Legal issues Bulgaria

Getting married in Bulgaria as a foreigner requires compliance with certain legal procedures and the submission of necessary documents.

Marriage Requirements

The minimum age for marriage in Bulgaria is 18 years. Individuals aged 16 to 18 can marry with the district court's permission. Both partners must give voluntary and informed consent to the marriage.

Required Documents

- Valid passport: Original and copy.

- Birth certificate: Original and certified translation into Bulgarian.

- Certificate of no impediment to marriage: A document issued by the competent authorities of the country of citizenship confirming no obstacles to marriage. This document must be legalized and translated into Bulgarian.

- Medical certificates: Certificates confirming the absence of diseases that prevent marriage. They must be issued by a Bulgarian medical institution and are valid for 30 days from the date of issuance.

- Documents of previous marriages (if applicable): Divorce certificate or death certificate of the previous spouse, certified and translated into Bulgarian.

Marriage Procedure

Application submission: The couple must submit an application to the local municipality (community) at the place of residence of one of the partners. The application must be submitted in person no later than 30 days before the intended wedding date.

Document submission: All the above documents must be submitted to the municipality. Documents in a foreign language must be translated into Bulgarian by a certified translator and notarized.

Setting the date of the ceremony: After checking the documents, the municipality sets the date and time of the civil ceremony.

Ceremony: The civil ceremony is conducted in the presence of two witnesses. After the ceremony, a marriage certificate is issued.

Additional Information

Religious ceremony: Religious ceremonies have no legal standing in Bulgaria and can only be conducted after the civil registration of the marriage.

Legalization of marriage abroad: If you plan for your marriage to be recognized in another country, you may need an apostille on the marriage certificate, which can be obtained from the Ministry of Foreign Affairs of Bulgaria.

It is recommended to contact the local municipality in advance and, if necessary, the embassy of your country in Bulgaria to clarify all requirements and obtain up-to-date information.

Registering the birth of a child in Bulgaria is a mandatory procedure that ensures the newborn's legal recognition and the issuance of a birth certificate. This process is crucial for ensuring the child's rights and access to public services.

Registration Deadlines: The birth of a child must be registered within 7 days from the day of birth. If the child is stillborn, registration must occur no later than 48 hours.

Place of Registration: Registration is carried out at the municipality where the child was born. If the child was born outside a medical facility, registration is done at the municipality of the parents' residence.

Required Documents

- Birth notification: Issued by a medical institution or competent medical personnel if the birth occurred outside a hospital.

- Parents' identification documents: Passports or ID cards of both parents.

- Parents' marriage certificate: If the parents are married, a marriage certificate must be provided.

- Declaration of paternity: If the parents are not married, the father must file a declaration of paternity.

Registration Procedure

Parents or an authorized representative must provide the above documents to the relevant municipality. After the act's drafting, an original birth certificate is issued to the parents. The issuance period for the certificate is 1 day.

Additional Information

Registration abroad: Bulgarian citizens abroad can register the birth of a child at Bulgarian diplomatic or consular representations or local civil registration authorities of the host country. In the latter case, Bulgarian authorities must be notified of the birth for its inclusion in the national register.

Legalization of documents: If documents issued abroad are to be used in Bulgaria, they must be legalized and translated into Bulgarian.

Timely registration of a child's birth ensures their legal recognition and access to public services such as healthcare and education. It is recommended to familiarize yourself with the requirements and prepare all necessary documents in advance to simplify the registration process.

Registering your own business in Bulgaria is a process that requires compliance with certain legal procedures and the provision of necessary documents.

Various forms of business are available in Bulgaria, the most common of which are: Sole proprietor; Limited liability company; Joint-stock company.

To register a company, the following documents are required:

Founding agreement or charter: For Limited Liability Company and Joint-Stock Company.

Decision to create a company: For Sole Proprietor.

Proof of the registered capital contribution: The minimum capital for a Limited Liability Company is 2 BGN.

Application in the prescribed form: Available on the Registration Agency website.

Notarized signature samples of the managing persons.

 

Registration in the Commercial Register: Registration is carried out through the Registration Agency. The application can be submitted in person or online.

Registration with the tax authorities: After registration in the Commercial Register, the company is automatically registered with the National Revenue Agency for tax purposes.

