Bulgaria's Family Code changes 2026: ДВ No. 115/2025 analysis

On 30 December 2025 the Act Amending and Supplementing the Family Code, published in State Gazette (ДВ) No. 115, entered into force. It is the most significant reform of Bulgarian family law since the current Family Code (СК) was adopted in 2009, and it affects the most sensitive institutions in practice: the exercise of parental rights after divorce, contact arrangements (режим на лични отношения), a child’s travel abroad and interim measures in matrimonial cases.

For the practising lawyer this means rewriting standard statements of claim, updating the templates for agreements under Art. 49 and Art. 51 СК, a new strategy in cases with interim measures and building an evidence base under the new para. 8 of Art. 59 СК on alienating behaviour. In this analysis we examine all 13 paragraphs of the Act (ЗИД), article by article, with verbatim quotations from the promulgated text and concrete procedural consequences.

Chronology and scope of the ЗИД

The Act Amending and Supplementing the Family Code was adopted by the 51st National Assembly on 18 December 2025. By Decree No. 275 of 23 December 2025 of the President of the Republic of Bulgaria, the act was promulgated in State Gazette (ДВ) No. 115 of 30 December 2025. Under § 13 of the Transitional and Final Provisions, the act enters into force on the day of promulgation, that is, on 30 December 2025.

In terms of structure, the ЗИД works on two layers: a substantive layer, amendments to the Family Code (§§ 1-11), and a procedural layer, amendments to the Civil Procedure Code (§ 12). The transitional regime in § 11 preserves the previous procedure for proceedings that have not been completed, which is key for cases pending on 30 December 2025.

Art. 59 СК in its new wording: anatomy of the 11 paragraphs

The core of the reform is the entirely new wording of Art. 59 СК. From the previous 8 paragraphs the provision grows to 11, which restructure the logic of ordering measures for the exercise of parental rights on divorce. The main axes of the new wording are three: priority of the agreement, the introduction of joint exercise as an equal option, and codification of protection against alienating behaviour.

Paragraph 1 confirms the priority of the parental agreement and introduces the express role of the mediator. Paragraph 2 regulates the court’s ordering of measures of its own motion when there is disagreement. Paragraph 3 is the conceptual innovation: it allows the joint exercise of parental rights if both parents state a wish for it and it is in the best interests of the child. Paragraphs 4-7 regulate the contact arrangements, the parents’ information duties, the court’s criteria and the maintenance standard. Paragraphs 8-11 introduce specific mechanisms: a response to alienating behaviour, placement with relatives or a social service, protective measures and the conditions for a later change of the arrangements.

Joint exercise of parental rights (Art. 59(3))

Before the ЗИД на СК, case law treated the joint exercise of parental rights as an exception rather than an equal option. The new paragraph 3 of Art. 59 СК conceptually reverses this logic: if both parents state a wish for joint exercise and it is in the best interests of the child, the court orders such an arrangement. In case of disagreement on specific issues, the parties may ask for a ruling from the court.

The link with mediation is greatly strengthened. According to Art. 59(1), sentence 3 СК, in proceedings on parental rights the court refers the parties to mediation, which is now not just a recommended step but has an express statutory status. In practice this means a growing role for mediators in family law disputes and a new specialisation for lawyers who combine procedural representation with mediator qualifications.

Art. 127а СК: a new regime for a child’s travel abroad

The new Art. 127а СК systematises the case law on permissions for a child’s travel abroad in a separate provision. The definition of the concept of “travel” is given in the new § 2а of the Additional Provisions: a short-term departure from the territory of the country without a change of residence. The distinction from a change of residence (under Art. 126 СК) is fundamental for jurisdiction and evidence.

The hierarchy of application is important for the procedural classification of the dispute. Art. 127а СК applies where there is no regulation under Art. 51 СК (agreement on divorce by mutual consent), Art. 59 СК (decision on divorce without consent) or Art. 127 СК (parents outside marriage). That is, if another solution has already been ordered or approved, it exists as an enforcement title (изпълнително основание) and a new claim under Art. 127а would be inadmissible until circumstances change.

Art. 126 СК: a new sentence on change of residence

The ЗИД на СК adds a new second sentence to Art. 126(1) СК, which codifies the existing case law of the Supreme Court of Cassation (ВКС) on the child’s “centre of social and family life”. When the change of residence leads to a substantial change of this centre, the consent of both parents is required, even where one of them exercises parental rights on the basis of a final decision under Art. 59 or Art. 127 СК.

For lawyers representing the parent who opposes the relocation, the new regulation is a serious tool. It is advisable to ask promptly for an interim measure under the new Art. 138б СК that prohibits the relocation until the final ruling. Where the relocation involves travel abroad, Art. 126(1) СК and Art. 127а СК apply in parallel.

Parental alienation (Art. 59(8)): codifying the practice

Paragraph 8 of the new Art. 59 СК is among the most significant doctrinal innovations in the ЗИД. The institution of “parental alienation” had until now had doctrinal coverage and was developed partially by established ВКС practice. The new para. 8 codifies this practice and provides a procedural tool: appointing a psychologist expert witness when there are indications of alienating behaviour.

