What are the conditions for obtaining a divorce under Bulgarian legislation? How many forms of divorce exist, and what are the actual legal consequences of terminating a marriage?
This highly important and sensitive topic is commented on in the show "The Law and Themis" by Prof. Dr. Tania Iossifova, an expert in family law.
Who can grant a divorce and what are the types?
It is important to know that only the court is the competent authority that can grant a divorce, regardless of its type. Under Bulgarian law, there are two main types of divorce:
1. Divorce by mutual consent
This is the most civilized way to end a marriage. The court does not investigate the motives and reasons that led to the spouses' decision.
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What is required: The court only verifies whether the desire for divorce is serious and unwavering.
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Procedure: A joint petition is filed by both spouses, which must imperatively be accompanied by an agreement settling all issues after the divorce. The personal appearance of the spouses in court is also required.
2. Divorce due to a deep and irretrievable breakdown of marriage (by claim)
When there is no consensus, a claim procedure is initiated. Here, it must be proven that the marital bond is exhausted of its content, owed by law and morality.
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What is required: This fact must be proven in the process by the plaintiff, often using witness testimony.
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The issue of fault: The court rules on the question of whose fault the breakdown of the marriage is only if there is an explicit request to that effect from one of the spouses.
Legal Consequences: Children and Parental Rights
The legal consequences of divorce are multidimensional. They affect the personal and property relations between the spouses, but mostly—their relations with their minor children.
First of all, the court must rule on the issue of granting the exercise of parental rights. As a rule, they are most often granted to the mother, with whom the children have a stronger emotional bond, but each case is individual.
"Parents must show maturity and not allow the child to be used as a weapon for revenge against the other parent. Otherwise, it can lead to parental alienation syndrome, where the biggest loser is the child itself," Prof. Yosifova is categorical.
Shared parenting
Although the topic is becoming increasingly relevant, shared parenting still faces obstacles in our country. "Unfortunately, in Bulgaria, unlike other countries, it is not adopted as a mass practice. Personally, I believe this is a progressive practice and should be encouraged, as it creates a normal family environment for the child's growth," the expert shares.
How is property divided after a divorce?
The current Family Code regulates three regimes of property relations between spouses:
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Statutory regime of matrimonial property community (СИО - SIO)
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Marriage contract (Pre-nuptial agreement)
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Regime of separation of property
Under the first regime (SIO), which is the most common in Bulgaria, after the divorce, the matrimonial property community turns from joint and indivisible into ordinary co-ownership with equal shares for the spouses.
Important exception: It is possible to prove a different size of the shares (rather than equal) if one of the spouses files a claim and proves that they have a significantly larger contribution to the acquisition of the joint property.
Child Support Obligations
After the divorce, the issue of financial care for the children arises. Each parent is obliged to pay child support for their minor children, regardless of whether they are able to work or have property from which to support themselves.
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How is the amount determined? In the court decision, the court determines the amount of the child support owed, guided by two main factors: the parent's ability to provide it and the needs of the child itself.
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Minimum threshold: By law, the minimum amount of child support for one child is one-quarter (1/4) of the minimum wage for the country (which, for example, for 2021 was BGN 650, meaning the child support increases with every increase in the minimum wage).