Family and Inheritance Lawyers in Bulgaria - BSLC

Family and inheritance relations, especially in Bulgaria, often put us before the most sensitive life decisions — divorce, dispute over parental rights, division of family property, donations and bequests of hereditary property and others. At such times, it is crucial to have at your side not just a lawyer, but a trusted advisor with legal flair and a human attitude. This is where we at BSLC (Black Sea Law Counsel) — family and inheritance lawyers in Bulgaria — join with our full expertise.

👩 ‍ ⚖️ Imagine that a divorce is imminent, but you do not know how to arrange child care, housing, family property and alimony. Or that a loved one has died, and donations and wills threaten your right to a share of the inheritance. Perhaps you have already received a “profitable” offer to buy and sell a family house, but you suspect that it is aimed at depriving another heir. These are just some of the real cases in which a good inheritance lawyer in Sofia, Burgas, Varna, Plovdiv, Stara Zagora or Veliko Tarnovo makes the difference between loss and justice.

🏠 At BSLC we work both on voluntary agreements and marriage contracts, as well as in legal disputes — for division of property, refusal of inheritance, contestation of wills, personal relations with children and determination of alimony. We specialize in complex cases, including when it is necessary to deprive an inheritance by donation, will or fictitious sale, as well as in disputes between heirs in a straight line.

⚖️ Our team combines deep knowledge of family and inheritance law with negotiation, mediation and strategic litigation skills. We work with both Bulgarian citizens and foreigners, representing clients throughout Bulgaria. We don't just solve the case — we guide you confidently through it.

When should you look for a family and inheritance lawyer in Bulgaria?

Family and inheritance issues concern the most intimate and at the same time the most vulnerable sphere of life — relationships between close people. That is why, when legal certainty is shaken and emotions peak, professional help from a lawyer specializing in family and inheritance law is not simply advisable — it is necessary.

📌If you need legal clarity even before marriage

According to Article 38 (1) of the Family Code, future spouses may choose a regime for their property relations — the so-called “legal regime of community”, “legal regime of, separation” or the conclusion of a marriage contract. Consultation with a lawyer is imperative when you have a high income or business that you wish to protect through a marriage contract even before the marriage.

⚖️ In divorce, separation or disputes about common children or property

According to Art. 49 and Art. 50 of the Family Code, divorce can be by mutual consent or by judicial order. The lawyer is a key figure in:

• drawing up an agreement on divorce by mutual consent (Art. 50 SQ.M.);
• protection of parental rights and preparation of a regime of personal relations (art. 127 SQ.);
• determination and protection of the right to maintenance (art. 139-152 SQ.);
• cases of domestic violence that require judicial protection.

🏡 In matters of succession — opening, allocating or renouncing an inheritance

According to Art. 5 of the Law on Inheritance, the inheritance is opened upon the occurrence of the death of the person. The assistance of a lawyer is recommended:

• in case of disputing a will or donation affecting the reserved part (art. 30 ZN);
• when drawing up a will or donation between relatives;
• if it is necessary to refuse inheritance due to debts;
• when a dispute arises between heirs or one of the heirs is unworthy to inherit (art. 11 ZN).

🤝 When drawing up or terminating a contract for maintenance and care or a contract for the donation of hereditary property

The contract for the transfer of property for maintenance and maintenance under Art. 258 et seq. of the ZDA carries serious legal consequences — both for the transferor and for the acquirer. The lawyer is indispensable in the case of:

• assessment of the fairness and legality of the clauses;
• drawing up a contract with clear rights and obligations;
• termination of the contract in case of non-performance or abuse.

✈️ In the presence of an international element — foreign spouse, child abroad or property outside Bulgaria

According to Articles 4-5 of the Code of Private International Law and Regulation (EU) No 2201/2003, Bulgarian courts have jurisdiction in numerous cases with an international element. A proper determination of the applicable law and the competent court requires a lawyer with experience in cross-border family and inheritance relations.

