Divorce Procedure in Bulgaria
Many people in the last couple of years asked the lawyers in the office for Divorce Procedure in Bulgaria.
In recent years, many clients have sought professional legal advice on the divorce procedure in Bulgaria, whether for contested divorce or mutual consent divorce.
The process is strictly regulated by the Bulgarian Family Code (FК) and is conducted under the supervision of the Bulgarian courts.
The applicable procedure depends on the circumstances of the marriage, the relationship between the spouses, and whether both parties agree to dissolve the marriage.
1. Legal Framework and Jurisdiction
The Bulgarian Family Code provides two main legal grounds for divorce:
Mutual Consent Divorce – Article 50 of the Family Code
Contested Divorce – Article 49 of the Family Code, based on “deep and irretrievable breakdown of the marriage”
For marriages involving foreign nationals or where one spouse resides abroad, jurisdiction is determined according to:
Regulation (EU) 2019/1111 (Brussels IIb) – for EU citizens
Bilateral international treaties signed by Bulgaria
Bulgarian Code of Civil Procedure (GPK) provisions on international jurisdiction
2. Initiating the Divorce Process
To start the divorce process, the petitioner (or both spouses in case of mutual consent) must file a divorce petition with the District Court in the area of the respondent’s permanent address.
The petition must include:
Full names, personal identification numbers, and addresses of both spouses
Date and place of marriage
Grounds for divorce (with supporting facts and evidence)
Information on children from the marriage and proposed custody arrangements
Claims regarding division of matrimonial property, use of the family home, spousal maintenance, and child support
In contested divorce cases, the petitioner must prove the deep and irretrievable breakdown of the marriage, which may be caused by:
Adultery
Physical or psychological abuse
Persistent refusal to contribute to the family
Alcoholism or drug addiction
Abandonment
Criminal activity affecting family life
3. Mutual Consent Divorce
Under Article 50 of the Family Code, if both spouses agree that their marriage has irretrievably broken down, they may jointly file for divorce without proving fault. This procedure is faster and less confrontational, but it requires:
A written agreement between the spouses covering:
Custody and parental rights
Child maintenance and visitation schedule
Division of property acquired during marriage
Use of the family home
Possible spousal support
Court approval of the agreement to ensure it is in the best interest of any minor children
Advantages of mutual consent divorce:
Shorter timeframe (typically 2–3 months)
Lower emotional and financial cost
No public disclosure of personal issues
4. Contested Divorce – Fault and Evidence
If one spouse opposes the divorce or disputes the conditions, the process becomes a contested divorce under Article 49 of the Family Code.
The petitioner must demonstrate that the marriage is beyond repair.
Evidence may include:
Witness testimony (family, friends, neighbours)
Medical records (for physical abuse or psychological harm)
Police reports or protection orders under the Domestic Violence Protection Act
Financial documents showing non-contribution or asset concealment
Communication records (messages, emails) proving misconduct
The court will examine:
Which spouse is at fault (if requested)
The impact of marital breakdown on children
Each spouse’s capacity to provide a stable environment
Fault determination can affect:
Custody decisions
Right to spousal maintenance
Allocation of the family home
5. Mediation and Settlement Opportunities
Bulgarian courts may suggest mediation to help parties reach an amicable settlement on disputed issues. Mediation is voluntary but encouraged to:
Reduce litigation costs
Shorten the proceedings
Preserve a working parental relationship after divorce
If mediation fails, the case proceeds to full trial.
6. Court Hearings and Duration
Mutual consent divorce: One hearing, usually within 2–3 months from filing
Contested divorce: Several hearings, lasting 4–8 months depending on complexity and evidence disputes
The court will:
Hear both parties and their witnesses
Evaluate written and expert evidence
Decide on custody, maintenance, property division, and use of the family home
7. Child Custody and Support
Custody decisions are guided by the best interest of the child principle. The court considers:
The emotional bond between the child and each parent
The parent’s capacity to provide care and a stable environment
Living and working conditions
Previous conduct towards the child
Child maintenance is calculated according to the child’s needs and the parent’s financial capabilities, with a statutory minimum amount updated annually.
If mediation is unsuccessful or declined, the case proceeds to trial.
It is essential to have legal representation throughout the divorce process, especially when dealing with complex issues like child custody and division of assets.
