DIVORCE BY MUTUAL CONSENT
The divorce by mutual consent is the most civilized way of termination of a marriage. After the couple came to the conclusion that their marriage came to an end, the decision to terminate the marriage by mutual consent is the fastest, most painless and inexpensive way of termination.
The divorce by mutual consent is regulated in the Family Code and in the Civil Procedural Code. According to the art. 50 of the Family Code the ground for divorce in such case is a serious and unwavering mutual consent of the spouses. There are no defendants in such proceeding, which is why no evidences and motives are required, because both parties agree with the divorce. The prerequisite for issuing of a decision about the divorce is the agreement of both parties expressed via submitted court claim with confirmation of their common agreement about termination of the marriage. The requirement about admission of the divorce by mutual consent after expiration of 3 years term from registration of the marriage was cancelled and currently there are no time limitations for spouses regarding termination of the marriage.
A civil marriage with a foreigner or between foreigners can be terminated through divorce by a Bulgarian court in case one of the spouses is a Bulgarian citizen or his or her habitual residence was on the territory of the Republic of Bulgaria.
The procedure for divorce by mutual consent includes the following steps:
- Signing of a common written request signed personally by both spouses and sent to the District court relevant to the permanent address of one of the spouses. The request should contain some specific requisites and content. The request should also include spouses’ agreement about termination of the marriage which agreement should be personally confirmed during a court hearing. The request should be accompanied by declarations and a receipt for the paid court fee.
- Agreement under the art. 52 of the Family Code. This agreement should comply with legal requirements and it should arrange:
- In case the spouses have children: agreement on custody; place of residence of the children; personal relations with the children; alimony for the children;
- Using of the family housing;
- Alimony between the spouses;
- Last names of the spouses after the divorce;
- In the agreement the parties may arrange division of the real estates acquired during the marriage, as this agreement is registered in the Registry Agency and reflects the change of the ownership right after approval of the agreement in the court decision and after payment of the state fees due;
- There are no obstacles the agreement to contain arrangements about division of the responsibilities taken during the marriage, as loans, credits and so on /no matter on the name of whom of spouses they were taken/.
- The Court decides whether the submitted documents meet the legal requirements and in case they do it appoints a court hearing during which the parties should present personally and to confirm the agreement that was signed by them. Usually a case about the divorce by mutual consent is considered during one court hearing. The Court decides whether the agreement protects the interests of the children as it may require a statement from the Social Assistance Direction. The case is terminated in case one of the parties does not attend the court hearing or does not confirm the agreement. The proceeding can be transformed into a divorce at the request of one of the spouses if one of the parties will not confirm the agreement.
- The decision of the court. The court’s decision consists of two parts: first, the court allows the divorce because of the unwavering mutual agreement between the spouses, and secondly, it confirms the agreement signed and confirmed by the spouses. The court’s decision about the divorce is final and cannot be appealed. The issues related to the questions about the children can be revised but only in case of change of the circumstances specified in the art. 51, para. 4 of the Family Code.
We, the solicitors of ID Law office, believe that our extensive experience allows us to consult and represent you in a way that will protect your interests, because, regardless to the mutual agreement about the divorce, the interests of both parties very often are diametrically opposed. Due to the fact that the court decision about the divorce cannot be appealed, we recommend that each of the parties in a divorce procedure hire its own solicitor.
The present article does not represent a legal consultation but a theoretical study on a specific legal issue. ID Law office is not liable in case of misunderstanding of the information provided in the present article.
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