Ending a marriage is never an easy decision, but when it is unavoidable, divorce by mutual consent is the most civilised, fastest and least painful route for both parties. Under the Family Code (СК) of the Republic of Bulgaria, this procedure spares spouses long and exhausting court proceedings in which "fault" for the breakdown of the family is examined.
When there is agreement, the law offers a shortcut. Even so, for the process to be truly trouble-free, a perfectly drafted settlement agreement is needed. In this comprehensive guide we look at each step of the procedure, the documents required, the costs and the hidden pitfalls you should avoid.
Divorce by mutual consent vs. contested divorce: The main differences
To understand the advantages of mutual consent, it helps to compare it with a classic contested divorce (where one spouse sues the other):
| Criterion | Divorce by mutual consent | Contested divorce |
|---|---|---|
| Determining fault | Not examined by the court | The court may rule on the question of fault |
| Duration | Between 1 and 2 months in total | From 6 months to several years |
| Court attendance | Once (mandatory for both) | Multiple hearings, examination of witnesses |
| Emotional stress | Minimal, as there are no disputes | High, due to confrontation and disclosure of personal matters |
| Cost | Fixed and lower | High (fees are paid for each contested claim) |
Conditions for divorce by mutual consent
The sole and most important condition is a serious and unwavering consent of both spouses. The law sets no minimum length of marriage (the requirement for the marriage to have lasted at least 2 years was removed from the legislation long ago).
The court has no right to ask you "Why are you getting divorced?". Its role comes down to two main tasks: 1. To make sure that your decision is free, informed and final. 2. To check that the settlement agreement submitted does not breach the law or the interests of the children.
The settlement agreement under Art. 51 of the Family Code: What must it contain?
The settlement agreement is the most important document in your case. It governs your life after the divorce and becomes a court decision with the force of a writ of execution. It must include the following clauses:
1. Parental rights and the children's residence
It clearly defines which parent will exercise parental rights and where the minor children will have their permanent address and residence.
2. Contact arrangements (visitation with the children)
This is the schedule according to which the parent with whom the children do not live will spend time with them. To avoid future conflicts, the schedule should be as detailed as possible: * Regular arrangements: For example, every first and third weekend of the month with overnight stays, as well as certain days during the week. * Holiday arrangements: Birthdays, Christmas, New Year, Easter and name days – usually on a rotating basis (odd/even years). * Summer and winter holidays: A set number of days (e.g. 30 days in summer) that do not coincide with the other parent's paid leave.
3. Child support
Child support is an inherent right of the child, and parents cannot agree to waive it entirely. Its amount is determined according to the child's needs and the parent's means, but it cannot be lower than the statutory minimum (which is equal to one quarter of the national minimum wage).
4. Use of the family home
The agreement determines who will remain living in the home that served as the shared family residence, regardless of which spouse owns it. Where there are minor children, it is almost always granted to the parent who will raise the children.
5. Surname after the divorce
A spouse may keep their married name or revert to their pre-marital name. The change is recorded ex officio in the registers of the Ministry of Interior (МВР) and the civil registration system (ГРАО) after the decision, on the basis of which new identity documents are issued.
What happens to property and loans (marital community property – СИО)?
One of the most common questions is: When and how is the property acquired during the marriage (the marital community of property – СИО) divided?
In a divorce by mutual consent you have two main options: 1. Settling it in the agreement itself (Recommended): The text sets out who receives what share of the real estate, vehicles, company shares and bank accounts. If one spouse receives a larger share, they may pay the other a cash "equalisation" payment. 2. Leaving it for a later partition: If you do not wish to settle the property immediately, after the divorce the joint ownership (СИО) becomes ordinary co-ownership in equal shares (50/50). This, however, carries a serious risk of long future proceedings for voluntary or judicial partition.
Caution with mortgage loans: If you have a joint loan, the court may approve your agreement that one spouse takes over all the repayments, but this agreement is not binding on the bank. For the bank, you remain jointly and severally liable co-debtors until an official annex releasing one of you from liability is signed.
Divorce with an international element (Spouse abroad)
Is it possible to divorce by mutual consent if one spouse lives, studies or works permanently abroad? Yes, it is entirely possible.
The legal preparation (drafting the joint application and the settlement agreement) can be done entirely remotely. The spouse who is abroad can sign the documents and powers of attorney before a Bulgarian consul in the relevant country or before a local notary (with subsequent legalisation or an Apostille, as appropriate).
Important exception: For the court hearing itself in Bulgaria, however, the law requires the personal attendance of both spouses. If one of them fails to attend the hearing without a valid medical or insurmountable reason, the judge automatically discontinues the case.
Detailed list of documents required by the court
To start the procedure successfully before the District Court, we need to assemble the following set of documents:
- Original marriage certificate (current status).
- Copies of the children's birth certificates (if there are minor children from the marriage).
- Written settlement agreement under Art. 51 of the Family Code, signed by the parties.
- Declarations of family and financial status and income (completed by each spouse separately on an approved form).
- Title documents (notarial deeds, contracts, vehicle registration certificates), where the settlement agreement provides for the division of joint property.
- Payment slip for the initial state fee.
Frequently Asked Questions (FAQ)
How long does the whole divorce process take?
After the documents are filed with the court, the hearing is usually scheduled within 3 to 6 weeks, depending on the workload of the relevant District Court. The court decision itself becomes final on the day it is delivered. In total the process takes around 1 to 2 months.
Can an approved settlement agreement be changed years later?
The clauses concerning the children (child support, residence, contact arrangements) can be changed through the courts at any time if circumstances change permanently (for example: the child grows up and has greater financial needs, or one parent moves to another city/country). The clauses on property and surname, however, are final and cannot subsequently be changed.
Do we need one joint lawyer or two separate ones?
In a divorce by mutual consent the law allows you to be represented by one joint lawyer. This cuts your costs in half. If, however, you have serious disagreements about dividing the property or the rights to the children, it is better for each party to have their own representative to negotiate the best terms before the final signing.
How is the state fee calculated?
An initial fee of BGN 25 is paid to open the case. At the end of the case the court sets a final fee (up to BGN 40). If the settlement agreement provides for child support, an additional state fee of 2% of the total amount of support for three years ahead is payable.
Why is professional help from a lawyer critical?
Although divorce by mutual consent is simplified, it requires precise legal planning. A contract or settlement agreement downloaded as a standard "template" from the internet often overlooks key life situations, which years later forces former spouses back into the courtroom for costly and difficult proceedings.
Mechkova & Dimitrova Law Firm will help you prepare a balanced, secure and legally compliant settlement agreement, protecting your interests and those of your children with complete discretion.
Contact us for an initial consultation to discuss your case, and we will help you get through this stage quickly, economically and calmly.