Divorce in Bulgaria
Legal advice on divorce in Bulgaria
Bulgarian law knows two forms of termination of marriage through divorce:
1) Divorce by mutual consent
2) Divorce by claim based on a deep and irreparable breakdown of the marriage
In divorce by mutual consent both spouses apply for the divorce to the district court. The admissibility of the application is the marriage lasted at least three years preceding the date of application for divorce. Spouses must submit a signed agreement on Article 101 of the Family Code, which are required to resolve issues of custody, personal relationships and support of children born out of marriage and property relations between them, the use of family housing, maintenance of spouses and surname of husband.
About the causes of the divorce by mutual consent of the spouses, it is declared a serious and firm mutual consent of the spouses to end the marriage. The Court did not examine the reasons for husbands to end the marriage.
In divorce by claim based on a deep and irreparable breakdown of the marriage, the application shall be submitted by one of the spouses. The district court of the domicile of the defendant has the jurisdiction to hear the appeal. The court is obliged to decide on official blame for the breakdown of the marriage, as well as custody, personal relationships and support of children born out of marriage and property relations between them, the use of the family home and more.
In divorce by claim spouses may declare that they want the court to rule on the question of guilt and the present Agreement, which are required to resolve all other issues.
Reasons for judgment on admission of fault divorce is a deep and irreparable breakdown of the marriage. The term "deep and irreparable breakdown of the marriage" has no legal definition.
By Mr. Petar Mitrindzhakov
Lawyer at Santaniello & Partners
Published on 23 August 2012
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