💼 In each of these cases, the BSLC (Black Sea Law Counsel) team is at your side with expertise, commitment and discretion. We help you protect your rights, plan wisely and get through delicate situations with legal certainty and a human attitude. Contact us to discuss your specific situation.

What are the conditions and requirements for marriage in Bulgaria?

According to Article 4, paragraph 1 of the Family Code (SC), Only civil marriage, concluded in the form prescribed by law, gives rise to the legal consequences that the laws associate with marriage. This means that a religious rite has no legal value unless it is preceded by a duly registered civil marriage.

According to Art. 5 PCS., marriage is entered into by mutual, free and explicit consentof a man and a woman, given personally and simultaneously before the civil status officer. Consent is valid if it is given without coercion, deception or error, and if the parties to the marriage are able to express their free will.

According to Art. 6, para. 1 SQ., the minimum age for marriage is 18 years. The possibility that existed in the past to reduce the age with the permission of the court was canceled, and there is currently no legal possibility of marriage under 18 years of age.

According to Art. 7, paras. 1 and 2 of the FC, They can't get married:

• persons who are already married;
• persons placed under complete prohibition or suffering from mental illness or dementia;
• persons with serious illnesses that threaten the other spouse or future generation (unless the other spouse is aware);
• relatives in the straight line, brothers and sisters, relatives along the costal line up to the fourth degree, as well as adoptive and adoptive parents.

According to Art. 9 SQ.M., those entering into marriage submit declarations and medical certificates certifying the absence of legal obstacles and the existence of informed consent regarding possible diseases. When choosing a property regime or concluding a marriage contract, additional documents with notarization are submitted.

⚠️ When is a marriage annulled under the Family Code(FC)?

According to Art. 46, para. 1 FC, the marriage is annulled if, at its conclusion, the conditions under Art. 6 or Art. 7 of FC were violated, or where consent was expressed under duress through the threat of grave and imminent danger.

1. Violated minimum age for marriage (art. 6, para. 1 FC.)
A marriage entered into by a person under the age of 18 is annulled. At the moment, there is no legal possibility in the FC to reduce the age with the permission of the court - all provisions allowing this have been repealed.‍

2.Existence of an obstacle under Art. 7 FC.
A marriage is subject to annulment if, at its conclusion:

• one of the spouses is already in another marriage;
• one of the entrants is placed under complete prohibition or suffers from severe mental illness;
• there is a kinship relationship prohibiting marriage (marriage between relatives in a straight line, between siblings or adoptive parents and adoptees);
• one suffers from a serious illness posing a danger to the other or to the offspring without the other spouse having been informed.

3.Consent given under threat (Art. 46, para. 1, item 2 SQ.M.)
If the consent to marriage was expressed due to the threat of a grave and imminent danger to the life, health or honor of the person or his relatives, the marriage is annulled. In this case, physical violence is not required - an objective and serious threat that affected the will is enough.

⚖️ An important feature — destructibility acts after a court decision

According to Art. 46, para. 2 SQ.M., no one can invoke the destructibility of marriage unless it has been decided by the court by a decision that has entered into force. Up to this point, the marriage is considered valid and gives rise to all legal consequences.

What types of property regimes can future spouses choose when entering into marriage?

According to Art. 18 of the Family Code, property relations between spouses are regulated by choosing one of the three regimes provided by law: Community legal regime, separation modeor contractual regime (marriage contract). The choice is made at the conclusion of the marriage and is certified by a declaration with a notarization of the signatures, presented to the civil status officer.

1. Community legal regime (art. 21—27 SQ.)
Under this regime, if no other choice is made, by virtue of the law arises matrimonial property community on property acquired during the marriage (art. 21, para. 1 SQ.). The community includes assets acquired through labor, income from personal property and other benefits with a joint contribution. Each of the spouses has equal rights to the common property, regardless of the individual contribution. Disposal of common items is carried out jointly.

