Greece
An international divorce is very different from other divorces.
Consideration must be given to the court’s jurisdiction, applicable law, recognition of the foreign marriage and enforcement of the court’s order.
When a parenting plan has to be made, it is more complicated when the parents do not live in the same country.
On this page you can read how this is regulated in Greece.
Country Reporter:
Elias Yiannatsis
Elias has a broad experience with family law, including cross- border family disputes, while also practicing criminal law.
Elias works in Greece from his own law firm. He is a pro bono member of the NELFA legal team (Network of European LGBTIQ* Families Associations).
Elias has volunteered to keep this page about Greece up to date.
Lawyers and mediators in Greece
We provide a list of lawyers and mediators in Greece, who can assist you with your international divorce.
Divorce procedure: Greece
Starting the procedure
Divorce in Greece can be either amicable, granted by a public notary, or the result of a court adversarial proceeding.
Namely, in case one of the parties does not wish to grant the divorce amicably, the other party needs to file a divorce lawsuit before the Single- Member Court of First Instance (Special Proceedings of Disputes Arising from Family, Marriage and Civil Partnership) claiming either that the marriage has been irrevocably broken on the default of the defendant or that there has been a period of two years of separation until the hearing of the lawsuit.
Divorce in Greece is regulated by articles 1438-1441 of the Greek Civil Code.
More specifically, the strong breakdown of the marriage is established as a general ground for divorce under provision 1439 (1) of the CC. A strong breakdown is a disturbance of the relations between the spouses to such an extent that the continuation of the marital cohabitation becomes intolerable for the person invoking it. It is essentially the shift in the mentality of the spouses and the disappearance of any desire to continue married life. It is literally not the marriage that is shaken, but the emotional world of the spouse. Strong breakdown is a general concept and a great many events can be classified as such. A breakdown can therefore be any event which affects the shared living of the spouses and which is likely, objectively, to lead to their emotional alienation and the collapse of the marriage. The ground for the breakdown must be causally linked to the other spouse. Indicatively, as grounds for breakdown of the marriage have been crystallized by case law a) continued indifference to the marital home, b) insults, offences, abuses or threats, c) breach of the obligation to contribute to the needs of the family, d) unjustified aversion or insulting attitude towards the close relatives of the other spouse, and e) antipedagogic behavior towards the children.
Finally, Article 1439(3) of the Civil Code states that if the spouses have been separated continuously for at least two years, the breakdown is irrefutably presumed and the divorce may be granted by a court decision, even if the ground for the breakdown concerns the plaintiff, and that the completion of the period of separation is calculated at the time of the hearing of the lawsuit. The completion of the period shall not be prevented by minor interruptions made in attempt to restore relations between the spouses.
Interim decisions- Mediation / alternative dispute resolution
The decision regarding the dissolution of the marriage is independent of any procedures regarding personal or property matters of the spouses or issues relating to any children of the couple. However, the applicant can contain in the same lawsuit a request for alimony, a regulation of custody and contact rights regarding children and alimony on their behalf. The later issues can also be dealt with the interim measures procedure as well as through mediation, in contrast with the dissolution of the marriage which can only be the result of a lawsuit following the as per above procedure.
It is also important to note that the court decision claiming the marriage dissolved finding the defendant “guilty” for the breakdown of the marriage does not have any further influence either on the regulation of custody and contact rights or any alimony obligations between spouses.
Filling evidence- Duration -Court hearing
The hearing date is usually set between three to six months after the filing and the lawsuit needs to be served to the other party 30 days before the hearing or 60 days in case the defendant is residing abroad. The discussion takes place in a court audience and the parties can participate either in person with their attorney or with a notarized power of attorney. The parties can provide written and oral evidence, such as affidavits or witnesses. After the hearing the attorneys file their written statements and there is a deadline of five days to file additional statements and evidence to dismiss the claims of the other party. The court decision can take up to a year to be issued, given the workload of Courts of First Instance.
Decision- Registration of the Divorce
In order for the decision to produce legal effect, it needs to be irrevocable.
According to CC 1438(b), the marriage is dissolved by an irrevocable court decision. As defined in the CCC, an irrevocable judgment is a judgment which cannot be challenged by ordinary or extraordinary legal remedies.
