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Domestic violence in Bulgaria

Domestic violence is a serious problem in Bulgaria, and the COVID-19 lockdown has only made it worse. Victims of domestic violence can be Bulgarian citizens or foreigners, adults or minors.

If you are a victim of domestic violence, there are resources available to help you. Our team is highly experienced in dealing with matters of harassment and domestic abuse, and we have the necessary expertise to advise and assist you.

Combating domestic violence does not necessarily mean contacting the police. There are a number of remedies available in the civil and family courts that can afford you protection without resorting to criminal proceedings.

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.

Here are some of 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

Uncategorized

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 divorce cases. 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, they are aware of their responsibility to provide means of support and the need to maintain good relationships, at first glance it seems unnecessary to reach until the trial.

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

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 it notarized or judicially approved to regulate the relationship as between parents and their child, thus preventing future conflicts.

As our extensive practice shows, parental rights cases are being pursued precisely because of unresolved issues at the beginning of separation.

Another reason is the development of these relationships in conditions of uncertainty and uncertainty and as a result escalation of tension and deterioration of communication.

If you have a problem like this, though you may have aggravated the relationship, the most productive option is always to consult a lawyer specializing in parental rights and try to negotiate a settlement.

With the help of an intermediary, you can restore balance and lay the foundations of a more peaceful, mentally incapacitated future for you and your child, which is also financially secured by the other parent.

How can a divorce lawyer help us?

First, after learning about the specifics of the case, you will receive legal advice on your chances of winning such a case.

Next, tips on how to properly arrange for the protection of your claims and assistance in obtaining documents and preparing witnesses to support your fair requests.

Thirdly, the parental rights lawyer will draft and file in court your documents in a way that you can prove your case and will successfully defend your claims to the judge.

Once the judgment is delivered, it will advise you on the options to enforce it and its interpretation on issues that are not clearly addressed in it.

If necessary, it will defend your interests in a further court of law in the event of an appeal.

Our advice is to bring in a case for parental rights for joint consideration and claims for a regime of personal relations with the father, as well as for maintenance.

This will in no way increase the costs of the case, while at the same time enabling you to achieve the regulation of the full volume of relationships in a single production.

Insofar as a parental rights case concerns your future to that of your child, it will be absolutely irresponsible to believe something so valuable to you in the hands of a lawyer who lacks the necessary experience and knowledge.

We guarantee that by contacting us in connection with your parental rights case, you will receive quality legal services from highly experienced family law attorneys who will bring you the necessary attention. Child Custody law

We do not formally and formally approach, but build your protection with regard to the specifics of the case.

For this, if you have a legal problem regarding custody rights, contact us to schedule a date and time for a consultation on your case.

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.

In practice, this may result in a possible full recognition in practice, but only in situations where EU law is engaged.

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 and 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 – about 10,000 families in Bulgaria annually terminate their marriage.

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 to ensure that your claims are taken into account by the court.

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

Child maintenance Bulgaria

A maintenance case is usually filed when two people living in the form of an actual cohabitation have a common child and are separated.

Then the child or children remain with one parent and the other either does not pay maintenance or pays it less than the needs of minors. Then, for the parent with whom the child lives, a legal interest arises in bringing a maintenance case against the other parent.

Whenever it comes to family relationships, my advice is to resolve the issue on the basis of dialogue and mutual compromise in the best interests of the child. In order for the negotiations to be successful, this should be entrusted to a family professional lawyers, the most specialized family law lawyer, to assist the parties in converging positions.

And only after all the possibilities for a peaceful and voluntary solution to the problem have been exhausted should the case be resorted to.

Child support case without marriage

In most cases, maintenance cases mainly concern children born out of wedlock. This is because a maintenance case is extremely rare in the course of the marriage, and in the case of a divorce the court is obliged to adjudicate on the issue of maintenance and in reality no other case is required.

