Divorce by mutual consent is the fastest and comparatively inexpensive way of dissolving a marriage where the spouses agree that their marriage has irretrievably broken down. It allows the parties to determine for themselves their future personal and property relations, as well as those with their children, without requiring proof of fault or an explanation of the reasons for the separation. The essential feature of this type of divorce is that the parties themselves decide how they will arrange their future relations, with the court merely approving their agreement.
Mandatory Elements of the Agreement
The agreement for divorce by mutual consent must, without exception, settle the following matters:
- Exercise of parental rights – which of the two parents will have priority in exercising these rights.
- Contact arrangements with the other parent – how and when the child will meet the parent who does not exercise the parental rights.
- Child maintenance – the amount of maintenance which the parent who does not exercise the parental rights will pay for the maintenance of the children.
- The family home – who will have the right to use the family home after the divorce.
- Distribution of the joint property – how the property acquired during the marriage will be divided.
- Surname – whether the wife will keep or change her surname after the divorce.
- Costs of the proceedings – how the costs associated with the divorce will be allocated.
Parental Rights and Contact with the Children
Usually the court gives priority to one parent in the exercise of parental rights, but the other parent likewise retains their rights and is allocated certain days for contact with the children. The contact arrangements are specified in detail – which days of the week, as well as how the public holidays and vacations will be allocated.
The parent who does not actively exercise the parental rights is obliged to pay maintenance. The amount of maintenance is determined by the spouses, but must be no less than one quarter of the minimum wage.
Conditions for Maintenance
Maintenance is determined on the basis of the child's needs – age, state of health, education and other needs. The income of the parent who is to pay it is also taken into account. Maintenance is paid to the parent who exercises the parental rights, and it is best for it to be transferred by bank transfer, in order to avoid future disputes. Non-payment of maintenance is a criminal offence under the Criminal Code.
The spouses may also agree that one of them will pay maintenance to the other after the divorce.
The Family Home and Property Acquired During the Marriage
The agreement must clearly specify who will use the family home. Usually this is the parent who exercises the parental rights, but there is a possibility for the home to be used jointly after the divorce, if so agreed.
With regard to the property acquired during the marriage, the parties themselves decide how they will divide it. It is possible for them to retain co-ownership of the property and not divide it immediately. In such cases, however, if after the divorce they wish to dispose of this property, the consent of both parties will be required. This is so in cases where a regime of separation of property has not been chosen.
The spouses may use a marriage contract to settle the property matters before the divorce, or reach agreement during the divorce settlement. If these matters are not resolved, the property may be divided after the divorce by voluntary or judicial partition.
Surname After the Divorce
After the divorce, the wife has the option to choose whether to keep her husband's surname or to restore her maiden name. The husband's consent is not required in order to keep his surname. This option is often preferred where the woman has become known by her surname or where she wishes to keep the same name as her children.
Fees and Costs
Divorce by mutual consent involves minimal state fees. Upon submission of the divorce petition, a fee of BGN 25 is payable. An additional fee is payable depending on the maintenance awarded.
The costs of the proceedings, as well as the lawyers' fees, may be allocated between the parties in accordance with their agreement.
Divorce Proceedings
The procedure for divorce by mutual consent is considerably faster and cheaper than divorce by way of a claim. If the spouses reach agreement on all matters, the case may be concluded in a single court hearing. The divorce documents are submitted to the district court at the permanent address of one of the spouses.
Both spouses must appear in person at the court hearing in order to confirm their wish to divorce. If one of them fails to appear without a valid reason, the case is terminated.
Conclusion
Divorce by mutual consent is a considerably faster and more painless process than divorce by way of a claim. It enables the spouses to decide for themselves all the important matters concerning their future relations, and spares them unnecessary conflict and time.
Our team can help you reach agreement on the disputed matters connected with the divorce. If you require a consultation or assistance in connection with cases concerning divorce, parental rights and maintenance, please contact us on telephone 0887550706 or by e-mail: [email protected]