Irrespective of the type of marriage (religious or civil), the judgment deciding on the dissolution of the marriage is final and may therefore be challenged by legal remedies. Therefore, as long as the decision may be challenged on appeal, it does not acquire the force of res judicata and does not produce the legal effects intended for the parties and for third parties, since the divorce decree is erga omnes.
1) In order for the final judgment of first instance dissolving the marriage to become irrevocable, the parties (either in person or through their attorneys) must make a declaration of waiver of the right to appeal to the registry of the court that issued the judgment. A waiver of the right to appeal is only understood to mean after the final judgment has been delivered (599 CCC).
2) In the event that the parties fail to waive the remedies, the judgment becomes irrevocable either because the ordinary and extraordinary remedies have been exercised and rejected or because the time limits for their exercise have expired without effect.
The time-limits for the exercise of ordinary and extraordinary remedies vary according to whether or not the judgment has been served. In particular:
(a) if the judgment is served: the time limit for the exercise of ordinary remedies, namely an appeal and an application in absentia, if the judgment was given in absentia, starts to run from the service of the judgment. The time limit for the application in absentia is fifteen days (503 CCP), while the time limit for an appeal is thirty days (518 CCP). Given that the time limit for an application in absentia and an appeal in default coincide, the judgment of the court of first instance becomes final 30 days after service. The above applies in the case of known residence of the party in Greece, while in the case of unknown residence or residence abroad the time limits are modified accordingly.
Once the judgment has become final, the time-limit for the exercise of extraordinary remedies, that is to say, the right of cassation appeal (αναίρεση) and the appeal to reexamine the case (αναψηλάφηση), begins to run. The time limit for the appeal to reexamine the case, especially in matrimonial disputes (Article 598 of the Civil Procedure Code), 6 months from the service of the judgment, while the time limit for a cassation appeal is 30 days from service (provided, of course, that the person concerned has a known residence in Greece – CC 564(1)). The time limits of these two extraordinary legal remedies concide.
Therefore, the judgment at first instance becomes irrevocable if a total period of 7 months has elapsed without action (30 days for an appeal and an appeal on absentia and 6 months for the appeal to reexamine the case, during which the 30-day period for a cassation appeal will have elapsed).
b) Non-service of the decision: in the event of non-service of the final decision at first instance, the so-called “abusive time limit” for lodging an appeal begins, starting from the day of publication of the decision. The time-limit for an appeal is two years (CC 518(2)) [3]. [3] The two-year time-limit for a cassation appeal appeal begins to run on expiry of the two-year time-limit for an appeal (CC 564(3)). Therefore, in the event of non-service of the judgment, the judgment becomes final after the four-year period has elapsed.
Difference between marriage and registered partnership
A civil partnership is an alternative form of permanent cohabitation. Unlike marriage, the dissolution of a civil partnership does not require a court decision or the intervention of any other authority.
With Law 4356/2015, a civil partnership can now be dissolved in the following ways:
a) by agreement of the parties, made in person by a notarial deed,
b) by a unilateral notarial declaration, provided that an invitation for consensual dissolution has been previously served by a court bailiff on the other party and three (3) months have elapsed since the service
and (c) automatically, if a marriage is contracted between the parties.
The dissolution of the cohabitation agreement shall take effect upon the filing of a copy of the notarial deed containing the agreement or unilateral declaration with the registrar of deeds where its constitution has been registered.
Αs mentioned above regarding the divorce procedure, the dissolution of the civil partnership is independent of any court procedure regarding property relationships between the parties or issues regarding children of the couple (etc. litigation regarding custody, alimony etc).
Amical divorce: Greece
Procedure / How to file/ prepare
Article 22 of Law N. 4509/2017, which entered into force on 22.12.2017, amended the provision of article 1441 of the Civil Code regarding consensual divorce, providing spouses with the opportunity to dissolve their marriage amicably before a public notary instead of applying before the court to do so.