2. Separation mode (art. 28 SQ.)
Under this regime, each person retains independent propertyon what was acquired during the marriage. This is a suitable choice for people who want a clear division of their property sphere — for example, in the case of remarriage, business interests or protection of inherited property. Separation does not affect common obligations and the possibility of joint and several liability.

3. Contractual regime (marriage contract) — art. 38—51 SQ.
Spouses can arrange their property relations by written marriage contract with notarization of signatures and content(art. 38, para. 1 SQ.). The contract may provide for:

• who brings what into the marriage;
• how property acquired during the marriage will be managed and distributed;
• way of settling relations in divorce.

The marriage contract may not contain clauses concerning the personal rights and obligations of the spouses, parental rights or the maintenance of children.

Spouses can change the chosen regime and during the marriage by filing a general application in the relevant register (Art. 20 SQ.). The BSLC team prepares marriage contracts, advises on the choice of regime and represents clients in controversial or risky situations related to property relations between spouses.

What are the degrees of kinship in Bulgaria and what legal significance do they have?

Under Bulgarian law, kinship is not merely a social or family concept but a legal category with direct consequences in family, inheritance, civil, administrative, tax, and procedural law.

According to Art. 74 and Art. 75 of the Family Code (FC), Bulgarian law distinguishes three main types of kinship:

• 👨‍👩‍👧‍👦 Kinship in the direct line (parents–children, grandparents–grandchildren)
• 🧬 Kinship in the collateral (lateral) line (siblings, cousins)
• 💍 Kinship by marriage (affinity)

Each type has a different legal scope and effect, as outlined below.

Kinship in the direct and collateral line – legal effects

🚫 Obstacle to marriage

• According to Art. 7, para. 2 FC, kinship in the direct line and kinship in the collateral line up to and including the fourth degree constitutes an absolute impediment to marriage.
• 📌 Example:
  • First cousins (fourth degree in the collateral line) cannot marry.
  • Second cousins (fifth degree) may legally marry.

🧾 Inheritance by law

• According to Arts. 5–10 of the Inheritance Act, statutory inheritance is possible only between relatives in the direct and collateral line.
• There are four classes of heirs by law, all based on blood kinship.
• ❌ Relatives by marriage do not belong to any inheritance class and have no inheritance rights by law.

👶 Adoption restrictions

• According to Art. 46 and Art. 49 FC, certain degrees of kinship constitute an obstacle to adoption, especially:
  • direct-line kinship, or
  • situations where adoption would disrupt the natural family structure.

💶 Maintenance obligations

• According to Art. 140 and Art. 141 FC, kinship in the direct line gives rise to mutual maintenance obligations.
• 📌 Examples:
  • Parents and children owe maintenance to each other.
  • Siblings may owe maintenance only subsidiarily, where no closer obligated relatives exist.

⚖️ Civil law – presumption of knowledge

• According to Art. 135, para. 2 of the Obligations and Contracts Act (OCA), kinship gives rise to a presumption of knowledge in a Paulian (Pavlov) claim. This is a claim which the creditor can use to nullify any transactions made by any of his debtors via which they have ceded property or reduced their collateral and that harm his interests

📌 If a debtor transfers property to a relative, the law presumes that the transferee knew the transaction was intended to harm creditors.

🏛️ Procedural impartiality and recusals

• According to Art. 22 CPC, Art. 29 APC, and the relevant provisions of the Criminal Procedure Code, kinship in the direct or collateral line is grounds for:
  • recusal of judges,
  • prosecutors,
  • investigators,
  • notaries,
    where dependence or conflict of interest exists.

📊 Tax, commercial, and anti-corruption law

• Under the Tax and Social Security Procedure Code (TSSPC), Commercial Act, and Anti-Corruption Act, kinship is a criterion for identifying “related persons”.
• This is relevant for:
  • tax audits,
  • transfer pricing,
  • conflicts of interest,
  • controlled transactions.

