After the increased mobility of EU citizen in Bulgaria and common marriages, cohabitations with foreigners increases the risk of parental parental child abduction Bulgaria
Child abduction is a very traumatic experience for the both sides and for the kid.
There are legal procedures in place to ensure that the children are returned to their country of residence
How long it will take will depend on the country concerned, the circumstances of the case and indeed whether the child can be traced.
Legal support Bulgaria of child abduction
It is important to establish as soon as possible what your parental rights are under the local law of the country to which your child has been taken.
You should obtain urgent legal advice about the laws and practice for the country concerned and the position regarding legal aid for legal costs.
This statement again concerns disputes relating to the unlawful detention or transfer of a child to a territory other than the country of habitual residence of a child.
Consideration of the issue is necessary due to the frequent cases in which parents living in different countries have a dispute over where and with whom the child should live.
At one point, usually due to a misunderstanding between the parents, one comes with the child to Bulgaria and refuses to return to the country where they all lived together before.
Bulgaria as a full member of EU is place for legal cases of international abduction of a child by a parent.
After the divorce or separation, one of the both parent decides to take the child to another country.
He dissatisfied with the court decision or in the hope that the court in his or her homeland will be more favorable to him or her.
Parental responsibility in child abdiction cases
The exact definition of child abdiction has been given in Hague Convention of International Child Abduction.
Parental child abduction occurs when a person takes a child away from the country of habitual residence.
That is the country they normally reside in, without the permission of either those with parental responsibility or the courts. In these cases, however, decisions are made in the
А/best interests of the child,
B/if it turns out that the return of the child would put him or her at risk of physical or mental harm, the court will not order the child to be taken away or detained. the return of the child to the country of his habitual residence.
According to the recommendations of the Permanent Bureau of the Hague Conference, states should promote legislation to reduce the risk of abduction.
Does your partner take your child to another EU country without your permission ?
The procedure of legal aid by parental child abduction Bulgaria
We could help you take the necessary steps to get your child back.The central bodies, determined according to Hague Convention is Bulgarian Ministry of Justice
International Legal Protection of the Child and International Adoptions Directorate
International Legal Cooperation and European Affairs Directorate
The Hague Convention on the Civil Aspects of International Child Abduction aims :
1. to ensure the immediate return of the child transferred illegally or detained in one of the Contracting States
2. to guarantee effective observance of the laws related to the exercise of parental rights and the right to personal relations.
The Regulation № 2201/2003 for the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.
The Regulation applies between all Member States of the European Union, with the exception of Denmark. A court desicion in one state shall be recognized without special procedure.
Does your partner take your child in breach of a court order?
For help and support on how to get your child back, please call us to speak to one of our child abduction experts on + 359 897 90 43 91 or send us a mail email@example.com
A victim of domestic violence can be a Bulgarian citizen or a foreigner, an adult or a minor. The lockdown from 2020 has incresed the cases of domestic violence in Bulgaria.
Our team is highly experienced in dealing with matters of harassment and domestic abuse which arise in the context of a family dispute.
We have the necessary expertise and support from our colleagues in other teams to advise and assist those suffering from domestic abuse and harassment.
Combating domestic abuse and harassment does not necessarily mean contacting the police, a prosecution and criminal convictions.
There are a number of remedies available in the civil and family courts which can afford protection to you 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.
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.
Measures for protection against domestic violence:
1.Placing the respondent under an obligation to refrain from perpetrating domestic violence;
2. Removing the respondent from the common dwelling-house for a period specified by the court;
3. Prohibiting the respondent from getting in the vicinity of the victime, his/her home, place of work, and places where the victime has his or her social contacts or recreation, on such terms and conditions and for such a period as is specified by the court;
4. Temporarily relocating the residence of the child with the parent who is the victim or with the parent who has not carried out the violent act at stake, on such terms and conditions and for such a period as is specified by the court, provided that this is not inconsistent with the best interests of the child;
5. Placing the respondent under an obligation to attend specialised programmes;
6. Advising the victims to attend recovery programmes.
The appeal claim could filed in the court within 7 days.