According to article 1441 of the Greek Civil Code, as it was lastly modified pursuant to law N. 4800/2021, the spouses may, by written agreement or joint digital declaration, dissolve their marriage. The written agreement shall be drawn up between the spouses or the joint digital declaration shall be submitted by them in the presence or with the digital assistance of a lawyer authorised to act for each of them respectively. Where the agreement is in writing, it shall be signed by them and by their attorneys-in-fact or only by the latter, if they are provided with a special power of attorney. The power of attorney must have been granted within the last month before the signing of the agreement.
If there are minor children, in order to dissolve the marriage, is required that the written agreement or the joint digital declaration as per par. 1 or another agreement between the spouses, drawn up as specified in par. 1, provides for the division of parental responsibility and in particular the custody of the children, their place of residence, the parent with whom they reside, their contact with the other parent and their alimony. The above written agreement or joint digital declaration shall be valid for at least two (2) years and shall be extended automatically, unless one of the two parents declares in writing to the other parent, before the expiry of the agreed period, that he or she does not wish it to be extended.
The written agreement on the dissolution of the marriage, as well as any separate agreement on the division of parental responsibility, custody, place of residence, communication and alimony of minor children, shall be submitted by the attorneys of each spouse together with the special powers of attorney to a public notary. The drawing up of the notarial deed referred to in para. 4 shall be at least ten (10) days from the written agreement of the spouses or the joint digital declaration. The date of the written agreement of the spouses shall be evidenced by a certificate of the authenticity of their signatures. A certificate of the authenticity of the spouses’ signatures is not required in the case of a joint digital declaration.
The notary shall draw up a deed confirming the dissolution of the marriage, validate the spouses’ agreements and incorporate them into the deed. The notarial act shall be signed or approved by electronic means by the spouses and their attorneys or only by the latter, if they have a special power of attorney. The power of attorney shall be granted in the last month before the signing of the instrument. Where the deed concerns custody, communication and maintenance of minor children, the instrument shall constitute an enforceable title, provided that the provisions of Articles 950 and 951 of the Code of Civil Procedure have been included in the agreement. After the expiry of the ratified agreement, the custody, communication and maintenance of the children may be regulated for a further period of time by a new agreement and by the same procedure.
Finally, the dissolution of the marriage shall be effected by filing a copy of the notarial deed at the registry office where the establishment of the marriage has been filed, or by informing the registry office using Information and Communication Technologies
Treaties and regulations: Greece
Brussel II ter
Greece is an EU member state, so in a cross-border family situation, such as an international divorce, the Council Regulation (EC) No 2019/1111 (Brussels II ter), which replaced (EC) No 2201/2003, applies, as well as Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.
Alimony regulation etc.
Greece is also a Contracting State to the 1996 Hague Convention on Parental Responsibility and Protection of Children as well as the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 23 November 2007.
It is important to clarify that the as per above mentioned consensual divorce under Greek Law fall into the category of non-judicial divorces with the intervention of a public authority carried out in a Member State and should be included in the scope of application of the Brussels II ter Regulation for its recognition in the rest of the Member States.
Court decisions: Greece
Interim Decisions
Pursuant to article 735 of the Greek Code of Civil Procedure the court has the right to order any appropriate protective measure dictated by the circumstances to regulate the relations of the spouses from the marriage and the relations between parents and children. In particular, the court can order the relocation of one of the spouses, to determine what property the spouse is entitled to receive for his or her separate establishment, to determine the manner in which each spouse shall use the property where they reside or the furniture and utensils they share, to determine the parent to whom the exercise of parental authority shall temporarily belong, to deprive the parents of parental authority in whole or in part and to regulate matters relating to communication with the child. In cases of domestic violence, an order may be made in particular to remove the respondent from the family home, to relocate him or her, to prohibit him or her from approaching the applicant’s residence or workplace, the homes of close relatives, children’s educational institutions and domestic violence “shelters”.
Furthermore, the court may provisionally award, as a protective measure, in whole or in part, claims for a contribution to the needs of the family or maintenance.
It is important to note that as part of the interim measures procedure, the parties can also ask for the relationship between them to be regulated by a termporary order («προσωρινή διαταγή), which can be granted immediately after the filing of the application.
