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Divorce by mutual consent

Divorce by Mutual Consent in Bulgaria

Divorce by mutual consent in Bulgaria is the most peaceful and efficient way to end a marriage.

More and more international clients choose Bulgaria as a preferred jurisdiction for this type of divorce, due to its speed, simplicity, and low cost compared to many Western European countries.

1. Why Bulgaria Is an Advantageous Place for Divorce

Bulgaria offers several clear legal and practical advantages for couples wishing to dissolve their marriage amicably:

Fast court procedure – Most mutual consent divorces are completed within 1–2 months, often after a single court hearing.
Low court and legal fees – Costs are significantly lower than in Western Europe or the UK.
No minimum marriage duration – The previous 3-year marriage requirement has been abolished. Couples can divorce at any time.
Simple documentation – The process requires only a joint application, identification documents, and a mutual agreement under Article 51 of the Family Code.
International accessibility – Foreign citizens or mixed marriages (Bulgarian and foreign spouse) may file for divorce in Bulgaria if one spouse is a Bulgarian citizen or has habitual residence in the country.

These advantages make Bulgaria a practical jurisdiction for international couples seeking a legally recognized, fast, and affordable divorce.

2. Legal Basis – Bulgarian Family Code

Under Article 50 of the Bulgarian Family Code, divorce by mutual consent is granted when both spouses declare serious and unwavering mutual agreement that their marriage has irretrievably broken down.

There is no requirement to prove fault or misconduct.
The court does not designate a plaintiff or defendant.
The only condition is that both parties voluntarily and personally confirm their consent before the court.

The process is regulated by both the Family Code and the Civil Procedure Code, ensuring transparency and legal security for both parties.

3. Step-by-Step Divorce Procedure

Step 1: Joint Application

Both spouses must jointly submit a written request to the competent District Court, based on the permanent address of one of them.
The request must include:

A declaration of mutual consent to dissolve the marriage;
Proof of payment of the state court fee;
Personal signatures of both spouses.

Both parties must appear personally at the court hearing to confirm their will to divorce.

Step 2: Agreement Under Article 51 Family Code

Before the court grants a divorce, the spouses must sign an agreement settling all family and financial matters, including:

Parental rights and child residence (if there are minor children);
Visitation rights and child maintenance;
Use of the family home;
Spousal support (alimony), if applicable;
Change or retention of family names after divorce;
Division of marital property acquired during the marriage.

The agreement may also include the distribution of debts, loans, or financial obligations accumulated during the marriage.

Once approved, it becomes legally binding and is entered into the Registry Agency for property updates.

The Court Hearing

The court reviews the documents and schedules a single hearing.

Both spouses must attend and personally confirm their mutual consent.

During the hearing, the court verifies:

The authenticity of the mutual consent;
That the agreement respects the best interests of the children (with input from the Social Assistance Directorate, if necessary).

If one spouse does not appear or withdraws consent, the case is dismissed.

In such cases, the other spouse may later file for contested divorce.

Final court order

Once the court finds all documents in order, it:

Declares the marriage dissolved, based on mutual consent; and
Approves the settlement agreement between the spouses.

The court’s decision is final and cannot be appealed.
Only issues related to child custody or maintenance may be modified later if circumstances change substantially.

Divorce for Foreigners and Mixed Marriages

Foreign citizens can obtain a valid Bulgarian divorce if:

One spouse is a Bulgarian citizen, or
One spouse has habitual residence in Bulgaria.

This makes Bulgaria an attractive venue for international couples living or owning property in Bulgaria, as the decision is legally recognized across the EU under Regulation (EU) 2019/1111 (Brussels II-ter).

Representation and Professional Assistance

Although the mutual consent procedure is relatively simple, legal assistance is strongly recommended.
An experienced Bulgarian divorce lawyer will:

Draft the joint application and Article 51 agreement correctly;
Ensure compliance with Bulgarian family and procedural law;
Represent each spouse’s interests in financial and custody matters;
Coordinate with the court, translators, and notary (for foreign documents).

Because the court’s decision cannot be appealed, both spouses should have independent legal counsel before signing any final agreement.

Choosing our law office…….

Our law firm has extensive experience representing both Bulgarian and international clients in family law matters.
We assist with:

Drafting bilingual (English–Bulgarian or German–Bulgarian) agreements;
Preparing and translating all required documents;
Representation before the competent District Court in Bulgaria;
Coordination of property transfers and registry updates after divorce.

We provide transparent pricing, rapid communication, and full confidentiality throughout the process.