Obtaining necessary licenses and permits: Depending on the type of activity, additional licenses or permits may be required. It is recommended to familiarize yourself with requirements on the government services portal.

Opening a bank account: To conduct financial operations, a bank account must be opened in the company's name.

Stamp creation: Although using a stamp is not mandatory, many companies prefer to have one for document certification.

It is recommended to seek advice from a lawyer or accountant to ensure the correctness of all procedures and compliance with all legal requirements.

Language requirements and document translation

Official language: All notarial actions in Bulgaria are conducted in Bulgarian. If a foreigner does not speak Bulgarian, a notary may require the presence of a licensed translator to ensure the accuracy and understanding of all legal aspects.

Document translation: Documents drawn up in a foreign language must be translated into Bulgarian by a certified translator. Some notaries speak foreign languages, such as English, Russian, or German, which facilitates the process for foreigners.

Legalization and apostille

Apostille: If your country is a member of the Hague Convention on Apostille, documents issued in your country must be apostilled for use in Bulgaria.

Legalization: If your country is not a convention member, documents must be legalized through consular or diplomatic representations.

Choosing a notary

Territorial jurisdiction: Notaries in Bulgaria are only authorized to act within a specific district. For example, a notary registered in Varna cannot authenticate real estate transactions in Sofia.

Finding a notary: A list of notaries is available on the official website of the Bulgarian Notary Chamber.

It is recommended to consult with a lawyer or notary in advance to ensure compliance with all requirements and avoid possible delays or problems.

In Bulgaria, divorce procedure is governed by the Family Code and can be accomplished in two main ways:

Divorce by mutual consent

Joint application: Both spouses submit a joint application to the district court at the place of residence of one of them, expressing mutual and unwavering consent to dissolve the marriage.

Agreement: The application is accompanied by an agreement regulating the children's residence; exercise of parental rights; personal relationships with children; child support; use of family housing; spouse maintenance; surname after divorce.

Court hearing: The court checks whether the agreement is in the interests of the children and does not contradict the law. If all conditions are met, the court issues a decision on divorce.

Divorce by claim

Claim statement: One of the spouses files a claim in the district court, stating that the marriage has undergone a deep and irreparable breakdown.

Judicial proceedings: The court reviews evidence confirming the breakdown of the marriage. At the request of one of the parties, the court may determine fault in the breakdown of the relationship.

Court decision: If the court recognizes that the marriage has indeed undergone a deep and irreparable breakdown, it issues a decision on divorce and determines issues related to children, property, and alimony.

Additional aspects

Legal assistance: It is recommended to consult a lawyer specializing in family law for the proper preparation of documents and representation in court.

State institutions

National Legal Aid Bureau: This is a state body providing free legal assistance to individuals with low income. Foreigners meeting certain criteria can apply for consultation and court representation.

Online resources

LiveExpert.org: A platform providing anonymous consultations with lawyers in an online chat, including free consultations without registration.

Consular and diplomatic representations

Embassies and consulates of your country in Bulgaria can provide information about local law firms recommended for cooperation, as well as procedures for obtaining legal assistance.

Professional associations

Bulgarian Chamber of Notaries: The official site offers a list of notaries providing services throughout the country.

Seeking professional legal assistance will ensure compliance with all legal norms and protection of your interests in Bulgaria.

Choosing a certified translator: The translation of official documents must be done by a translator accredited by the Ministry of Foreign Affairs of Bulgaria. A list of such translators is available on the ministry's official website.

Notarization of the translation: After completing the translation, the translator's signature must be notarized. This confirms the authenticity of the translation and its compliance with the original. Notarization is carried out in a notary office in Bulgaria.

Depending on the country of origin of the document, it may require legalization:

Apostille: If the country is a participant of the Hague Convention of 1961, the original document must bear an apostille. This simplifies the procedure for recognizing the document in Bulgaria.

Consular legalization: If the country is not a participant of the convention, the document must be legalized at the consulate or embassy of Bulgaria in the country of issue.

Structure of the judicial system

District courts: They are courts of first instance and handle most civil and criminal cases.

Regional courts: Act as the first instance for more complex cases and as the appellate instance for district court decisions.

Appellate courts: Review appeals against regional court decisions.

Supreme Court of Cassation: The highest judicial authority in civil and criminal cases, ensuring uniform application of the law.