The evidentiary standard is lower than usual: the legislator uses the wording “when there are indications of” (при данни за), not “when it is proved” (при доказване на). This allows the court to appoint a psychological expert examination on indications, without requiring full direct proof of the alienating behaviour. In practice this means that the lawyer of the affected parent can ask for an expert examination as soon as initial circumstantial evidence is presented.

New Art. 138б СК: interim measures to a new level

Until the ЗИД was adopted, interim measures in matrimonial cases were regulated mainly in Art. 323 ГПК. The new Art. 138б СК adds a substantive-law basis that extends the scope of interim measures beyond the divorce process: they can also be ordered in pending proceedings on parental rights (Art. 59, Art. 127, Art. 127а), regardless of whether the marital relationship has ended.

The express possibility for the court to order interim measures of its own motion, not only at a party’s request, is especially important. This correlates with the new para. 1 of Art. 323 ГПК, to which the words “or of its own motion” (или служебно) have been added. The dual regulation, substantive (Art. 138б СК) and procedural (Art. 323 ГПК), gives the court a strong tool for protecting the child in lengthy proceedings, particularly where there are indications of alienating behaviour or a risk of wrongful abduction abroad.

Annulment of a marriage with a minor: new item 1 in Art. 47(1)

A new ground for annulment of a marriage is introduced by the new item 1 of Art. 47(1) СК: a marriage concluded in breach of the age requirements under Art. 6 СК. Only the minor spouse has the right to sue, within six months of reaching majority. A condition for admissibility is the absence of children from the marriage and that the wife is not pregnant.

Correlatively, § 12, item 1, letter “б” of the ЗИД introduces a new para. 4 of Art. 322 ГПК, which excludes the admissibility of a claim for annulment of the marriage after a claim for divorce on the same grounds has been dismissed (breaches under Art. 6(1) and Art. 46(1), item 2 СК). This correlation aims to prevent abuse of procedural means through successive claims.

Agreement under Art. 51 СК: travel and personal documents in the mandatory minimum

The ЗИД extends the mandatory minimum of the agreement under Art. 49(4) СК (to which Art. 51 СК refers) with provisions on the children’s travel abroad and the issue of personal documents. This is a practical consequence of the new Art. 127а СК: the legislator prefers these questions to be settled in the agreement at the time of divorce rather than give rise to later proceedings.

For lawyers who work with templates of agreements for divorce by mutual consent, this means that all existing forms must be updated. An agreement that does not contain provisions on travel abroad and personal documents risks being refused by the court in the proceedings under Art. 51 СК.

Art. 127 СК (parents outside marriage): the force of an enforcement title

Art. 127 СК regulates relations between parents who are not married. After the ЗИД of 2025, the agreement between them also covers travel abroad and the issue of personal documents. An agreement approved by the district court expressly acquires the quality of an enforcement title under Art. 404, item 1 ГПК, which makes it possible to start enforcement proceedings directly in case of non-compliance.

Changes in the ГПК: what changes in matrimonial cases

Paragraph 12 of the ЗИД introduces four changes in the ГПК that deserve separate attention. The first concerns the scope of the matrimonial process, the second the interim measures, the third the period for appearance, and the fourth is a coordinating one.

Art. 322(2) ГПК confirms the mandatory examination, of the court’s own motion, of the key questions relating to children, where there are minors. The new para. 4 (examined above) excludes a claim for annulment of the marriage after a dismissed claim for divorce on the corresponding grounds.

The two amendments to Art. 323 ГПК are fundamental. First, the possibility for the court to order interim measures of its own motion is added. Second, the change of interim measures is now made by the relevant court before which the case is actually pending, not necessarily the original one. This is important when the case moves between instances and when jurisdiction is transferred.

The coordinating change in Art. 330 ГПК is technical: the reference to Art. 101 is replaced with the corresponding reference to Art. 51 СК. This change does not introduce a new rule but aligns the text of the ГПК with the numbering of the provisions currently in force in the СК. For practice its significance lies in updating citations when drafting applications and procedural acts.

Transitional provisions: § 11 and the regime of pending proceedings

§ 11 of the transitional provisions of the ЗИД is critically important for cases pending on 30 December 2025. It preserves the previous procedure for uncompleted proceedings under Art. 59, Art. 127 and Art. 127а СК, and under Art. 322(2) and Art. 323 ГПК. That is, the new provisions do not apply to these cases: the wording of the law at the time the case was initiated remains applicable to them.

A concrete indicator of the applicable regime is the date of the statement of claim, not the date on which the decision is issued. Cases filed up to and including 30 December 2025 fall under the previous procedure even if the decision in them is issued after the ЗИД enters into force.

Practical checklist for family law lawyers

The changes to the Family Code require an immediate reaction in several areas. Below is a checklist for lawyers who work with cases on parental rights, divorce and marital relations.

In practice it is advisable for every lawyer who works in family law to put together a personal resource pack with the verbatim text of the ЗИД, a synoptic table of the 13 paragraphs and templates for procedural acts that take account of the new paragraphs and interim measures.

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