Religion et mariage en Bulgarie

Until the communist takeover on September 9, 1944, only religious marriage had legal force in Bulgaria. Those who wanted to marry need to belong to the same religious tradition. When the bride or the groom were adherents of different faiths, one of them had to convert to the faith of the other. Generally, the state authorities supported the conversion to Eastern Orthodoxy, the constitutionally dominant religion. The conversion from Orthodoxy to another religion, however, could be problematic. People who occupied offices paid by the state budget (e.g. teachers), could lose their jobs in case of such conversion. Such policy aimed to reduce the marriages between people from different religious traditions and secure the majority status of Eastern Orthodoxy.

In 1946, the communist regime adopted a law declaring civil marriage as the only legally recognised form of marriage. It was confirmed by the Constitution of the People’s Republic of Bulgaria (December 4, 1947). Officially, religious marriages were not banned, but their performance was allowed only after the presentation of a civil marriage certificate. Besides, the atheist regime used to cause administrative and other trouble to couples who decided to have a religious wedding as well.

The fall of communism in 1989 did not lead to the recognition of religious marriage. According to the Bulgarian Family Codex (Art.5), marriage is a voluntary union between a man and a woman. [1] From a comparative perspective, citizens of post-communist Bulgaria can have their religious wedding before the civil one. They can also have only a religious wedding but this act has no legal effects (Family Codex, Art. 4, para 2). Also, religious weddings have increased, but there is no sufficient information about this development. The respective faith administrations do not provide information about the number of wedded couples and the incomes from fees for the religious weddings performed.

The long-time partnership of people of different or the same sex has no legal effect. They do not receive the tax benefits accessible to married couples. They also face difficulties arranging property and financial issues as well as the wardship of their common children in a case of separation. There is no reliable statistical data about the unmarried couples in Bulgaria. According to the 2021 National Census, 17.4% of all couples in Bulgaria are not married. As a rule, the leaders of faith communities advocate religious weddings as well as other family-linked rites (baptism, circumcision, etc.).

The leaders of almost all legally recognised religions, and especially the Holy Synod of the Bulgarian Orthodox Church representing the country’s religious majority, regularly oppose same-sex marriage. Meanwhile, although the issue of divorce is a subject of concern among religious communities, there is no active opposition to the liberty of divorce in Bulgarian legislation. Yet, in case of divorce, religious representatives might appeal to the court to entrust the care of the children to a parent who, as their devoted member, is considered more morally acceptable for this responsibility.

Legal Sources :
[1] Family Code, June 23, 2009 (In Bulgarian).