Divorce by mutual consent or contested proceedings

The Family Code provides for two main routes to divorce:

  • By mutual consent - the spouses file a joint application together with an agreement covering parental rights, personal relations and maintenance of the children, use of the family home, maintenance between the spouses, and the family name after the divorce. The court approves the agreement if it protects the children's interests.
  • Contested proceedings - when there is no agreement, one spouse files a claim for divorce and the court rules on whether the marriage has been deeply and irretrievably broken down, and, if requested, on fault.

Maintenance

Maintenance for a child is determined based on the child's needs and the paying parent's ability to pay. The court takes into account the parent's income, the number of children they support, and the child's specific needs. Maintenance may also be owed between former spouses under the conditions set out in the Family Code.

The amount of maintenance can be adjusted when circumstances change - for example an increase in the parent's income, or the child's growing needs with age.

Parental rights

On divorce the court decides which parent the children will live with, to whom the exercise of parental rights is awarded, sets a schedule of personal contact with the other parent, and the amount of maintenance. The guiding criterion is always the best interests of the child, not the parents' own preferences.

Property consequences

Property acquired during the marriage under the statutory regime of marital community is, as a rule, divided equally between the spouses on divorce, unless the spouses have chosen a different property regime (separation of property or a contractual regime) or reach a different agreement.

Inheritance and wills

In the absence of a will, a deceased person's estate is inherited under the Inheritance Act - by order and degree of kinship among descendants, parents, the surviving spouse and other relatives. Through a will, the testator can distribute their estate differently, but within the reserved share that the law guarantees to certain heirs (children, spouse, parents in the absence of children), which cannot be reduced by a will. Bulgaria does not use common-law trusts; estate planning here is done through wills, donation contracts and the statutory shares set by the Inheritance Act.

How a lawyer helps

A lawyer drafts or reviews the agreement for a mutual-consent divorce, prepares the statement of claim for a contested divorce, helps secure fair maintenance, and protects your parental rights before the court. In inheritance matters, a lawyer advises on drafting a will, the reserved share, and partition of inherited property.

Sources and legal basis