Divorce abroad: recognition in Bulgaria

A divorce granted by a court or other competent authority abroad does not appear in Bulgarian records by itself. To have it noted on your marriage record, the decision must be recognised in Bulgaria. This usually happens at the municipality, without court proceedings: for EU decisions under Regulation (EU) 2019/1111, for other countries under the Private International Law Code. A court case is only needed if there is a dispute.

EU decisions

no procedure

with the Regulation certificate

outside the EU

apostille

or legalisation, plus translation

if disputed

Sofia City Court

action under Art. 118 of the Code

Decisions from an EU country

A divorce decision given in an EU country is recognised in Bulgaria without any special procedure (Art. 30 of the Regulation). The Regulation states expressly that no procedure is needed to update civil-status records either, provided no further appeal lies against the decision under the law of the country that gave it.

At the municipality you present:

• a copy of the decision that meets the conditions for establishing its authenticity in the issuing country;
• the Annex II certificate under the Regulation — issued on your request by the court that granted the divorce (Art. 36). It is completed in the language of the decision and can also be requested in another official EU language.

No apostille or legalisation is required (Art. 90). The municipality may ask for a translation of the free-text fields of the certificate and, if needed, of the decision.

Divorce agreements and authentic instruments registered in an EU country (for example a divorce by mutual consent before a notary, where local law allows it) are recognised in the same way. The authority that registered them issues an Annex VIII certificate (Art. 65 and 66).

Decisions from a non-EU country

The decision is recognised by the authority it is presented to (Art. 118(1) of the Code) — when registering a divorce, that is the civil registrar at the municipality. The decision must meet the conditions of Art. 117. The main ones:

• the foreign court had jurisdiction under Bulgarian law;
• the respondent was served with the claim and both parties were duly summoned;
• there is no final Bulgarian judgment, or earlier Bulgarian proceedings, between the same parties on the same matter;
• recognition does not conflict with Bulgarian public policy.

You attach a copy of the decision certified by the court that gave it and a certificate from the same court that the decision is final (Art. 119(2) and (3)). Both documents need an apostille if the country is party to the Hague Convention, or legalisation otherwise, and a translation into Bulgarian. If Bulgaria has a legal assistance treaty with that country that waives legalisation, the treaty applies.

If the municipality refuses, or someone disputes recognition, a declaratory action can be brought at the Sofia City Court (Art. 118(2)). The court only checks the conditions for recognition; it does not re-examine the case (Art. 121).

How the divorce is registered

1. Get the documents

   From the court that granted the divorce: a copy of the decision and the Annex II certificate (EU), or a certificate that the decision is final (non-EU).

2. Apostille and translation

   For non-EU decisions only: apostille or legalisation. The Bulgarian translation is done by a translator in Bulgaria whose signature is notarised, or by a translator approved by the Bulgarian embassy.

3. Submit the documents to the municipality

   To the civil registrar. Check beforehand which municipality is competent — the one for your permanent address or the one holding your marriage record. You can also submit through a representative with a notarised power of attorney.

4. Note on the marriage record

   Once checked, the divorce is noted on your marriage record and in the population register. You can ask for a certificate of marital status.

5. New identity documents

   If your surname changes, apply for a new ID card and passport within 30 days.

Surname after divorce

Under Art. 53 of the Family Code, after a divorce a spouse may take back the surname they had before the marriage. The name of a Bulgarian citizen is governed by Bulgarian law (Art. 53 of the Private International Law Code), so it helps if your choice is stated expressly in the foreign decision or in a document from the foreign authority.

If the decision says nothing about your name, state your wish in writing when you submit the documents to the municipality and ask how they handle it. If the change cannot be made this way, a change of name through the courts remains.

Children and parental responsibility

Regulation 2019/1111 also covers recognition of decisions on parental responsibility between EU countries. The court issues a separate certificate for them — Annex III. Decisions from non-EU countries are recognised under the same rules of the Private International Law Code.