Divorce by mutual consent. Court hearing and decision to dissolve the marriage.
Divorce by mutual consent. Court hearing and decision to dissolve the marriage.
Divorce by mutual consent can be decreed by the court only and only in the presence of:
-serious and unwavering mutual consent of the spouses for divorce, without looking for their reasons for ending the marriage,
- an agreement presented by the spouses regarding the place of residence of the children, the exercise of parental rights, personal relations and maintenance of the children, as well as regarding the use of the family home, maintenance between the spouses and the surname. They can also agree on other consequences of the divorce.
The common will to end the marriage is decisive. Therefore, spouses must necessarily have legal capacity.
Consent is unshakable when the will of the parties is firm, categorical and final. Serious consent means that the decision to divorce is thought out in advance and is motivated by major misunderstandings or important reasons.
Claims regarding the exercise of parental rights and maintenance of children after the termination of the marriage by mutual consent are allowed in the event of a change in circumstances.
The court does not decide a dispute, but assists in achieving the result requested by the parties to end the marriage by mutual consent.
In its decision, the court reproduces the consequences agreed between the parties after the termination of the marriage. If the decision is positive, there is no possibility of appeal. In case of a negative decision, it can be appealed by both spouses together.
The president of the court calls the spouses, who must appear in person to confirm that their decision to end their marriage is mutual, serious and unwavering. In the event that one of the spouses does not appear at the hearing without valid reasons, the case is terminated. After being convinced that the agreement of the spouses to divorce is serious and unwavering, and finding that the agreement reached does not contradict the law and is in the interest of the children, the court allows the divorce and confirms the agreement with a decision.
The costs and fees of conducting the case are distributed between the spouses-applicants in accordance with the agreement or the costs remain burdened by each of them, as they incurred them.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg