Divorce by Mutual Consent — A Fast and Civilized Path to a New Beginning

The termination of a marriage is a delicate and often emotional process. Bulgarian law, however, provides for a faster and less confrontational option — divorce by mutual consent. Unlike contentious divorce proceedings, the court does not examine the spouses’ reasons for ending the marriage. It only verifies whether their consent is serious and unequivocal and whether the interests of the children are adequately protected [Article 50 of the Bulgarian Family Code].

1. Requirements for Granting the Divorce: Serious and Unequivocal Consent

The main requirement for this type of divorce is the existence of serious and unequivocal mutual consent [Article 50 of the Bulgarian Family Code]. This means that the decision to divorce has been carefully considered, is final, and is shared by both spouses.

In order to verify this, the court requires both parties to appear personally at the court hearing [Article 330, paragraphs 1 and 2 of the Bulgarian Code of Civil Procedure]. According to established case law, the spouses’ consent must cover not only the termination of the marriage itself, but also all aspects of the accompanying settlement agreement [Decree No. 60 of 1987 of the Plenary Session of the Supreme Court].

2. The Mandatory Settlement Agreement: What Must It Contain?

A key element of the procedure is the written settlement agreement submitted by the spouses to the court. Pursuant to Article 51, paragraph 1 of the Bulgarian Family Code, the agreement must regulate the following matters [Article 51, paragraph 1 of the Bulgarian Family Code]:

• the exercise of parental rights and the children’s place of residence after the divorce;
• the arrangements for personal contact between the children and the parent who will not directly exercise parental rights;
• the child support payable by that parent;
• the use of the family home;
• maintenance between the spouses, where applicable;
• the surname that either spouse will use after the divorce.

The parties may also include additional arrangements, such as the settlement of their property relations or rules concerning the children’s travel abroad [Article 51, paragraph 1 of the Bulgarian Family Code].

3. The Role of the Court: Protecting the Interests of the Children

The court is not merely a formal registrar of the spouses’ wishes. Its main responsibility is to determine whether the agreement protects the best interests of the children [Article 51, paragraph 2 of the Bulgarian Family Code; Article 330, paragraph 3 of the Bulgarian Code of Civil Procedure].

If the court finds that the agreement is incomplete or prejudices the rights and interests of the children, it will give the parties a period within which to remedy the deficiencies. If they fail to do so, the application for divorce will be dismissed [Article 51, paragraph 3 of the Bulgarian Family Code].

4. Advantages and the Role of the Lawyer

The advantages of divorce by mutual consent are clear: the procedure is considerably faster and less expensive and avoids the emotional strain of contentious court proceedings. Nevertheless, the assistance of an experienced lawyer is invaluable.

Precision of the settlement agreement: The lawyer will ensure that the agreement is comprehensive and legally precise. This is critically important because an agreement approved by the court has res judicata effect and finally regulates the relations between the parties [Decree No. 60 of 1987 of the Plenary Session of the Supreme Court].

Prevention of future disputes: Incorrectly or vaguely drafted property clauses may lead to further court proceedings years later. The case law of the Bulgarian Supreme Court of Cassation shows that where the spouses’ shares in co-owned property are not expressly specified in the agreement, a subsequent claim may be brought to establish that one spouse holds a larger share [Decree No. 63 of 1984 of the Plenary Session of the Supreme Court].

An experienced lawyer will anticipate these risks and prepare an agreement that provides long-term legal certainty.