An amicable divorce is one of the quickest procedures for ending a marriage. It is regulated in the Family Code and offers the possibility for both spouses to separate in a normal way, without unnecessary tension and litigation.
What is an amicable divorce?
In an amicable divorce, the spouses voluntarily agree to end the marriage. The procedure is based on their mutual desire and includes the settlement of all matters relating to the consequences of the divorce. Where the spouses have seriously and firmly agreed to divorce, the court shall grant the divorce without inquiring into their reasons for dissolving the marriage.
What is covered in the amicable divorce agreement?
The agreement that the spouses have to present to the court regulates the following issues:
- Parental rights and the children’s residence: which parent will exercise parental rights and where the children will live after the divorce.
- Contact arrangements: the days and periods when the non-custodial parent will be allowed to see and spend time with the children.
- Child support: the amount of support one parent will pay for the children’s needs.
- Spousal maintenance (if applicable): where one spouse is entitled to maintenance from the other.
- Property relations: the division of community property acquired during the marriage.
- Use of the family home: who will stay living in the family home or how it will be used after the divorce.
- Surname: Whether the spouse who changed his/her surname at the time of marriage will keep it or restore his/her pre-marital surname. After the divorce, the spouse may restore his or her premarital surname.
Modification of the residence, custody, personal relations and maintenance of the children may be requested in the event of a change of circumstances.
In addition to the child’s residence, custody, personal relations and maintenance, the agreement may also include any other arrangements relating to the upbringing and care of the child.
Amicable divorce fees
- Basic Fee: A fee of up to 40 BGN is charged when filing for divorce by mutual consent.
- Additional fees: if the parties reach an agreement on maintenance or property:
- 2% on the value of the property shares.
- 2% on three years’ worth of maintenance.
Procedure for divorce by mutual consent
- Preparation of documents:
- Preparation of an amicable divorce petition.
- Drafting an agreement between the spouses on all aspects of the divorce.
- Filing an application with the court:
- The divorce petition is filed with the competent district court of the domicile of one of the spouses.
- Hearing:
- The court hears both spouses to make sure that the desire for divorce is voluntary and informed. The presence of the spouses is mandatory.
- If the court considers that the agreement is in the best interests of the children and the spouses, it shall approve it. The court may request an opinion from the Social Assistance Directorate.
- Court Decision:
- The court issues a judgment dissolving the marriage. The judgment dissolving the marriage by mutual consent is not subject to appeal.
Advantages of an amicable divorce
- Speed: The procedure takes considerably less time than divorces by action.
- Lack of conflict: Spouses avoid protracted and stressful litigation.
- Control over the terms: both parties set the terms of the divorce themselves instead of it being decided by the court.
How can we help you with an amicable divorce?
Concordia Law Firm attorneys offer professional assistance in amicable divorce. We will help you with:
- Consultation and preparation of necessary documents;
- Tips and guidelines for drafting an agreement;
- Representation in court;
- Resolving property and custody issues.
Contact us at +359 878583010, e-mail: law.concordia@gmail.com or via the contact form on our website to get competent legal assistance and protection of your interests.
You can read about an agreement on custody and child support without marriage here.