The appeal claim don’t suspend the execution of the order.
The district court shall consider the appeal within 14 days in open session with summoning of the parties
Every side has a ride to ask for uphold, revoke or amend the appealed decision.
The appeal court could amends the order, the court issues a new order.
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.
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.
It is important to approach a person with knowledge and experience in the field of your case.
The legal way of find 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.
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 firstname.lastname@example.org
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Recognition child maintenance orders Following the accession of the Republic of Bulgaria to the EU, as regards the recognition and enforcement of decisions and other acts issued in other EU Member States, EU law and the standards established and incorporated in the CCP shall apply.
There is also clarity and a relatively easy way to allow the enforcement of decisions and other acts issued in other EU Member States.
That Convention continues to apply to other countries. Recognition child maintenance orders
The Regulation applies in civil and commercial matters and has detailed rules in a number of areas including consumer contracts and individual employment contracts.
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:
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.
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
Maintenance matters may also be decided by the court which is dealing with divorce or separation proceedings, provided its jurisdiction to do that is not based only on the nationality of one of the parties. Recognition child maintenance orders
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 lawyerand 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.
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.
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Together with “mutual consent” the second reason for divorce in Bulgaria is the deep and irreparable breakdown in marriage” according the Bulgarian Family code as legal motive for divorce.
This is what makes it important to have professional and impartial advice and guidance to ensure the best outcome for all parties involved.
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 Pick a Good Divorce Lawyer ?
Many divorce lawyers in Bulgaria offer divorce services, but 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 and approach, which requires the divorce lawyer to get acquainted with your problem in detail.
The patterned and hasty approach to customer issues clearly indicates a lack of professionalism when legal assistance should be provided in cases affecting the future of children.
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, to have a real understanding of your concerns and the concerns of your children.
How long do divorces take?
Every year in Sofia just over 2000 marriages end in divorce.
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.
WHAT IS THE REAL 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 brocken marriage,the court forward the documents to the other person.
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 or ensure that the other party is actively involved in the upbringing of your children.
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.
In the last couple of years many foreigners has been triyng to divorce with Bulgarian.
If you are in process of divorce, but you have bought a holiday home in Bulgaria, most likely you will need to settle the ownership between yourself and your spouse.
Аccording to statistics, in recent years the number of dissolved marriages with an international element has increased, and to file for divorce with a foreigner in Bulgaria is not at all rare and exotic.
What is so popular about ending an international marriage in Bulgaria?
Firstly, the cost of a lawyer’s service, which is several times cheaper than in Western European countries, for example.
Secondly, the complete lack of additional conditions that would complicate a divorce with a foreigner, such as compulsory time for the parties to live together, periods of reflection, etc.
Third is the opportunity, once you are a Bulgarian citizen, to defend your rights more successfully in your home country, as judicial chauvinism is widespread in the most rule of law countries.
Divorce with a foreigner in Bulgaria ?
It is generally always better to have a divorce in Bulgaria, for the reasons listed at the beginning of the exhibition, but there are a number of factors that can make a divorce case with a foreigner in our country more appropriate.
Such a factor may be the permanent residence of the child in the territory of a foreign country, which, according to the rules of international law, makes it competent to adjudicate on matters of parental responsibility in the relevant foreign court.
Secondly, it may be the presence of property in the spousal property community regime of considerable value in the foreign country, on which the Bulgarian court, according to its territorial jurisdiction, cannot rule.
To do this, and if you have reached a decision to divorce, always consult a seasoned lawyer with knowledge of international law first about breaking up marriages with an international element about where it is better for you to end the marriage.
We can assist as your divorce lawyer in assessing the market value of the property and on any consequent ownership transaction, following a divorce settlement.
In case your spouse and you own a company in Bulgaria, you might settle to transfer the shares of the Bulgarian company to either of you or to a third party.
What is the cost of a divorce with a foreigner?
If the divorce with the foreigner is by mutual agreement, then the costs are low and it depends on the complexity of the case. As a client you schuld calculate the state fees, attorneys’ fees in the minimum amount and fees for a sworn translator and possible proportional maintenance fees for the child maintenance costs.
