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Divorce by mutual consent

Divorce by Mutual Consent in Bulgaria: Legal Framework, Procedure, and the Importance of Legal Support


Introduction

Divorce by mutual consent is the preferred legal method for dissolving a marriage in Bulgaria when both spouses agree that their marital relationship has irreparably broken down. This procedure, regulated by Article 50 of the Family Code, provides a quick, civil, and efficient way to terminate a marriage while minimizing emotional and financial strain.


Legal Framework

According to Article 50 of the Family Code, spouses can jointly file a petition for divorce with the regional court if they reach a firm and irrevocable agreement to dissolve their marriage. The petition must be accompanied by an agreement addressing all consequences of the divorce, including:

  1. Children’s residence: Determining with which parent minor children will live.
  2. Parental rights: Allocation of rights and responsibilities regarding the children.
  3. Contact arrangements and child support: Establishing visitation schedules and the amount of child support.
  4. Use of the family home: Specifying which spouse will continue living in the family home after the divorce.
  5. Spousal maintenance: If applicable, determining the amount and conditions of alimony.
  6. Surname: Indicating whether the wife will retain her marital surname or revert to her maiden name.

Procedure for Divorce by Mutual Consent

1. Document Preparation

  • Joint divorce petition, clearly expressing both spouses’ firm and mutual consent for divorce.
  • Agreement addressing all consequences of the divorce.
  • It is recommended that these documents are prepared with the assistance of a lawyer to ensure their legal accuracy.

2. Filing the Petition with the Court

  • The documents are submitted to the competent regional court based on one spouse’s permanent address.
  • A state fee, specified in Tariff No. 1 under the State Fees Act, must be paid upon submission.

3. Court Hearing

  • The court schedules a hearing where both spouses must appear in person to confirm their consent for the divorce.
  • Personal appearance of both spouses is mandatory; failure to appear without a valid reason may result in case dismissal.

4. Approval of the Agreement

  • The court reviews whether the agreement adequately protects the best interests of the children and the spouses.
  • If the terms are deemed fair and lawful, the court issues a ruling dissolving the marriage.

5. Finalization of the Divorce

  • The court ruling takes immediate effect, and the marriage is considered dissolved on the date of the court’s decision.

Advantages of Divorce by Mutual Consent

  1. Speed: The procedure typically concludes within 1-2 months.
  2. Lower Costs: Court fees and attorney fees are reduced due to the absence of disputes.
  3. Reduced Stress: Spouses avoid lengthy legal battles and emotional strain.

The Importance of Legal Support

Although divorce by mutual consent is simpler than contested divorce, legal assistance remains essential for:

  1. Drafting the Agreement: A lawyer ensures that all legal and practical aspects are addressed comprehensively.
  2. Court Representation: A lawyer prepares the necessary documents and ensures proper filing and presentation in court.
  3. Legal Advice: A lawyer provides clarity on the rights and obligations of the spouses and the consequences of the agreement.

Conclusion

Divorce by mutual consent is the most effective and civil way to terminate a marriage when both spouses agree on all terms. The involvement of an experienced lawyer is crucial for ensuring the legality of the procedure, protecting the rights of both parties, and safeguarding the best interests of the children.

For more information and legal assistance, contact Legal Frame Law Firm.

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