Jurisdiction and Applicable Law
Determining the jurisdiction and applicable law is crucial when dealing with a divorce involving a foreign national in Bulgaria.
Divorce cases involving foreign nationals in Bulgaria are subject to specific rules outlined in international treaties and domestic legislation.
The applicable law typically depends on the nationality and residency status of the parties involved.
Seeking professional legal advice is essential to ensure compliance with relevant regulations.
Division of Assets after Divorce
One of the significant consequences of divorce is the division of assets acquired during the marriage.
In Bulgaria, there are several property marital regimes that can be used for the division of assets.
The statutory marital property regime involves the equal division of assets acquired during the marriage. However, personal property acquired before the marriage is not considered for the division of assets.
Under the separate property regime, assets acquired during the marriage are held separately by each spouse. Upon divorce, each spouse is entitled to a percentage of the other’s assets, depending on factors such as child custody and care.
The contractual regime, established through a prenuptial agreement, allows couples to determine the division of assets in case of divorce.
Any assets not covered by the prenuptial agreement fall under the distribution of assets governed by other regimes.
Divorce and the Interests of Children
In case of divorce, the interests of children must be protected.
The court ensures that the settlement reached by the spouses safeguards the best interests of the children. If the settlement is incomplete or fails to protect the children’s interests, the court may dismiss the divorce petition.
It is important to consider the well-being of the children and establish a parenting plan that addresses their needs and ensures their continued care and support.
Divorcing in Bulgaria as a Foreign Citizen
Foreign citizens can apply for a divorce in Bulgaria under certain conditions.
At least one of the spouses must be a habitual resident of Bulgaria, both spouses must be Bulgarian residents, or at least one spouse must have lived in Bulgaria for at least 6 months prior to filing for divorce. It is also possible for Bulgarian citizens to obtain a divorce in an EU country.
It is advisable to seek legal assistance when navigating the divorce process in Bulgaria as a foreign citizen to ensure compliance with the relevant laws and regulations.
What is the legal basis for divorce in Bulgaria?
Divorce in Bulgaria is governed by the Bulgarian Family Code. The law provides two main types of divorce: Divorce by mutual consent (Art. 50 Family Code) – both spouses agree to end the marriage and submit a joint petition. Divorce due to deep and irretrievable breakdown of marriage (Art. 49 Family Code) – one spouse files a petition proving that the marriage cannot continue.
How do I start a divorce procedure in Bulgaria?
The process begins with filing a divorce petition to the competent District Court where the respondent has permanent address registration. The petition must contain: Details about the marriage and the spouses Grounds for divorce Evidence supporting the claim If mutual, a joint petition and a settlement agreement must be submitted.
What documents are needed to file for divorce?
Typical required documents include: Original marriage certificate Birth certificates of children (if any) Proof of residence in Bulgaria Evidence related to grounds for divorce (if contested) Foreign documents must be translated into Bulgarian and legalized/apostilled.
What is the difference between mutual consent and contested divorce?
Mutual consent divorce – faster (usually 1–3 months), no need to prove fault, requires agreement on custody, child support, and property division. Contested divorce – longer (6–8 months), requires proving deep and irretrievable breakdown of marriage, possible disputes over assets and children.
How does the court decide on child custody after divorce?
The court follows the best interests of the child principle. It considers: The child’s age and emotional bond with each parent Living conditions and ability to provide care Parent’s personal qualities and stability Joint custody is not common in Bulgaria; typically, one parent is granted custody, and the other receives visitation rights.
Can foreign nationals get divorced in Bulgaria?
Yes, under certain conditions: At least one spouse is a habitual resident in Bulgaria Both spouses reside in Bulgaria One spouse has lived in Bulgaria for at least 6 months before filing Applicable law is determined by EU Regulation 2019/1111 or bilateral treaties.
How long does a divorce in Bulgaria take?
Mutual consent divorce – 1 to 3 months Contested divorce – 6 months to 8 mounts, depending on complexity, disputes, and court scheduling.
Do I need a lawyer to get divorced in Bulgaria?
The legal representation is highly recommended, especially in contested divorces involving children, property, or foreign elements. A lawyer ensures correct filing, represents you in court, and protects your rights in settlement negotiations.