Marital Dwelling
According to the provision of Article 1393(a) of the Greek Civil Code, in the event of a separation, the court may, if required by reasons of clemency, in view of the special circumstances of each of the spouses and the interests of the children, grant to one of the spouses the exclusive use of all or part of the property used for their main residence (family home), irrespective of which of them is the owner or has the right to use it (right granted by the owner). It follows from that provision that the Court, in the exercise of its power to protect the family, has the right, in the event of a break in the matrimonial relationship, to grant the exclusive use of all or part of the property used as a family home to one of the spouses, after considering the children’s best interest, the financial situation of each spouse etc.
The regulation of the use of the family home, according to the aforementioned provision, is an independent and self-existent right of each spouse, which is exercised either by means of a lawsuit or an application for an interim decision as described above. The execution of the court decision is carried out in accordance with the ordinary provisions and a fine and personal detention may be threatened against the spouse who is removed from the home, for any future disturbance of the possession of the spouse remaining there.
It should be borne in mind that the relevant decision is temporary· it lasts for as long as the spouses are separated, and ceases to be valid automatically, if no request for its modification is made, after the irrevocable decision dissolving or annulling the marriage, in which case the spouses’ relations regarding the ownership, possession and use of the property, which served as the family home, are governed by the general provisions of the property law. Furthermore, in order to grant the use of the family home, the judge may determine a benefit or consideration to the other spouse, from whom the use of the property is withdrawn, taking into account the circumstances of each spouse (financial, professional, residence of common children, etc.).
However it is endorsed, that the right to stay in the family home can also be granted in cases where minor children are involved, even after the divorce or, even further, in cases where no marriage has taken place. The same right is granted in cases of a civil partnership, unless the partners have explicitly withdrawn from it in their cohabitation agreement.
Division of Assets
In Greek family law every spouse maintains his/her property autonomy, with a claim to participation in the acquisitions of the other spouse during the marriage. Community of property is a contractual property system, meaning that the spouses have to proceed with a similar contract before a public notary.
Property autonomy with a claim to participation in the acquisitions of the other spouse.
Pursuant to article 1397 of the Greek Civil Code marriage does not alter the property autonomy of the spouses. Furthermore, according to article 1400 if the marriage is dissolved or annulled and the property of one spouse has, since the marriage was realized, increased, the other spouse, if he or she has contributed in any way to the increase, is entitled to claim reimbursement of the part of the increase which is due to his or her own contribution. It shall be presumed that this contribution amounts to one third of the increase, unless it is proved that the contribution was greater or less or none at all. This applies also mutatis mutandis in the case of a separation of the spouses which has lasted more than three years. The increase in the property of the spouses shall not include anything acquired by them by donation, inheritance or bequest or by the disposal of acquisitions from these causes.
It is important to note that this claim is barred two years after the dissolution or annulment of the marriage. Furthermore, according to article 1262 CC each spouse has the right to obtain a mortgage on the property of the other spouse in order to secure his/her claim regarding the increase of property.
Community of Property
Pursuant to article 1403 CC the spouses may, before or during the marriage, defer from the application of the as per above provisions and choose by contract, for the regulation of the consequences of the marriage on their property situation, a system of community in equal shares in their property without the right of each of them to dispose of his/her ideal share (community of property system).
The contracts referred to in the preceding paragraph shall be drawn up by notarial deed and entered in the special public register kept for that purpose.
If there is no provision in the contract for the extent of community of property, community of property includes as much property as each of the spouses acquires from a non-gratuitous cause during the marriage, in addition to the income of the property they had before the marriage. The community property shall in any event not include, even if acquired by a non-gratuitous cause: 1. the property of each of the spouses intended for his or her strictly personal use or for the exercise of his or her profession and its appurtenances; 2. the claims which are strictly linked to his/her person and cannot be further assigned; 3. the rights to the products of the intellect.
Movable Property (Household Items)
The division of assets and in particular the movable property in the event of the termination of the cohabitation is currently guaranteed by Articles 1394 – 1395 of the Greek Civil Code, as in force. According to Article 1394 CC, in the event of the termination of a cohabitation, each of the spouses is entitled to receive the movable property belonging to him or her (such as furniture, clothing, household utensils etc), even if both of them or the other spouse alone were using it, but is obliged to grant the other spouse the use of the household effects which are absolutely necessary for his or her separate residence, if circumstances so require for reasons of clemency. In addition, under Article 1395 CC, in the event of the termination of cohabitation, the spouses shall divide the use of the movable property belonging to both of them according to their personal needs and, if they disagree, the division shall be made by the Court, which may also award reasonable compensation for the use granted.
