order allows the creditor to initiate enforcement proceedings through a bailiff in Bulgaria.

Appeals and Objections

The debtor has the right to appeal the court’s decision within two weeks of notification.

However, objections are limited to procedural grounds and cannot challenge the substance of the original judgment.

Special Considerations

1. Reciprocity Principle

Bulgaria may require evidence of reciprocity, meaning the foreign country would recognize Bulgarian judgments under similar circumstances.

2. International Treaties

Bulgaria is a party to several international treaties that may influence the recognition and enforcement process, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Recognizing and enforcing foreign judgments in Bulgaria involves a structured legal process aimed at balancing international cooperation with national legal principles.

By adhering to the outlined procedures and ensuring all conditions are met, foreign judgments can be effectively enforced within the Bulgarian legal system.

For further information or assistance, consulting with a legal professional experienced in international private law is advisable.

May 4, 2019/by lawyer

Legal advices, News, Personal

Criminal & Defence Lawyer

The criminal litigation in Bulgaria refers to the process of trying a Criminal & Defence Lawyer.

Criminal defense lawyers are legal professionals who specialize in defending individuals and organizations charged with criminal offenses.

They represent their clients in court and work to ensure that their rights are protected throughout the legal process.

Criminal defense lawyers are responsible for investigating the case, gathering evidence, and building a strong defense strategy.

They also negotiate plea bargains and work to reduce or dismiss charges.

In some cases, they may also represent their clients during appeals

To become a criminal defense lawyer, one must complete a law degree and pass the bar exam. Many criminal defense lawyers also have experience working as prosecutors or public defenders.

Criminal defense lawyers play a crucial role in the justice system by ensuring that everyone has access to a fair trial.

They work tirelessly to protect the rights of their clients and to ensure that justice is served.

Criminal litigators before the Bulgarian court :

The first level is a criminal prosecution level, who present the government’s case against the defendant.

The criminal defense attorneys, who represent the interests of the defendant.

Criminal prosecutors practice at either the state level or the federal level, while criminal defense attorneys generally maintain private practices or work as public defenders for the state or federal government.

Whether prosecutors or defense attorneys, criminal lawyers handle a wide variety of cases, from white-collar crime, violent crimes, sex crimes and drug trafficking, traffic offenses and misdemeanors.

Some concentrate on white-collar crime such as fraud, embezzlement and insider trading.

Providing legal assistance and protection against detention and arrest; Contesting detention;

Litigation, protection and assistance in the enforcement of detention measures “Detention on remand”, “Home arrest” and “Money guarantee”;

Providing legal assistance in criminal litigation process for protection and procedural representation of defendants at the stage of pre-trial proceedings;

Procedural representation in proceedings for early release, replacement of the regime for serving the sentence, interruption of the execution of the punishment;

Litigation, protection

Procedural representation in the transfer of convicted persons, recognition of a foreign court verdict, international legal assistance in criminal cases;

The litigation court proceedings has been developed before the Bulgarian city courts,appealing level and Supreme cassation Court;

Criminal litigation in case resolution by concluding an agreement with the prosecutor’s office;

Criminal litigation in the discharge of criminal liability by imposing an administrative penalty;

Providing legal assistance, protection and assistance to victims of crime;

Providing legal assistance, protection and assistance to victims of traffic accidents, accidents at work and benefits;

Protection, assistance and assistance to witnesses summoned by law enforcement agencies (MoI) or pre-trial authorities and in the course of court proceedings;

Providing legal assistance, protection and assistance to an injured person in private-criminal cases – insult; defamation; slight bodily injury;

Providing legal assistance, protection and assistance in the face of police violence;

Our main activity as a criminal defence law office

Participation in the conduct of investigative and judicial proceedings;

Assistance and assistance in the return of material evidence which has been seized during the investigation and return of the guarantees provided.

July 29, 2018/by lawyer

Legal advices, News, Uncategorized

Getting enforcement letter Bulgaria

Many foreigners in Bulgaria call us when they need some legal help for getting enforcement letter Bulgaria.

Discover the simplified process of obtaining an enforcement letter in Bulgaria through the order for payment procedure.

Procedure for Issuing an Order for Payment

The Order for Payment procedure serves to streamline the enforcement of monetary claims and property restitution without the need for a legal trial.

Our legal fees and Expenses:

– Fees for initiating the procedure amount to 2% of the claim value.
– Additional expenses may include attorney’s fees, depending on the claim value.

What Happens if the Debtor Objects?

If the debtor raises objections against the issued order for payment, a trial ensues.

However, if the debtor fails to object, a writ of execution is issued in favor of the claimant, triggering the enforcement procedure with an additional 2% cost.

**Getting Enforcement Letter in Bulgaria**

Under the current Civic code, anyone can request the district court to issue an enforcement order.

This order, based on Art. 410 and Art. 417 CC, serves as a valid ground for obtaining an enforcement letter.

Quick and Economical Process:

The enforcement order acts as a replacement for a judgment, ensuring a swift and cost-effective process.

Claims can be based on various grounds, such as employment contracts, rent agreements, loan contracts, or any bonding relationship.

The entire process in Bulgaria:

1. The applicant (creditor) submits an application to the district court, usually at the debtor’s permanent address.
2. The court examines the application for regularity and proceedings’ admissibility.
3. The applicant must specify the basis for their claim, supported by relevant documents.
4. The debtor has 14 days to object, but any objection during this period holds no evidential value for the claim’s existence.
5. If no objections are raised or resolved, the enforcement order becomes the basis for issuing a writ of execution, initiating enforcement proceedings.

Claimant’s Response to Objections:

– If the debtor contests the claim, the claimant has one month to file a claim with the same court.

Navigating the Order for Payment procedure ensures a swift, surprising, and economical process.

Should you need assistance in the enforcement proceedings, our experienced team is here to guide you through the legal intricacies. 📜

🤝 #EnforcementProceedings #BulgarianLegalSystem #OrderForPaymentProcedure

July 16, 2018/by lawyer