Key Benefits of Divorce in Bulgaria

Advantage	Description
Fast procedure	Usually finalized in one court hearing (1–2 months)
Low costs	Legal and court fees are among the lowest in the EU
No fault or evidence required	Only mutual consent is needed
Applicable to foreign spouses	If one spouse is Bulgarian or resident
Final and enforceable	Court decisions are EU-recognised
Legally secure	Governed by Bulgarian Family Code and CPC

Fast, Affordable, and Legally Secure

A divorce by mutual consent in Bulgaria offers an efficient, affordable, and legally sound solution for both Bulgarian citizens and foreigners.
It allows couples to end their marriage with dignity, minimal conflict, and full recognition under EU law.

For professional legal support in preparing your documents, representing you before the court, and protecting your interests throughout the process, contact Vladimirov & Partners – Bulgarian Divorce Lawyers.

Email: info@lawyer-bulgaria.bg
Phone: +359 897 90 43 91
Website: https://lawyer-bulgaria.co.uk/divorce-by-mutual-consent

September 5, 2024/by lawyer

Legal advices, News

Divorce with Bulgarian

Divorce with a Bulgarian Citizen

When facing a divorce involving a Bulgarian citizen, understanding the local legal framework and practical aspects of family law in Bulgaria is essential.

Whether you are a foreign national married to a Bulgarian citizen or a Bulgarian living abroad, the process can be handled efficiently and cost-effectively compared to many Western European jurisdictions.

This article provides a detailed overview of how divorces with Bulgarian citizens are conducted, what costs are involved, and how professional legal support can help protect your interests.

1. Advantages of Filing for Divorce in Bulgaria

Lower Legal Costs
The cost of legal services in Bulgaria is significantly lower than in Western Europe.

Hiring a divorce lawyer in Bulgaria is often several times cheaper than in countries like Germany, the UK, or France.

Despite the lower cost, the legal quality and procedural standards remain aligned with EU regulations and international family law conventions.

Simplified Divorce Procedure
Bulgaria does not impose complicated preconditions for divorce such as mandatory separation periods or reconciliation timeframes that exist in some EU jurisdictions.

The Bulgarian Family Code allows both consensual and contentious divorce proceedings without requiring the couple to prove prolonged separation.

Judicial Neutrality and Fairness
For Bulgarian citizens, divorcing within their own jurisdiction offers the benefit of familiarity with the system and protection under domestic laws.

For foreign spouses, Bulgarian courts are bound by EU Regulation (EU) 2019/1111 (Brussels II-ter), ensuring equal treatment and recognition of judgments across EU member states.

2. Divorce with a Bulgarian Citizen – Jurisdiction and Legal Grounds

If one of the spouses is a Bulgarian citizen, Bulgarian courts have jurisdiction over the divorce under Article 7 of the Code of Private International Law (CPIL).

The key condition is that at least one of the spouses has habitual residence or citizenship in Bulgaria.

Grounds for Divorce
Divorces in Bulgaria can be initiated under two legal regimes:

Mutual Consent (Art. 50 Family Code) – both spouses agree that the marriage has irretrievably broken down. This is the fastest and least expensive form of divorce.
Contested Divorce (Art. 49 Family Code) – initiated by one spouse, usually citing fault, adultery, abuse, or irreconcilable differences. The court examines the reasons and evidences before issuing a decision.

If you are a foreign citizen married to a Bulgarian national, you can initiate divorce proceedings either in Bulgaria or in your own country, depending on the circumstances and habitual residence.

However, many foreigners choose Bulgaria due to the faster and more affordable process.

3. Required Documents and Procedural Steps

When filing for divorce in Bulgaria, the following documents are typically required:

Marriage certificate (officially translated and legalized if issued abroad).
Birth certificates of children (if applicable).
Proof of Bulgarian residence or citizenship of at least one spouse.
Identity documents (passports or ID cards).
Property and financial records – in case of property division or alimony claims.

All foreign-language documents must be translated into Bulgarian by a sworn translator and legalized under the Apostille Convention (Hague 1961).

Steps in the Process:

Consultation and preparation of documents.
Filing the divorce petition before the competent district court.
Court hearing – in consensual cases, usually one session; in contested cases, several.
Issuance of the court decision.
Registration of the divorce with the Civil Registry and, if necessary, notification of the foreign civil authorities.

4. Property Division and Business Ownership

If the spouses have jointly acquired property or own a business in Bulgaria, the court can determine the division of assets within the same proceedings or in a separate civil case.

Our Bulgarian divorce lawyers assist in:

Assessing the market value of real estate and movable property;
Managing ownership transfer and title registration;
Negotiating or litigating business share transfers if the couple jointly owns a company in Bulgaria.