Alimony
Greek family law distinguishes between the alimony that each spouse is entitled to during the separation period and after the divorce is pronounced (in case there is a court decision, it needs to be irrevocable, see above).
Alimony during separation
From the provisions of Articles 1389, 1390, 1391 and 1493 CC, it follows that the spouses have a mutual obligation to contribute jointly, each according to his or her strength, to meeting the needs of the family, and the extent of this contribution is determined by the circumstances of family life and its fulfilment takes place through personal work, the incomes and property, while, in the event of the termination of the marital partnership, the maintenance obligation, which in this case replaces the obligation to contribute, is governed by the same rules.
The extent of this maintenance obligation of one spouse from the other in the event of their separation is no longer determined by the circumstances of married life, which already exists, but, by the needs of the beneficiary spouse, as they were formed after the breakdown of the marital partnership, and the alimony in question is paid in advance in money per month. However, in order to establish a maintenance claim, either the spouse entitled to maintenance must have terminated the marital partnership for reasonable cause, as expressly provided in paragraph 1 of article 1391 A. K, or, by extension, the termination must have been caused by the spouse liable for maintenance, even without reasonable cause.
Reasonable cause for the termination of a marital partnership is any event that can justify its dissolution, regardless of the manner in which the dissolution occurs (abandonment or expulsion), and such reasonable cause may be due to the fault of one of the spouses or to joint fault.
It follows from the above that, in the event that the marital partnership has been terminated, the spouse who is liable to pay maintenance to the other is released from this obligation only when the separation occurred for reasons exclusively attributable to the person of the beneficiary, who terminates the partnership on his or her own initiative and fault and against the contrary will of the maintenance “creditor”, who wishes the partnership to continue.
Furthermore, the spouse, who is liable to pay maintenance to his/her spouse, must pay maintenance even if he/she was forced to break off the cohabitation due to the misconduct of the maintenance creditor of his/her spouse , but in the latter case, if the misconduct constitutes grounds for divorce, due to the fault of the maintenance creditor, the extent of the maintenance due is limited to what is strictly necessary for his maintenance (reduced maintenance).
Alimony after divorce
If one of the former spouses is unable to secure maintenance from his/her income or property, he/she shall be entitled to claim maintenance from the other: 1. if at the time of the divorce or at the end of the periods provided for in the following cases he/she is of an age or in a state of health which prevents him/her from taking up or pursuing a suitable occupation which would enable him/her to secure maintenance; 2. if he/she has custody of a minor child and for this reason is prevented from exercising his/her right to maintenance; 3. if he or she cannot find stable suitable employment or needs vocational training, but in both cases for a period not exceeding three years from the date of the divorce; 4. in any other case where the award of maintenance at the time of the divorce is required for reasons of clemency.
Maintenance is paid in advance in cash each month. Maintenance may be paid in a lump sum if the ex-spouses agree to it in writing or by decision of the court if there are special reasons for this.
Maintenance may be excluded or limited if there are important reasons for this, in particular if the marriage was of short duration or if the beneficiary is responsible for his or her divorce or has voluntarily caused his or her divorce. The right to maintenance ceases if the beneficiary remarries or if he or she lives permanently with someone else in a free union. The right to maintenance does not cease on the death of the debtor, but it does cease on the death of the creditor, except where it relates to a past period or to instalments due at the time of death.
Protection of the Alimony Beneficiary
The court decision obliging the other party to pay for alimony can be pronounced immediately enforceable, regardless of the exercise of any judicial remedies. The spouse claiming alimony can also ask for the judicial expenses to be covered in advance by the defendant (up to the sum of 300 euros) and in case they are not prepaid the case is heard in absentia of the defendant (namely the lawsuit is fully accepted). It is important to note as well that pursuant to article 358 of the Greek Penal Code not paying for alimony in breach of an enforceable court decision (or the agreement that has been validated by the public notary in the case of a non-contentious divorce) is a criminal offence and the alimony creditor can be arrested and led to a criminal trial at any time.
