Our right to marry – do we still have it?
Recently, our clients who wish to marry foreigners have informed us of an extremely worrying problem. The problem is that the registry offices (marriage halls) where they wish to enter into a civil marriage are refusing to provide the service. The excuse is that, according to the registry office, the foreigner is in Bulgaria illegally, and this is an obstacle to marrying a Bulgarian citizen.
But is this really so? And is it even within the competence of registry offices to assess whether a foreigner is residing legally in Bulgaria? And to what extent can these offices determine whether a foreigner is in Bulgaria legally or not?
Is there an intervention by state authorities and a restriction of the right of Bulgarian citizens to enter into civil marriage in their homeland – Bulgaria?
Analysing the current situation, we have grounds to assume that, in an effort to present themselves well before the “partner services” after Bulgaria’s accession to the Schengen area, the Bulgarian authorities are surpassing themselves in their zeal to “catch” all illegal foreigners in the country. We fully welcome these efforts. However, we believe that the actions of the authorities must be in strict compliance with Bulgarian legislation.
We hope that it will not turn out that there are unlawful actions by state institutions that “instruct” registry offices not to draw up civil marriage certificates for foreigners who may be in Bulgaria without legal grounds. Because if this is the case, it would be a gross violation of Bulgarian laws and the rights of Bulgarian citizens who wish to marry foreigners in Bulgaria.
Conditions for entering into a civil marriage
The conditions for entering into marriage are set out in the Family Code (FC). This is evident from the text of Article 3 of the FC:
Every person has the right to marry and have a family under the conditions set forth in this code.
art. 3 of the FC
The conditions necessary for entering into a civil marriage, according to the Family Code, are as follows:
- Only a civil marriage concluded in the form prescribed by the Family Code gives rise to the consequences that the law associates with marriage (Article 4(1) of the Family Code);
- Marriage is entered into by mutual, free, and explicit consent of a man and a woman, given personally and simultaneously before a civil registrar (Article 5 of the Family Code);
- A person who has reached the age of eighteen may enter into marriage (Article 6 of the Family Code).
Obstacles to entering into a civil marriage
Article 7 of the Family Code also provides for obstacles to the conclusion of a civil marriage, namely:
A person may not enter into marriage if the person:
- is involved in another marriage;
- has been placed under full guardianship or suffers from mental illness or dementia, which are grounds for placing him or her under full guardianship;
- suffers from a disease that poses a serious threat to the life or health of the offspring or the other spouse, unless he or she is aware of these diseases.
The following persons may not marry each other:
art. 7 of the FC
- lineal relatives;
- brothers and sisters, as well as other relatives by marriage up to and including the fourth degree;
- persons between whom adoption creates relationships of lineal relatives or of brothers and sisters.
Required documents for entering into a civil marriage
Article 9 of the Family Code lists exhaustively the documents required for entering into a civil marriage:
Each of the persons entering into marriage shall submit to the civil registrar:
- a declaration that there are no impediments to marriage under Article 7;
- medical certificate stating that he/she does not suffer from the diseases specified in Article 7, paragraph 1, items 2 and 3;
- a declaration that he/she is aware of the other party’s medical conditions under Article 7, paragraph 1, items 2 and 3.
If the parties entering into marriage have chosen a property regime, they shall submit a joint declaration with notarized signatures for the chosen regime. If a marriage contract has been concluded, they shall submit a certificate from the notary public regarding the date of the contract and its registration number, as well as the number under which the notary public is entered in the register of the Notary Chamber and their area of operation.
art. 9 of the FC
Procedure for entering into marriage
Finally, Article 10 of the Family Code defines the procedure for entering into marriage in Bulgaria:
The civil registrar shall verify the identity and age of the persons entering into marriage, as well as the documents submitted by them under Article 9.
If there are no obstacles to the marriage, the civil registrar shall ask the parties whether they agree to marry each other and, after receiving an affirmative answer, shall draw up a civil marriage certificate. The civil marriage certificate shall reflect the chosen property regime with the information specified in Article 9, paragraph 2. In cases where no property regime has been chosen, the statutory community property regime shall be entered in the certificate.
The document is signed by the persons entering into marriage, two witnesses, and the civil registrar.
art. 10 of the FC
Can a Bulgarian citizen enter into a civil marriage with an illegal foreigner in Bulgaria?
It is clear from the legal texts cited above that the Family Code does not contain any requirement for persons entering into marriage to reside legally in Bulgaria. It follows that a Bulgarian citizen may enter into a civil marriage with a foreigner in Bulgaria, even if the foreigner is in the country illegally. The legal or illegal status of the foreigner is not an obstacle for the conclusion of a marriage. The intervention of state authorities and the obstruction of the conclusion of civil marriages with foreigners who are not legally staying in the country is unlawful. Such interference is not only contrary to the current legislation, but also seriously infringes on the rights of Bulgarian citizens who wish to marry these foreigners.
The article expresses solely the opinion of the author. The information contained therein does not constitute legal, medical, or other professional advice and cannot be used as such.
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