Kinship by marriage (affinity) – characteristics and legal relevance

💍 Definition and calculation

• According to Art. 76 FC, kinship by marriage arises between:
  • one spouse and the relatives of the other spouse, and
  • certain relatives of both spouses.
• It is calculated according to the same principles as blood kinship.

📌 Main hypotheses:

• A spouse is related by marriage to the other spouse’s relatives to the same degree.
• Relatives from both families (e.g. sisters of the spouses) are related by summing their degrees.
• The wives of two brothers (or husbands of two sisters) are relatives by marriage of the second degree.

⚠️ Limited legal significance

• According to Art. 76, para. 5 FC, kinship by marriage has legal relevance only where the law expressly provides.
• In particular, it:
  • ❌ is not an obstacle to marriage;
  • ❌ does not create inheritance rights;
  • ❌ does not give rise to maintenance obligations;
  • ✅ may constitute grounds for recusal of officials where provided by law;
  • ✅ is relevant when determining related persons under the Commercial Act, TSSPC, and Anti-Corruption Act.

‍

Table of degrees of kinship in Bulgaria

How can a foreigner get married in Bulgaria?

According to Art. 4, para. 1 of the Family Code, marriage in Bulgaria is considered valid only if it is concluded in civil form before an official of civil status. This applies equally to Bulgarian and foreign citizens. Foreigners can marry in Bulgaria if they meet certain legal requirements, both under Bulgarian law and — in some cases — under their national law.

📌 Requirement of working capacity and absence of obstacles

According to Art. 6 and Art. 7 FC, marriage in Bulgaria can be entered into only by a person who has reached the age of 18, who is not in another marriage, is not placed under complete prohibition and does not suffer from a disease that poses a serious danger. A foreigner must meet the same conditions and prove them with documents from his country.

📄 Mandatory documents for a foreign citizen

The following are usually required:

• certificate of no impediment to marriage (Certificat de coutume/Certificate of No Impediment)— is issued by a competent authority of the person's country of nationality and certifies that, under the law of that State, the person may marry;
• certificate of civil status— prove marital status;
• birth certificate— usually with an apostille and translation;
• a valid passport or identity document;
• medical certificate, issued in Bulgaria, that there are no contraindications to marriage.

All foreign documents must be legalized according to the requirements of Bulgarian law— with an apostille or consular attestation, and translated into Bulgarian by a sworn translator.

🗓️ Procedure and deadlines

According to Ordinance No. RD-02-20-9 on the functions of civil status officials, the foreigner submits an application to the selected municipality at least 30 days before the desired date of marriage. It is possible to shorten the term, but only in the presence of good reasons.

⚖️ Peculiarities of choice of applicable law

According to Article 83, paragraph 1, of the Code of Private International Law, the conditions for the conclusion of a marriage by a foreigner are judged by his national lawunless it is contrary to the public order in Bulgaria. This means that if, according to the law of a foreign country, a person cannot marry (for example, he has not reached the required age), this fact can frustrate the marriage in our country as well, unless the contradiction harms public order.

A foreigner can enter into a fully legal and recognized marriage in Bulgaria, but in order to be recognized in the other country, it is necessary to have a subsequent registration or transformation of the actaccording to local law. The BSLC team provides full legal and administrative support to foreign citizens in the preparation of documents, choice of regime, legalization and protection in case of possible disputes.

‍ Can a foreigner and a Bulgarian marry abroad in a Bulgarian consulate?

Pursuant to Article 6 (5) of the Code of Private International Law (ICPD), a marriage between a Bulgarian citizen and a foreign citizen can be concluded abroad before a Bulgarian diplomatic or consular representative, but only in the presence of three simultaneous conditions:

1. The host country(the country where the consulate is located) It should allow the conclusion of a civil marriage before foreign consular representatives;
2. The national law of the foreign citizen must also allow marriage to be entered into before a foreign consul;
3. The Bulgarian consul must be authorized and technically secured to perform the functions of a civil status officer.

