For the cancellation of a mixed marriage between spouses who reside in one of the EU countries, the proceedings begins by bringing an action before the court of the country where they are habitually resident. If one of the spouses is a Bulgarian citizen, he / she may also file a claim in Bulgaria.

If there are children born from the marriage and the issues related with parental rights shall be resolved from the Bulgarian court, the only condition for the competence of the Bulgaria court is that the children must have lived in Bulgaria immediately for at least 6 months before the application is filed.

The Bulgarian court ex officio checks the nationals of the spouses at the time of the filing of the divorce application as to determine which substantive law is applicable and to decide which questions reared with the divorce is able to resolve. One of these questions is related with the separation of mutual properties. The court in Bulgaria does not divide the property of the spouses abroad. The Bulgarian court only declares that the spouses are no longer married. For property matters, a new case should be filed where the property is located. If it is in Bulgaria, then it`s possible the Bulgarian court to be competent. If the property is not in Bulgaria, then the Bulgarian legislation is not applicable.

The court always rules on children under 18 ages and their support as well as parental rights of the spouses but the condition is that the children must usually live in Bulgaria. If their residence is not in Bulgaria in the last couple of months, then the Bulgarian court is not competent.


“Valova and Angelova” law firm