Under Bulgarian law, property acquired during marriage is presumed to be joint marital property (Art. 21 Family Code) unless proven otherwise.

This means that real estate, vehicles, and company shares are usually subject to equal division unless a prenuptial or postnuptial agreement provides different terms.

5. Divorce and Parental Rights

If the couple has minor children, the court must decide:

Who will have custody;
Where the children will reside;
Visitation rights of the other parent;
Amount of child maintenance (alimony) to be paid.

Bulgaria follows the “best interests of the child” principle, as defined in the Convention on the Rights of the Child (UN, 1989) and Art. 59 Family Code.

The court takes into account the emotional connection, parental capacity, financial situation, and the child’s own preferences if mature enough.

When one parent lives abroad, the court can regulate cross-border visitation, ensuring compliance with the Hague Convention on International Child Abduction (1980) and EU Regulation 2019/1111.

6. Legal Costs and Timeframe

Cost of Divorce with a Bulgarian Citizen
The overall cost depends on the type and complexity of the case.

Mutual Consent Divorce:
- State court fee: approx. 25–50 EUR;
- Attorney fee: from 400–800 EUR, depending on documentation and hearing attendance;
- Sworn translator and notarization costs: approx. 50–150 EUR.
Contested Divorce:
- State court fee: approx. 50–100 EUR;
- Attorney fee: usually 800–2000 EUR, depending on the number of hearings, witnesses, and property or custody claims;
- Possible expert and interpreter fees: 100–300 EUR.

The duration varies between 3 to 6 months for consensual divorces and 8 to 18 months for contested ones.

7. Recognition of Foreign Divorce Decrees in Bulgaria

If a divorce has already been finalized abroad, the Bulgarian spouse or foreign partner may need to register and recognize the foreign judgment in Bulgaria.

For divorces within the EU, mutual recognition applies automatically under Regulation (EU) 2019/1111.
For divorces from non-EU countries, a special recognition procedure before the Sofia City Court is required under Art. 118–122 of the Code of Private International Law.

Once recognized, the decision is entered into the Bulgarian Civil Registry, and any related property or parental orders can be enforced domestically.

8. Why Hire a Bulgarian Divorce Lawyer

Engaging a Bulgarian divorce lawyer ensures that your rights are protected and the process runs efficiently. The lawyer will:

Prepare and file all legal documents correctly;
Represent you before the court, even in your absence (with power of attorney);
Coordinate translation and legalization of foreign documents;
Manage property settlements, business share transfers, and alimony enforcement;
Provide bilingual (English–Bulgarian) communication and certified translations.

Professional legal representation is especially valuable for foreign nationals who cannot attend court hearings in person. Bulgarian law allows full representation through an authorized attorney.

Key Takeaways

Divorce in Bulgaria is faster and more affordable than in many EU states.
Both mutual consent and contested divorces are possible without separation periods.
Bulgarian courts apply EU and international family law standards, ensuring fair treatment for foreign spouses.
Property and custody disputes can be resolved within the same procedure.
Recognition of foreign judgments is straightforward within the EU.

Legal Process, Costs, and Key Considerations

At our Law Office we specialize in cross-border divorce cases, family law, and recognition of foreign judgments.

Our team provides:

Legal consultations in English, German, Russian, and Bulgarian;
Preparation and filing of divorce petitions;
Court representation and document translation;
Property settlement and child custody arrangements;
Recognition of foreign divorce decisions in Bulgaria.

We support clients throughout the entire process, ensuring their rights are protected under Bulgarian and EU law.

Contact our Law Office:
📍 Sofia, Bulgaria – Alexander Zhendov Street No. 6
📞 +359 2 858 10 25 | +359 897 90 43 91
📧 info@lawyer-bulgaria.bg
🌐https://lawyer-bulgaria.co.uk/divorce-with-bulgarian

October 4, 2019/by lawyer

Any more questions? Call us on + 359 897 90 43 91 !

We will respond as soon as possible, but no later than one business day. International Law Office D. Vladimirov & Partners will provide you with protection of your interests and adequate legal assistance.

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International Law Office D.Vladimirov & Partners | Lawyers | Address: 6 Alexander Zhendov Street, 1113 Sofia, Bulgaria
Mobile Phone: +359 897 90 43 91 | Fax: +359 2 858 10 25 | Email: info@lawyer-bulgaria.bg

The Law Firm represents clients throughout Bulgaria, including the cities of Sofia, Plovdiv, Varna, Burgas, Rousse, Stara Zagora, Pleven, Yablanitsa and etc.

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