When the divorce is a claim and the foreigner does not have an address in Bulgaria, has one abroad, or has an unknown address, the lawyer’s fee starts from the average price for such type of legal services according to the Tariff.
In addition to the state fees, fees for translation of court documents in the respective language should be provided, court fees for various court certificates, as well as possibly a fee for a court order for summoning abroad.
The extra costs should include a one-instance remuneration of the Special Representative who appoints the court a sum, settled by the Bulgarian court.
Divorce with Bulgarian
Considering the complexity of the procedure, its length and all kinds of complications, we recommend that you do not experiment with your time and money
Ask for a successful conduct of our divorce specialists, and we guarantee that by choosing us you receive a quality legal service that will save your time, nerves and money.
It might a be straightforward process, but every case should be examined in details for complications.
Our lawyers can assist with the legal matters for you in such cases.
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For many people the concept of “divorce” is associated with stress and material loss, and so many people prefer not to take action on their personal lives, hoping that over time they will all sort and do not apply for divorce. As we interact with many of our international clients and potential clients, we realize that most people do not understand the divorce laws in Bulgaria.
They are confused about the Bulgaria divorce process in general. But, this is totally understandable.
The law is complicated and most people are not lawyers, so they do not need to know this information. But if you are here reading this article, you are interested. So I am going to try to explain some of the Bulgaria divorce laws in the simplest terms possible without all the arcane legalese.
Lots of law firms have articles about different aspects of the Bulgaria divorce laws. They tend to be short articles about a particular subtopic, or they are covert advertisements about how great a particular law firm is, rather than an overview of the Bulgaria divorce process.
What’s the Process?
There may be some variations in the process depending on the facts of your case (like, whether you have children and where you live), but most divorces with agreement look something like this:
Divorce in Bulgaria is subject to the Family law in Bulgaria, governed by the Bulgarian Family code that settles relations based on marriage, kinship adoption, as well as well as guardianship and tutelage. In Bulgaria, divorce procedures could be done in two ways:
Divorce by mutual agreement or
Divorce through breakdown of marriage, when both spouses are Bulgarian citizens. As such, the Bulgarian legislation is applicable.
As relationships get worse, spouses acquire children, different property is acquired, but in fact the family does not exist in the meaning of this concept of morality and law.
Suddenly he / she / decides that they want more than life and divorce, which is often absolutely unexpected for the other partner who should take action to get out of this unpleasant situation with minimal mental and material loss.
Divorce due to marriage disorder is a procedure that aims to end marriage due to a “deep and irreparable” disorder (Article 49 Family code). The claim is constitutive, is brought to the district court on the defendant’s permanent address.
The court is seized with the filing of a claim by one of the spouses meeting the requirements of the CPC and containing the requisite requisites – addressee, country data, relevant annexes, etc. and the request to the court to settle a divorce due to a deep and irreparable marriage disorder.
The personal appearance of the parties is mandatory at the first hearing. A consequence of the plaintiff’s unreasonable failure to appear is termination of the case.
The legal procedure of divorce by claim order
The legal regulation of the procedure has been describen in art. 49-52 Family code.,
A divorce by mutual consent is preferred when both parties agree on the reasons for divorce and the court allows for the procedure to take place without investigating the cause for the dissolution of the marriage.
This is the simplest type of divorce in Bulgaria and the costs involved in the procedure are much lower than in other cases.
Spouses must come to an agreement regarding the custody of the children, visiting rights, the division of the property acquired during the marriage, the use of the family name etc.
The evidence of the deep and irreparable disorder of divorce, which is the basis for divorce cases, must be proven in a competitive process .
The Court should establish the reasons for the occurrence of a temporary and disruptive disorder, but its profound and irreparable disorder – these may be objective circumstances, and or marital malfeasance of one or both of the spouses.
Divorce proceedings in Bulgaria due to marriage disruption should be initiated by only one spouse . If there is mutual consent for the divorce, proceed according to Art. 50 of Family Code – divorce by mutual consent.
