Divorce by Mutual Consent: What You Need to Know

Divorce by mutual consent is the fastest and least contentious way to dissolve a marriage in Bulgaria. The procedure is based on the mutual agreement of both spouses and aims to bring the marital relationship to an end in a more straightforward manner, without prolonged court disputes.

In this article, we will outline the steps involved in such proceedings, the documents required, and the issues that must be settled when filing a petition for divorce by mutual consent.

What Is Divorce by Mutual Consent?

Divorce by mutual consent is a judicial procedure in which both spouses declare before the court their serious and unwavering mutual consent to the dissolution of the marriage. The law (Article 50 of the Family Code) requires the parties to state that their marital relationship has irretrievably broken down and that they seek the divorce voluntarily.

What Documents Are Required for Divorce by Mutual Consent?

To initiate divorce proceedings by mutual consent, a set of documents must be prepared, which typically includes:

• a petition for divorce by mutual consent, signed by both spouses;
• a marriage certificate;;
• an agreement regulating all matters arising as consequences of the divorce, including issues related to the children, the use of the family home, the possible settlement of property relations between the spouses, and other relevant matters;
• a list of jointly acquired property, accompanied by the relevant ownership documents for each asset, such as: title deed, cadastral sketch/plan, and tax valuation certificate for immovable property acquired during the marriage; a copy of the vehicle registration certificate and a certificate of insured value for a motor vehicle acquired during the marriage.
  

A lawyer experienced in family law can assist you in preparing and filing these documents, ensuring that they fully comply with the statutory requirements.

Which Matters Does the Court Decide in a Divorce by Mutual Consent?

Even in the case of a voluntary dissolution of the marriage, the court ensures that all essential matters have been properly settled by the parties, including:

• which parent exercises parental rights in respect of the children and the children’s place of residence;
• the determination of child maintenance (child support);
• the regime of personal relations (visitation) between the children and the parent who does not exercise parental rights, where there are minor children;
• the use of the family home after the divorce;
• other agreements concerning jointly owned property, where applicable;
• the family name to be used after the divorce.

The court approves the agreement if it protects the best interests of the children and does not contravene the law.

How Does the Procedure for Divorce by Mutual Consent Take Place?

The main steps include:

1. preparation of the required documents and filing of the petition with the court;
2. scheduling of a court hearing;
3. holding of the hearing, at which the spouses must appear in person and confirm their wish to divorce;
4. issuance of a court decision, provided that all statutory requirements have been met.

Frequently Asked Questions About Divorce by Mutual Consent

How long does the procedure take?

Depending on the court’s workload and the specifics of the case, divorce proceedings by mutual consent may be completed within one to three months from the filing of the documents.

Is personal appearance before the court required?

Yes. As a general rule, both spouses must appear before the court in person and personally confirm their wish to obtain a divorce by mutual consent. However, in my professional practice, there have been cases in which the court has allowed the proceedings to continue without the personal appearance of one of the spouses, provided that an explicit notarised power of attorney from the absent spouse was submitted. Such power of attorney must fully reflect the agreed settlement in its entirety, together with a document certifying the objective impossibility of the absent spouse to attend the court hearing in person. This document must unequivocally prove the inability of the spouse to appear personally. Mere residence abroad or the need to travel does not constitute sufficient grounds for conducting the proceedings in the spouse’s absence, and in such cases there is a risk that the court may discontinue the proceedings.

Can we settle our property relations within these divorce proceedings?

Yes. The settlement agreement may also include the division of jointly acquired property, should the parties so wish.

Is one lawyer or are two lawyers required in divorce proceedings?

For the preparation and conduct of divorce proceedings by mutual consent, one lawyer is sufficient, which is one of the reasons why this type of divorce is generally more cost-effective and often preferable. However, if you feel that the joint lawyer is primarily protecting your spouse’s rights or is in any way neglecting your interests, it is advisable to seek a consultation with another lawyer. Following such consultation, you can decide whether to continue the proceedings with a joint lawyer or to engage your own trusted legal counsel to safeguard your rights and interests in the dissolution of the marriage.