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Divorce procedures Bulgaria

For many Bulgarian citizens, 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. 

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.

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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.,

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 .

These facts are appreciated by the court always in relation to the particular individual case, according to the law and according to the above-mentioned IFRS 10 / 1971d.

The Court should establish the reasons for the occurrence of a temporary and disruptive disorder, but its profound and irreparable disorder (such as paragraphs 2, 3, 4 and 7 of PWS 10/1971) – 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 SC – 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 consent or 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:

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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 office provides 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 office@lawyer-bulgaria.bg

Child maintenance, non-payment, consequences

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

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.

How to Protect Ourselves Against Illegal Actions of the Lessor?

Illegal actions of a Lessor

Illegal actions of a Lessor

What about illegal actions of the lessor? In lots of cases when there is a lease purchase agreement for a vehicle, in a certain time the lessee stops paying. For this reason, the most common guarantee for collection of these contributions is a promissory note. It is being signed between the lessor and lessee. With its help, the lessor is secured with a relatively easy and fast collection of outstanding receivables. But how the lessee can protect himself/herself against issuance of a promissory note of a non-existent debt? Our competent lease agreement lawyer will help you in this unpleasant situation.

First, you should know that there is a possibility the promissory note to be based on non-existent debt. If it is proved, then your obligation to pay the amount due under the promissory note gets invalid. If you find yourself in this situation, seek help from a lease agreement lawyer.

A competent lease agreement lawyer will emphasize you on the exact moment when you have to exercise your rights of defense. This moment is receiving the invitation for voluntary enforcement (voluntary compliance). That document should contain the date when you receive it. Another detail is the person who had received it and the signature of that person. If the invitation is not received by you yourself but by your husband/wife/mother/father, etc., this information is to be entered in the invitation for voluntary enforcement, too.

Why is this information so important?

This information is very important because you can exercise your protection right by filling an objection to the District Court issued an enforcement warrant within 14 days of receiving the notice of voluntary enforcement (voluntary compliance). If you miss this deadline, your right to dispute the enforcement order lapses. The best advice we can give you is the following: once you have received a formal notice, do seek for a help from an experienced lease agreement lawyer. In our office you will have the unique opportunity to work with some of the best lawyers in this field.

Lease agreement lawyer from International Law Office D.Vladimirov & Partners will explain that the lessor may contest the validity in two ways – either, by contesting the grounds on which the promissory note is based on, or by contesting the amount of the debt, in the 14-days deadline from receipt of invitation for voluntary enforcement (voluntary compliance). If you meet the deadline for filling objections and submit it to the district court, the creditor has got the right to bring an application to demonstrate the existence of his claim. In judicial proceedings must be established whether the amounts that creditor claims are legally charged and whether he is entitled to them.

As a Final

If a competent lease agreement lawyer proves that accrued penalty lease prejudices moral, it will be declared as null and void. The penalty prejudices moral when its amount is greater than the amount due, as this leads to unfounded enrichment of the lessor. This means it does not have any legal effect. Therefore, you will not be obliged to pay this penalty equal to the outstanding lease payments over the remaining term of the contract, as lessor has rescinded lease and has received back the vehicle. Equally irrelevant is the fact that you have been issued a promissory note in favor of the lessor for a specific amount. In order to eliminate this obligation to pay, do not miss the deadline for filing objections.

Before you sign a lease, you need to be preliminary well-informed. Do consult our specialist  who will help you make this decision consciously and confidently.

 

ТО BUY A PROPERTY IN BULGARIA 

Property lawyer

Property lawyer

Bulgaria is a member of the European Union since 2007. For аlmost 10 years the property market has changed in a very perspective and positive way. Bulgaria has got some advantages in the opportunity to serve foreign investors. Some of the advantages are as following:

  • Bulgaria has got the lowest taxes in Europe – 10% corporate tax and income tax.
  • Our country has got the cheapest labour.
  • The country has got a very fast rate of export increasing, despite the conditions of a global economic crisis in Russia and Turkey;
  • Bulgaria has got a fixed rate of the national currency.
  • The country has got a stable currency board.
  • There is an equality for every foreign investors to register a company in Bulgaria.
  • After joining in the EU, Bulgaria has got a modern legislation harmonized with the one of European Union.

We are property lawyers in Bulgaria acting like legal advisers of many individuals and legal entities. We would like to advise our clients and foreign investors as well.

Taxes

What about the taxes? The “tax estimation price” is for the purposes of real estate taxation. It usually is lower than the actual selling (purchase) price.

Most of the sellers of real estates in Bulgaria wish to sell their property on a “tax estimation price”. Everybody knows that the price is very low and the buyers has got no guarantee they will get the whole sum in the end, either. The difference is concerning the tax issue on the sale – because the sale price needs to be covered by the taxes, and the seller don’t want to pay those taxes. Sometimes sellers prefer to keep the real price, if the property is owned by several owners. Practically, the last ones are not aware of that kind of legal issues.

If you have any legal questions if you would like to buy a property in Bulgaria, or would like to know something else, do contact us. Our laywers will help you in the best way.