Children born without marriage, have the same rights as those born in the marriage, and therefore entitled to alimony.

When should a maintenance case be brought?

It is not always the case that after two parents terminate an actual cohabitation, such a case is required. When both parents understand each other, do not call each other, and cover their child’s financial needs, litigation is superfluous, although in this case we personally advise the parties, given the volatility of human nature, to settle their situation after separation, at least out of court, in which they set clear boundaries on how their relationship will develop in the future.

If after separation, the other parent refuses to pay maintenance if he or she is able to do so and does not respond to attempts to resolve the issue peacefully and out of court, then without hesitation, the parent who actually took care of the minor child should bring the court with a claim for maintenance.

Any delay, hesitation or excuse on the part of this parent not to institute proceedings is against the interests of his or her child and deprives him or her of financial resources for the upbringing and upbringing of the child.

What amount of maintenance can be claimed?

This is one of the most frequently asked questions. The answer can be given only after your lawyer becomes acquainted with all the facts and circumstances, namely, what are the needs of the child, what is the value of his / her monthly maintenance, are there any specific needs such as medicines, therapies, courses, etc. n., what is the approximate financial capacity of the defendant / usually the father / to provide alimony, and what evidence does the parent have for the expenses incurred to cover the child’s needs.

One can only say for sure what is the minimum amount of child support that cannot be sued in one case – it is 25% of the minimum wage for the country, which as of 01.01.2019 is BGN 560, which makes minimum amount of BGN 140 per month.

The maximum amount in a minor’s maintenance case will depend mainly on the child’s proven needs and, to a much lesser extent, on the parent’s ability to provide. Also important here are the income of the parent, where the child lives permanently, because contrary to the widespread opinion, he is also required by law to support his child and the amount of maintenance is divided between the mother and father in a certain proportion.

Past maintenance fees

A maintenance case usually takes a certain period of time from the actual separation to the filing of the claim in court.

In order not to violate the rights of the child, it should be brought by the parent and a claim for maintenance for a past period, covering the moment from separation to the opening of the case.

However, this period may not be longer than one year, insofar as the law expressly provides that past due maintenance may be claimed for a maximum of 12 months before the date on which the application is filed. All the expenses from the previous period cannot be searched, which is the main reason why the case should not be delayed.

What is the cost of a maintenance case?

Maintenance cases are exempt from paying a state fee for their formation. The only cost is a lawyer’s fee according Tariff. These costs are awarded to the plaintiff if the claim is upheld in full and, therefore, it is important that, in determining the claim is well prepared in the light of the evidence available .

October 4, 2019/by lawyer

Legal advices, News, Personal

Bulgarian property lawyer

Bulgarian Property Lawyer

Selling your property in Bulgaria is not very easy, even if you have already find a buyer. That’s why you are in needs of assistance. Look for a Bulgarian property lawyer!

If you have already bought a property in Bulgaria, you need to check up if this property had been registered in all the necessary authorities. And in the Municipality Office, too.

Our law firm works as a professional Bulgarian property lawyer, as well. We support many foreigners who want to sell your real estate property in Bulgaria.

Usually, if you have a good property, is quite easy to find buyers in Bulgaria.

As property lawyers in Bulgaria, we could help you finding a buyer and getting a good price for you.

It is very important to follow the legal advices of a property lawyer so that you will save money and precious time. Our experienced Bulgarian property lawyers will help you with the documents for the selling.

First Steps

Before you sell your property in Bulgaria, you should have all the documents necessary,as well as declarations needed for a sale – prepared in advance. We assume you will need qualified property lawyers. This means, you need us.

Our property lawyers in Bulgaria are ready to assist you and protect your interests in selling your property in Bulgaria. You need just to call us or to send us an email.

Then we will be ready to start the legal procedure.

Before starting every single deal, your lawyer is obliged to check for potential legal problems.

He/she has to prepare all the documents necessary for the transfer of the ownership over this property.