Supreme Administrative Court: Handles administrative cases and monitors the legality of government actions.

Constitutional Court

Separate from the general judicial system is the Constitutional Court, which checks the compliance of laws and other regulations with the Constitution of Bulgaria. It consists of 12 judges appointed for a nine-year term.

Prosecutor's Office

The Prosecutor's Office of Bulgaria is an independent body responsible for the initiation of criminal cases and oversight of legality. It is headed by the Chief Prosecutor, appointed for a seven-year term.

Supreme Judicial Council

This body is responsible for managing the judiciary system, appointment, promotion, and disciplinary oversight of judges, prosecutors, and investigators.

Purchasing real estate in Bulgaria is a process that requires careful adherence to legal procedures.

Selecting a Property

Decide what type of real estate you need; use online platforms, real estate agencies, or personal contacts to find suitable options.

Checking the Legal Status of the Property

Ownership Documents: Ensure the seller has ownership rights and the property is not encumbered by liens or other restrictions.

Real Estate Registry Check: Request a statement from the Real Estate Registry to confirm the status of the property.

Conclusion of a Preliminary Contract

Contract Content: The contract specifies the main terms of the deal: price, deadlines, obligations of the parties.

Making a Deposit: Usually amounts to 10% of the property’s cost. The deposit confirms the buyer's serious intentions.

Opening a Bank Account

For conducting financial transactions in Bulgaria, it is recommended to open an account in a local bank.

Preparation for Notarial Transaction

Gathering Documents: Required documents include identity documents, the seller’s ownership rights, statement from the Real Estate Registry.

Payment of Taxes and Fees: Before signing the notarial deed, state fees and taxes are paid.

Signing the Notarial Deed

Notary: The official transaction takes place at a notary, who checks all the documents and certifies the signing.

Registration of Ownership: After signing, the notary submits the documents to the Real Estate Registry to register the new owner.

Payment of the Remaining Amount

Timeframe: Usually the remaining amount is paid after registration of ownership.

Payment Methods: Bank transfer, letter of credit, or other agreed methods.

Receiving Ownership Documents

Statement from the Real Estate Registry: Confirms your ownership of the property.

Notarial Deed: The original document confirming the transaction.

Additional Expenses

Transfer Tax: Ranges from 0.1% to 3% of the property’s value.

Notarial Fees: Depend on the value of the property and are set according to the tariff.

Real Estate Agency Commission: Typically constitutes 3-5% of the property's price.

Specifics for Foreigners

Land Purchase: Foreign citizens can acquire buildings, but purchasing land plots is only possible through a legal entity registered in Bulgaria.

Residence Permit: Purchasing real estate worth at least 600,000 Bulgarian levs (about 306,000 euros) may serve as grounds for obtaining a residence permit.

It is recommended to consult a professional lawyer or real estate agency specializing in working with foreigners to ensure compliance with all legal norms and protect your interests when purchasing real estate in Bulgaria.

In Bulgaria, issues of guardianship and adoption are regulated by a number of legislative acts aimed at protecting the rights and interests of children. The main laws in this area are the Child Protection Act and the Family Code.

Guardianship

Appointment of a Guardian: A guardian is appointed by the court to protect the rights and interests of a child left without parental care. The guardian can be a person who meets the requirements set by law and is capable of providing proper care and upbringing for the child.

Duties of a Guardian: The guardian is obliged to care for the child's health, upbringing, and education, manage their property in the interest of the ward, and represent their interests in legal matters.

Adoption

Conditions for Adoption: Adopters can be adults who meet the requirements set by law, including having a stable income, housing, and no criminal records. Adoption is carried out in consideration of the child’s interests and after a thorough check of candidates.

Adoption Procedure: The process includes filing an application with the relevant authorities, conducting a social study, entering into a register of adopters and children available for adoption, as well as a court hearing on adoption. The Minister of Justice gives consent for the adoption of a child with a permanent residence in Bulgaria by a person with a permanent residence abroad.

International Adoption: Bulgaria is a party to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. This means that international adoptions are conducted in accordance with international standards and procedures aimed at protecting the rights of the child.

For detailed information and consultation, it is recommended to contact the Bulgarian Agency for Social Assistance or a qualified lawyer specializing in family law.