This type of divorce requires the mutual and unwavering consent of the spouses to dissolve their marriage. They can apply to the court at the permanent address of one of them to file for divorce by mutual consent, accompanied by an agreement, which according to the Family Code must contain provisions for:

♦ Residence of the children;
♦ Exercise of parental rights;
♦ Personal relationships and child support;
♦ Use of the family home;
♦ Maintenance between spouses;
♦ Agreement on issues arising during the divorce;

First, the agreement regulates the issue of parental rights. If there are minor children from the marriage, then it must be decided which of the two spouses will be assigned the exercise of parental rights, as well as their place of residence. A regime of seeing the children should be agreed with the other parent, which may include overnight stays with him during vacations, birthdays, public holidays and others.

Another important issue is determining the maintenance that a parent who does not exercise parental rights must pay to his or her minor children. The minimum amount of child support is equal to 1/4 of the minimum wage for the country under the provisions of Art. 142, para. 2 of the Family Code.

In a divorce agreement by mutual consent, it is important to settle all the property consequences of this. In it can be made the distribution of ideal parts of the common real estate that each spouse will own after the termination of the marriage. It can also distribute motor vehicles in the family property community regime, as well as amounts in bank accounts and others.

Necessary documents accompanying the application for initiating court proceedings for divorce by mutual consent are:

♦ Certificate of civil marriage;
♦ Inventory of the financial situation of the parties;
♦ Birth certificates of the minor children of the spouses;
♦ Notary deeds for property ownership described in the agreement;
♦ Notes on the received gross remuneration;
♦ Other documents for which our lawyers will assist in their collection and reflection in the divorce petition.

When a divorce is sought by mutual consent, the court may dissolve the marriage, respecting the wishes of the spouses, without the need to verify the reasons behind their decision. For him, the unwavering consent to divorce is enough. When the request is granted, then it is not subject to appeal.


Lawyer Nikola Arabadjiev
Tel: 0888 304 670