Marriages between a Bulgarian and a foreign national, and marriages of Bulgarians who have built their lives abroad, are now entirely ordinary. When such a marriage ends, the spouses face questions that a purely domestic couple never has to ask: can we divorce in Bulgaria at all, which country’s law applies, do we both have to travel, and will the divorce be recognised where we live? This article walks through the answers.

Can the Bulgarian courts hear the divorce?

For spouses connected with the European Union, international jurisdiction is governed by the Brussels IIb Regulation (Regulation (EU) 2019/1111). A Bulgarian court is competent if, among other grounds:

• both spouses are habitually resident in Bulgaria, or were last habitually resident here and one of them still is;
• the respondent is habitually resident in Bulgaria;
• in a joint application, either spouse is habitually resident in Bulgaria;
• the applicant has lived in Bulgaria for at least a year before filing — or six months if he or she is a Bulgarian national;
• both spouses are Bulgarian nationals, wherever they live.

The last ground is the one most often used by Bulgarian couples living in Germany, Spain, the United Kingdom or the United States: two Bulgarian citizens can always divorce before a Bulgarian court. Where the Regulation gives no EU court jurisdiction, the Bulgarian Private International Law Code allows proceedings if one of the spouses is a Bulgarian citizen or is habitually resident in Bulgaria.

Which law applies?

Bulgaria takes part in the Rome III Regulation, which lets spouses choose the law applicable to their divorce — for example the law of their common habitual residence or of the nationality of either of them. Without a choice, the law of the spouses’ common habitual residence generally applies, with fallback rules ending in the law of the court seised. In the typical case brought in Bulgaria, Bulgarian law — the Family Code — governs the divorce.

Two routes to divorce

Divorce by mutual consent

If both spouses seriously and firmly agree to end the marriage, they file a joint application together with a written settlement. The court does not inquire into the reasons for the breakdown. The settlement must cover:

• where the children will live and who will exercise parental rights;
• the contact arrangements for the other parent;
• child maintenance;
• the use of the family home;
• maintenance between the spouses, if any;
• the family name each spouse will use after the divorce.

The spouses may also include the division of their property, but are not obliged to. The court checks that the interests of the children are protected and, if so, approves the agreement. The decision is not subject to appeal and takes effect immediately. This is by far the quickest and least costly route — usually a single hearing.

Contested divorce

Where there is no agreement, either spouse may file a claim on the ground that the marriage has broken down deeply and irretrievably. The court hears witnesses and examines the evidence. It rules on which spouse is at fault only if one of them expressly asks for that — which matters for costs, for the family home and for maintenance between former spouses. In the same proceedings the court must decide on parental responsibility, contact, child maintenance and the use of the family home.

A contested case can be converted into a mutual-consent divorce at any stage if the spouses reach agreement, and in practice many do.

Do we have to attend in person?

This is the practical crux for spouses abroad.

• Mutual consent. As a rule the spouses appear in person at the hearing to confirm their consent. Where a spouse is genuinely unable to attend, Bulgarian courts in many cases accept representation by an attorney holding an explicit, notarised and apostilled power of attorney that reproduces the terms of the settlement. Practice is not uniform, so this must be planned with your lawyer for the specific court.
• Contested divorce. The claimant must appear in person at the first hearing; if he or she fails to do so without good reason, the case is terminated. The respondent may be represented throughout.

Everything else — drafting and filing, negotiations, subsequent hearings, obtaining the final decision — can be done by your lawyer under a power of attorney.

Documents you will need

• Marriage certificate. If a Bulgarian citizen married abroad, the marriage should be registered with the Bulgarian municipality of his or her permanent address, which then issues a Bulgarian certificate. A foreign certificate must be apostilled (or covered by the EU multilingual form) and translated.
• Birth certificates of the children under 18.
• The settlement agreement, signed by both spouses, for a mutual-consent divorce.
• Proof of income, where maintenance is to be determined.
• A power of attorney for your lawyer, notarised and apostilled if signed abroad.

Children

If the children live outside Bulgaria, the Bulgarian court hearing the divorce does not automatically have jurisdiction over parental responsibility: under Brussels IIb that belongs primarily to the courts of the child’s habitual residence, unless the conditions for a choice of court are met. This is a point to analyse before filing, because a divorce decree that leaves the children’s situation unregulated is rarely what the parents need. Where the Bulgarian court does decide, it is guided solely by the best interests of the child; children aged ten and over are heard.

Property and maintenance

Unless the spouses signed a marriage contract or chose separation of property, assets acquired during the marriage through joint contribution are held in matrimonial community. Divorce ends the community, and the former spouses become ordinary co-owners in equal shares. The actual division is a separate step — by agreement, in a notarial deed where real estate is involved, or by a partition claim. A spouse who contributed substantially more may ask the court for a larger share within one year of the divorce.

Maintenance between former spouses is limited: only the spouse who is not at fault may claim it, and as a rule for no more than three years after the divorce.

Will the divorce be recognised abroad?

Within the EU, a Bulgarian divorce is recognised automatically under Brussels IIb. The Bulgarian court issues a standard certificate on request, which is presented to the civil-status authorities of the other member state. Outside the EU — including the United Kingdom and the United States — recognition follows the local rules, typically on presentation of the apostilled decision with a certified translation. Conversely, a foreign divorce involving a Bulgarian citizen should be recorded in the Bulgarian civil-status registers; until that is done, the person still appears as married in Bulgaria.

Practical advice

• If agreement is within reach, invest in it: a well-drafted settlement saves a year of litigation.
• Check jurisdiction over the children separately from jurisdiction over the divorce.
• Prepare apostilles and translations before filing, not after.
• Decide deliberately what to do with real estate in Bulgaria — leaving it in co-ownership postpones the problem rather than solving it.

Last reviewed: November 2026. This article provides general information about Bulgarian law and is not legal advice. Every case depends on its own facts and documents.

Need advice on a specific situation? Contact Rositsa Astakova, Attorney-at-Law in Sofia — consultations are available in English, Spanish and Bulgarian, in person or remotely.