🔍 This means that is possible a Bulgarian citizen and a foreigner to marry in a Bulgarian consulate, but only if both applicable foreign jurisdictions allow it— both the host State and the State of the foreign national.

📌 In practice, this is Rarely applicable option because:

• many countries do not allow in their territory getting married in front of foreign diplomats (especially outside the EU);
• some national laws do not recognize marriages concluded outside the territory of the country concerned or before foreign authorities.

Therefore, the answer to the question is:

✅ Yes, a foreigner can get married in a Bulgarian consulate, but only if the following conditions are met at the same time:

• the other spouse is a Bulgarian citizen;
• the country where the consulate is located allows this;
• and the law of the state of the foreign citizen does not prohibit it.

In each individual case, it is necessary Preliminary legal research and coordination between the diplomatic mission, foreign authorities and the legal team — a service that BSLC provides to its international clients.

❓ What is included in the inheritance – what can be inherited and what cannot?

Pursuant to Art. 1 and Art. 30, para. 1 of the Inheritance Act (IA), the inheritance comprises the property of the deceased existing at the moment of death, which passes to the heirs. The inheritance includes rights and obligations of a proprietary (property) nature, provided that they are not inseparably linked to the personality of the deceased.

🔷 What rights are included in the inheritance

🏠 1️⃣ Rights in rem over movable and immovable property

According to the Property Act, the inheritance includes:

• the right of ownership over movable and immovable property;
• limited real rights, such as:
  • the right to build (superficies),
  • the right to build upon an existing structure,
  • easements (servitudes),
    provided that the dominant property is also inherited.

❗ Exception

• The right of use under Art. 56 of the Property Act is not inherited, as it is extinguished upon the death of the holder.

💼 2️⃣ Obligations and claims (rights in personam)

The inheritance includes all transferable claims that are not strictly personal (intuitu personae), such as:

• claims arising from contracts (sale, lease, loan, etc.);
• claims under maintenance and care contracts – inherited by the acquirer, but not by the transferor who was entitled to personal care;
• claims for pecuniary damages arising from tort or unjust enrichment.

❌ Claims for non-pecuniary damages (e.g. moral suffering) are not inherited.

©️ 3️⃣ Copyright and related rights

• Pursuant to Art. 32 of the Copyright and Related Rights Act, property copyright is inherited for 70 years after the author’s death.
• Moral (non-property) rights are not inherited, but heirs may exercise and protect them (e.g. protection of authorship and integrity of the work).

🧠 4️⃣ Industrial property rights

The following rights are inheritable within the term of their legal protection:

• patents,
• utility models,
• trademarks,
• industrial designs,
• other registered industrial property rights.

📈 5️⃣ Securities and shares in companies

• Shares in a joint-stock company (JSC) pass automatically to the heirs.
• Shares in a limited liability company (LLC) do not automatically confer membership:
  • the general meeting decides whether to admit the heir;
  • in case of refusal, the heir is entitled to the monetary value of the share.
• Checks, promissory notes, and order securities are inherited as property rights.

📜 6️⃣ Transformative and post-contractual rights

The inheritance includes:

• the right to terminate a contract under Art. 87 of the Obligations and Contracts Act (OCA);
• the right under Art. 19, para. 3 OCA to request a preliminary contract be declared final;
• the right to accept an inheritance under Art. 57 IA – if an heir dies without exercising this right, it passes to their heirs (hereditary transmission).

🔷 What is NOT included in the inheritance

❌ Rights of a strictly personal nature

The following rights do not form part of the inheritance:

• the right to divorce;
• the right to rescind a contract due to a defect of consent, except as provided in Art. 31 OCA;
• the right to maintenance where it is intended personally for the deceased;
• rights to:
  • a survivor’s pension,
  • life insurance with a designated beneficiary.