Account should be taken of the restrictive legal norm of Art. 320 of the Code of Civil Procedure, according to which the divorce proceedings are suspended if the wife is pregnant (until the child’s 12 months of age) if she so requests.
Matrimonial claims must also be respected. procedural consumption (exhaustiveness of the marriage process), according to art. 322 of the Civil Procedure Code and according to the mandatory for the courts Interpretative Decision No. 1 / 4.01.2001. of the SCCS of the SCC:
Art. 322. (1) In a claim for divorce, the plaintiff must provide all grounds for the profound and irreparable marriage disorder. Any reasons not mentioned, which occurred and became known to the spouse until the oral hearing is completed, can not serve as a basis for bringing a new claim for divorce.
As stated above, as the basis for the divorce claim is the deep and irreparable disorder of marriage judged by concrete facts proving it, each of these facts is in itself a ground of claim. If a plea is not mentioned in the case, it is overturned and can not serve as a new claim on the basis of that fact. Therefore, all the facts of family life justifying the occurrence of a profound and irreparable marriage disorder should be indicated by the end of the oral hearings.
All matrimonial claims may be joined together. the following claims must be lodged and considered:
For exercising parental rights;
On personal relationships and child support;
Using the family home;
Maintenance between spouses and surname.
At the request of one of the parties, the court may prescribe temporary measures on the care and maintenance of minor children from marriage (if any), the use of family housing and other property acquired during marriage, etc. questions. The provisional measures shall have effect until the final decision is taken.
When selecting a divorce lawsuit – DIVORCE by mutual consentor DIVORCE by legal claim, apart from always the individual and personal specificities of the particular case, the due fees for the proceedings should be known and taken into account:
State fee are payable upon filing of the application. It is paid to the account of the relevant District Court.
Final state fee should be paid on the account of the respective District Court in case of divorce. 2 per cent on maintenance payments for 3 years maintenance fees for the child on bank account of the District Court.
Other costs may arise in the proceedings, such as expert opinions on one or other matter, the value of which is different and depending on the complexity of the expert’s task.
The burden of all costs in the case – state fees, lawyers’ fees, expert opinions are assigned to the guilty or ill-conscious spouse when there is a ruling on the guilt (according to the norm of Article 49, paragraph 3 of the Family Code, the ruling on wine matters is no longer official, but only if one of the spouses has requested such a ruling) or remains at the expense of each of the parties – as they have done in the course of the proceedings.
In this comment, the issues of divorce proceedings are examined in principle.
Always consider and choose the procedure best suited to the specific case.
Our family law officeprovides legal consultations and representation during the contested divorce – a procedure that is quite emotional for the parties.
The information provided below will help you find more about this procedure.
If you need our assistance please call us on + 359 897 90 43 91 or send us a mail email@example.com
There were numerous factors that can affect how much child maintenance you should pay or receive and we always advise that you contact us first to discuss your specific circumstances.
You should bear in mind that the child maintenance that is payable differs from country to country and it is quite possible that a claim can be lodged in the country in which the mother or the father or the child lives even if you do not live in the same country. If your family members live in different countries then maybe there is jurisdiction in more than one country.
Bulgarian Family Lawyer, Divorce, Child Maintenance and Custody
family divorce lawyer Bulgaria
Payment of child maintenance is the transfer of funds (money) from one person to another who needs them, and between them there is a family relationship.
The size of mountly payments – child maintenence has been declared and well described in the court desicion for divorce between the parents. Usually the childrens needs to be supprted in a case of divorce.
When someone is ordered to pay maintenance by an enforceable court decision but does not comply with that decision, ie he continues not to pay the maintenance of the person entitled to receive it, this may lead to unfavorable consequences.
One of these consequences is the possibility of an enforcement case being brought against him and the other being a criminal conviction, since the non-payment of maintenance for more than two months is a crime under the Penal Code.
When an enforcement case is instituted, the due date may be collected by compulsion by a state or private enforcement agent. If the debtor fails to pay after being invited to do so voluntarily, the judge may, at the request of the person entitled to maintenance (the claimant in the case), impose a distraint on his remuneration (the employer to withhold his money), the custody of the bank his bills (no money), a car or foreclosure on his real estate (prohibition to sell it), which may be in force until the lifting of the maintenance obligation, which may last for years.
