Prenuptial Agreements Under Bulgarian Law
Since 2009, Bulgarian law explicitly provides for marriage contracts (prenuptial agreements) as one of three available marital property regimes. Couples can sign a contract before or during the marriage to define their own rules for property ownership, management, and division in case of divorce.
The Three Property Regimes
When marrying in Bulgaria, couples must choose one of:
- Community property (default) — assets acquired during the marriage are jointly owned
- Separation of property — each spouse keeps what they earn or acquire
- Contractual regime — a custom agreement tailored to the couple’s needs
If no choice is made, community property applies automatically.
What Can a Prenuptial Agreement Cover?
A Bulgarian marriage contract can address:
- Ownership of assets acquired before and during the marriage
- Management and disposal of property — who can sell, mortgage, or lease assets
- Division of property in case of divorce — specific shares or allocation of particular assets
- Contribution to household expenses — how spouses share daily living costs
- Rights to the family home — who keeps it in case of divorce
- Business interests — how company shares or business income are treated
What Cannot Be Included?
Certain matters cannot be regulated by a prenuptial agreement:
- Child custody and visitation — determined by the court based on the child’s best interests
- Child support — a legal obligation that cannot be waived or limited by contract
- Spousal alimony — cannot be entirely waived in advance
- Personal rights and obligations between spouses (fidelity, cohabitation)
- Provisions contrary to law or public morals
Creating a Prenuptial Agreement
Step 1: Negotiate Terms
Both partners discuss and agree on the terms. Each party should ideally have independent legal advice to ensure the agreement is fair and informed.
Step 2: Draft the Agreement
The agreement must be in written form and signed by both parties. While legal representation is not mandatory, having a lawyer draft the agreement ensures it covers all necessary issues and complies with Bulgarian law.
Step 3: Notarization
The marriage contract must be notarized by a Bulgarian notary public. Both parties must appear before the notary and confirm their understanding and consent.
Step 4: Registration
The notarized agreement is registered with the Registry Agency as part of the marriage record. This registration makes the agreement effective against third parties (creditors, business partners).
Why International Couples Need Prenuptial Agreements
For couples where one or both spouses are foreign citizens, a prenuptial agreement is particularly valuable because:
- It provides certainty about which country’s property rules apply
- It protects pre-marital assets located in different countries
- It simplifies property division if the couple later divorces in another jurisdiction
- It can address business interests in multiple countries
- It reduces the cost and complexity of cross-border divorce proceedings
Modifying or Terminating the Agreement
A marriage contract can be:
- Modified at any time by mutual agreement, following the same notarization and registration procedure
- Terminated by both parties agreeing to switch to a different property regime
- Declared void by a court if obtained through fraud, coercion, or if it contains illegal provisions
Cost and Timeline
| Item | Details |
|---|---|
| Lawyer’s fee | BGN 500–2,000 depending on complexity |
| Notary fee | Based on the value of assets covered |
| Registration fee | Nominal fee at the Registry Agency |
| Timeline | 1–2 weeks for drafting and notarization |
Consult a Lawyer in Troyan
A well-crafted prenuptial agreement protects both partners and prevents costly disputes in the future. Attorney Biser Dimov in Troyan advises international couples on marriage contracts, ensuring the agreement is legally sound, fair, and enforceable. Contact us to discuss your prenuptial agreement needs.
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