🔷 What obligations are inherited

According to Art. 60 and Art. 61 IA, heirs are liable for the obligations of the deceased up to the value of the inherited property, unless the inheritance has been accepted by inventory, which limits liability.

💳 1️⃣ Private-law obligations

• contractual obligations;
• obligations arising from tort (unlawful damage);
• obligations from unjust enrichment;
• obligations under maintenance and care contracts – only for the acquirer.

🏛️ 2️⃣ Public-law obligations

• taxes, fees, and fines that have already arisen;
• outstanding social security and insurance contributions.

These obligations pass to the heirs as property liabilities.

Heritage in Bulgaria is a complex combination of rights and obligations. It includes only those property components that are alienable and are not inextricably linked with the personality of the heir. The BSLC team provides accurate assessment and legal protection in succession acceptance, debt management, identification of heritable and non-heritable components, as well as advice in complex cases of hereditary transmission or litigation.

What does the term “opening of inheritance” mean? What if the deceased is a foreign national?

Pursuant to Art. 1 of the Inheritance Act (IA), inheritance is opened automatically and by operation of law at the moment of death of a natural person. This legal event is referred to as the “opening of the inheritance” and marks the moment at which the deceased’s patrimony is transformed into a distinct legal entity known as the inheritance estate.

📌 The opening of inheritance is not a formal procedure and does not require any judicial or administrative act. It occurs immediately upon death. From that moment, the heirs acquire the legal status of heirs, and the deceased’s transferable property rights and obligations pass to them, insofar as they are not inseparably linked to the personality of the deceased.

Main legal consequences of the opening of inheritance

1️⃣ Determination of the circle of heirs

The persons entitled to inherit are determined as of the moment of death. Only persons who are alive at that time may inherit, with the exception of expressly regulated cases such as the nasciturus (a child conceived but not yet born). In such cases, the unborn child may inherit provided that it is subsequently born alive.

2️⃣ Determination of the inheritance estate

The inheritance estate consists of all inheritable rights and obligations existing at the time of death. It does not include rights that are personal, non-transferable, or extinguished upon death.

3️⃣ Determination of the applicable law

Pursuant to Art. 21 of Regulation (EU) No 650/2012, the law applicable to the succession is the law of the State in which the deceased had their habitual residence at the time of death, unless the deceased had validly chosen another applicable law in accordance with the Regulation.

📍 Place of opening of the inheritance

According to Art. 1 IA, the inheritance is opened at the last place of residence of the deceased. Although the statutory term “domicile” is no longer used in modern legislation, legal practice accepts that this refers to the deceased’s last permanent address established under Bulgarian law.

✔️ This has important procedural consequences:

• the district court at the place of opening of the inheritance is competent to receive declarations of acceptance or renunciation of inheritance (Art. 49 IA);
• the same court has local jurisdiction over inheritance-related disputes, such as:
  • actions for division of inheritance,
  • actions for establishment of inheritance rights,
  • actions for reduction of testamentary dispositions.

🔶 What if the deceased is a foreign national?

Pursuant to Art. 6 of the Private International Law Code and Regulation (EU) No 650/2012:

• If a foreign national dies in Bulgaria and had their habitual residence in Bulgaria, Bulgarian law applies and the inheritance is opened in Bulgaria.
• If the deceased did not have habitual residence in Bulgaria but owned property located in Bulgaria, Bulgarian courts may have jurisdiction over that property, in accordance with Art. 10 of the Regulation.
• Any inheritance involving real estate located in Bulgaria, regardless of the nationality of the deceased, is subject to registration in the Bulgarian property and cadastral registers, where applicable.

The opening of inheritance is a legal fact with immediate and lasting effects, determining who inherits, what is inherited, under which law, and before which authorities. When the deceased or the heirs are foreign nationals, the assessment of habitual residence, applicable law, and jurisdiction requires specialised cross-border succession expertise.

BSLC provides legal assistance in international inheritance cases, including cross-border succession, judicial division of estates, and hereditary transmission involving foreign elements.