We always check if there isn’t any property charges over your property you are trying to sell.

For example, encumbrances, mortgages or pledges over your property by the Tax Office or by a third party.

Usually, when our buyer signs the preliminary contract, he/she needs to leave a deposit as a percentage of the sale price of the property in Bulgaria.

When we help you finding a buyer, we require a simple power of attorney to represent you by conclusion of the preliminary contract for the purchase of the property with the buyers in Bulgaria.

Our qualified property lawyers will prepare the draft of Preliminary contract and will negotiate with the buyer concerning the transfer fees of your property.

After receiving the written confirmation for all necessary legal conditions, we sign the preliminary contract for purchase on your behalf. Then we send you a copy of it.

We are obliged to find buyer/-s and sell your property correctly.

When all the Documents are ready…

When all of the documents and declarations are done, our lawyers start preparing the Notary Deed for transferring the ownership over your property.

You can trust us – we are specialized in property sales of foreign clients in Bulgaria.

Each Bulgarian property lawyer will help you with the documentation and legal proceedings.

The next legal step to sell your property is to sign the Title Deed for the sale of your property.

We will help you by representing you at the Notary Public in Bulgaria.

The last step to complete your sale is submit the declaration with your property into the Tax Office of your municipality.

Remove the old owner’s name of the property from the Tax Register, to avoid any legal problems.

We, as property lawyers in Bulgaria will highly recommend you using our legal services to complete all this legal issues & steps.

The mentioned property legal proceedings are just for your information, if you are trying to sell a real estate property in Bulgaria.

Every single case has got its legal specifics & questions.

We strongly recommend you to use a property lawyer in Bulgaria for legal transactions, in order to save your time, money and worries.

Call us now on + 359 897 90 43 91

August 9, 2016/by lawyer

Legal advices, News

Family & Divorce Lawyer Bulgaria

Divorce procedures in Bulgaria

Every Bulgarian lawyer specialized in family and divorce legal procedures will inform his/her clients about the documents required and the kind of situation being in a divorce in Bulgaria.

Every divorce procedure has a regulation by the Bulgaria Family Code. The divorce process depends on the wish of our clients. Family & Divorce Lawyer in Bulgaria

Marriage in Bulgaria may either be terminated or suspended in specific cases, and an individual could get a divorce by mutual consent or by initiating a civil action. Our legal team may represent you should you go through a divorce procedure in Bulgaria.

We are family & divorce Lawyer in Bulgaria highly experienced in tackling these issues. We can assist in a sensitive manner.

Where we need to take a strong position and represent you in court, we will do everything possible to ensure your success.

Our expertise and the legal team has been focused on family issues faced by international couples involving a Bulgarian and an International legal cases.

Child custody is the determination of where the minor children of the marriage should live and who should be responsible for them.

Irreparable disruption of the marriage may be grounds for any of the spouses to request a divorce.

Should the couple choose to separate in this manner, there is no time limitation.

The claimant has to provide proof that the marriage has been seriously and irreparably disrupted.

The parties may agree for any or all of the consequences of the divorce to inure.

Consequences of a divorce in Bulgaria

The Bulgarian divorce lawyes from our Law office will support you legally in every cases of legal divorce before the family courts.

The conjugal property community terminated after the divorce procedure is complete.

The divorce process in Bulgaria takes between 4 to 6 mounts usually.

Child maintenance costs in Bulgaria

Our legal team can provide you with assistance related to the legal grounds for child maintenance costs in Bulgaria.

We are drafting everyting for child maintencence costs in compliance with Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation.

If you have any specific questions to your trustworthy divorce lawyers in family law and divorce cases, please contact us .

Our Bulgarian family lawyer will provide you the entire information about divorcing in Bulgaria.

You can do it by calling us on +359 2 858 10 25, or by sending us an e-mail to info@lawyer-bulgaria.bg

June 7, 2016/by lawyer