In this case, the unpaid maintenance obligation is supplemented by the fees for initiating the enforcement case, fees for individual enforcement actions, and the amount of lawyer’s fees (the lawyer’s money has been filed and the case has been filed with the bailiff ).
The end result in this case is significantly increasing the cost of the debtor (neplatiliya maintenance ), which may go beyond sheer size of unpaid maintenance.
The non-payment of maintenance may also be due to an objective impossibility on the part of the debtor (illness, lack of work and means) and not to his unwillingness to pay such.
Child maintenance, non-payment, consequences
Where such an impossibility is established in the enforcement case, the payment is made by the State which is a substitute for the person who has been ordered to pay the maintenance, but fails to fulfill that obligation.
Whether or not an enforcement action has been initiated, a pre-trial proceeding may be initiated at the request of the entitled person or his legal representative for a criminal offense of a general nature and an indictment of a prosecutor may be brought before a court for a crime under Art. 183 para. 1 of the Penal Code – non-payment of maintenance for two or more monthly installments.
The punishment that the law provides is imprisonment of up to one year or probation . It is common practice for the accused to be sentenced to imprisonment, with the court postponing the execution of the sentence ( conditional conviction).
A conditional conviction, although not often regarded as a “real” punishment, is actually quite a serious consequence of the criminal liability and can have extremely severe consequences for the convict.
*We advice you to brought the child maintenance cases with our family lawyers, just to get a full protection of your and of the children’s interests.
BULGARIAN LAW OFFICE D. VLADIMIROV & PARTNERS helps your business to run normally, according to the law in Republic of Bulgaria
Whenever your business starts-up or is already established, you will need a professional juridical help to make sure all the requirements are met. Our law company is here for you to undertake any of the important steps for your business to run normally from legal point of view.
Please find below what we are able to do for your business. What we can do is in the following list but please bear in mind that is not limited to:
Opening your company’s bank accounts and also setting-up the e-banking – once your company is officially established and listed, it has got a unique company’s number. Then we shall open on your behalf your company bank account(s) in local and/or foreign currencies, depends on your wish and commercial purposes. Moreover, we shall set-up your e-banking and inquire your debit card. Just give us one day to complete all that.
VAT registration – it is obligatory to obtain a Bulgarian VAT number from the Bulgarian National Revenue Agency so your company to be allowed to trade. That procedure takes about 14 calendar days.
Registration in the Commission for Personal Data Protection – it is a fact that all working companies enter into collaboration with lots of stakeholders so they get introduced to plenty of personal data. According to the Bulgarian law, each company which is open to even one single set of personal data is obliged to get registered as an Operator of Personal Data, and to receive a unique registration number from the Commission for Personal Data Protection.
Registration in the Labour Inspection – it is absolutely necessary to all companies which hire personnel. Before having its first employee, the company does need to register in the Labour Inspection.
Selection of Industrial Medicine Agency and concluding a contract – in case your company needs an office space for the business purposes, the premises need to be compliant with the Health & Safety at work regulations. Your company ought to conclude a contract with a licensed Industrial Medicine provider who must verify that their clients strictly observe the Health & Safety at work requirements. We shall help in all the procedure in selection the proper agency and to prepare the contract.
EORI registration – in case your business is planning to trade with countries from outside the EU, you must get EORI number. It normally takes 5 working days. You will receive your EORI number from the National Customs Agency in Bulgaria.
Registration under the Law for the Excises – in case your business requires that kind of registrations, leave it to us to do it. The registration under the Law for the Excises is necessary to be done prior to your company’s active trading.
Any more questions? Feel free to write us an e-mail!
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.
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: firstname.lastname@example.org
The Law Firm represents clients throughout Bulgaria, including the cities of Sofia, Plovdiv, Varna, Burgas, Rousse, Stara Zagora, Pleven, Yablanitsa and etc.
The information contained in this website is for general information purposes only. The information is provided by “International Law Office D.Vladimirov & Partners” and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
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