What Is Divorce by Mutual Consent?

Divorce by mutual consent (развод по взаимно съгласие) is the fastest and least costly way to end a marriage in Bulgaria. Both spouses agree to divorce and reach a settlement on all key issues — property division, child custody, alimony, and use of the family home. The court approves the agreement without investigating fault or reasons for the divorce.

Requirements for Mutual Consent Divorce

To proceed with this type of divorce, the spouses must:

• Both agree to end the marriage — genuine, unconditional consent
• Reach a written agreement covering all legally required matters
• Appear in person at the court hearing (representation by attorney is not sufficient for the personal appearance requirement)
• Be legally competent — capable of understanding and expressing their will

There is no minimum marriage duration required, unlike in some other countries.

The Settlement Agreement

The most critical document in a mutual consent divorce is the settlement agreement, which must address:

Mandatory Issues

• Parental rights — who will have custody of minor children
• Visitation schedule — when and how the non-custodial parent will see the children
• Child support — amount and payment terms
• Use of the family home — which spouse will continue living there
• Spousal support (alimony) — whether either spouse will receive support and for how long
• Family name — whether the spouse who changed their name at marriage will revert to their maiden name

Optional but Recommended

• Division of marital property — real estate, vehicles, savings, business interests
• Division of household items — furniture, appliances, personal belongings
• Pension rights — division of pension contributions accrued during the marriage

The Court Procedure

Step 1: Filing the Petition

A joint petition is filed with the Regional Court where either spouse has their permanent or current address. The petition includes:

• The joint divorce application
• The signed settlement agreement
• Marriage certificate
• Birth certificates of children (if any)
• Property deeds (if property is being divided)
• Court fee payment receipt

Step 2: Court Hearing

The court schedules a hearing, typically within 1–3 months of filing. At the hearing:

• Both spouses must appear in person
• The judge asks each spouse to confirm their consent to the divorce
• The judge reviews the settlement agreement for legal compliance
• Special attention is given to protecting children’s interests
• If everything is in order, the judge approves the agreement and grants the divorce

Step 3: Judgment

The court issues a divorce decree that:

• Dissolves the marriage
• Incorporates the settlement agreement
• Becomes effective immediately (no appeal period for mutual consent divorces)

Timeline and Costs

Item	Details
Court fee	BGN 25 per spouse (BGN 50 total) plus 2% on property values if applicable
Lawyer’s fee	BGN 600–1,500 depending on complexity
Timeline	1–3 months from filing to judgment
Court hearings	Usually one hearing is sufficient

Special Considerations for Foreign Spouses

If one or both spouses are foreign citizens:

• The Bulgarian court has jurisdiction if at least one spouse has habitual residence in Bulgaria
• Foreign marriage certificates must be apostilled and translated into Bulgarian
• The divorce decree may need to be recognized in the foreign spouse’s home country
• EU Regulation Brussels II bis governs jurisdiction and recognition within EU member states

What If Agreement Cannot Be Reached?

If spouses cannot agree on all required issues, they cannot proceed with mutual consent divorce. The alternatives are:

• Continue negotiations with the help of lawyers or a mediator
• File for contested divorce where the court decides disputed matters
• Partial agreement is not accepted — the settlement must cover all mandatory issues

Get Legal Help in Troyan

A well-drafted settlement agreement is essential for a smooth mutual consent divorce. Attorney Biser Dimov in Troyan helps both Bulgarian and international couples navigate the divorce process, draft comprehensive settlement agreements, and represent them before the court. Contact us for a confidential consultation.