Pension
According to article 596 of the Code of Civil Procedure, in case on of the spouses dies before the decision pronouncing the divorce becomes irrevocable, the trial is considered to be ceased. The Legal Council of the State has issued respectively the no.208/2014 legal opinion, pursuant to which, in that case, the spouse remaining alive in entitled to the pension of the deceased party, even though the other one may had initiated divorce proceedings. Namely, since the death of the spouse mean the divorce proceedings is over, the spouse “left behind” is considered to be a widow/widower for the needs of pension law.
Children : Greece
Parental responsibility
In cases of divorce or annulment of the marriage or dissolution or annulment of the cohabitation agreement or termination of the cohabitation agreement, parents continue to exercise parental responsibility jointly and equally. The parent with whom the child is living can take care of day-to-day issues regarding the child’s person or property as well as emergency issues arising, after informing the other parent in advance.
The parents may, by virtue of a document of a certain date, regulate otherwise the division of parental responsibility, in particular by granting the exercise of parental responsibility to one of them, and by determining the place of residence of their child, the parent with whom he or she will reside and the way of communication between the child and the other parent.
If the joint exercise of parental responsibility is not possible because of any disagreement between the parents, and in particular if one parent is indifferent or does not cooperate or does not respect any existing agreement on the way of exercising parental responsibility or if such agreement is against the child’s best interests or if parental responsibility is exercised against the child’s best interests, either of the parents can proceed with mediation, except in cases of domestic violence as provided by law. If they disagree, the court shall decide on the matter.
The court may, depending on the case: a) divide the exercise of parental responsibility between the parents, specify how it is to be exercised or grant the exercise of parental responsibility to one parent or to a third party, b) order an expert examination or the taking of any other appropriate measure, c) order mediation or the resumption of discontinued mediation, at the same time appointing the mediator.
Relocating after separation
A change in the child’s place of residence that substantially affects the contact rights of the parent with whom the child does not reside, requires the prior written agreement of the parents or a prior court decision issued at the request of one of the parents. The court may order any appropriate measure.
Although the law does not require a final decision on the matter, meaning that the right to relocate with the child abroad can be granted even via a court decision issued in the proceedings of temporary measures, some courts hold that a final decision by the competent Family Court is required, because otherwise, a decision taken as a temporary measure may lead to the creation of a situation that cannot be changed and de facto to the final ruling of the case. It is unanimously held though that a temporary order (not the same thing with a court decision issued in the proceedings of temporary measures according to Greek Law) is not a court decision and it does not suffice for the child’s relocation.
The issue whether the contact rights of the other parent are substantially affected by the relocation is dealt in concreto by the court, based on the specific circumstances of every case. Generally, the criteria are considered to be met in a case of relocation abroad.
The court decision considers the best interests of the child, according to the specific circumstances of any singular case. Namely, the court takes into account the best interests of a particular child raised by particular parents and in specific circumstances. And the child’s best interest means that the child’s basic living needs are fulfilled, as well as the emotional and developmental needs of the particular child at the particular time.
Pursuant to article 1511 of the Civil Code any court decision of the parents concerning the exercise of parental responsibility must be in the best interests of the child, which are served in particular by the effective participation of both parents in his or her upbringing and care, as well as by the prevention of a breakdown in his or her relationship with either of them. The court’s decision shall take into account such factors as the ability and intention of each of the parents to respect the rights of the other, the conduct of each parent during the previous period and his or her compliance with his or her legal obligations, court decisions, public prosecutor’s orders and previous agreements concluded with the other parent concerning the child.
The court’s decision must also respect equality between parents and must not discriminate on the grounds of, in particular, sex, sexual orientation, race, language, religion, political or any other opinion, nationality, ethnic or social origin or property.
Voice of the child/Child Interview
Depending on the maturity of the child, the child’s opinion must be sought and taken into account before any decision on parental responsibility and the child’s interests is taken.
This is means that it is up to the judge to decide to arrange an interview with the child, and if deemed necessary, to take into account its opinion in the court’s decision. The interview is taking place without any parents, lawyers or other professionals present and what the child discusses with the judge remains private, in the sense that there are no minutes of the meeting neither the judge has to mention what the child said in his/her decision.
Parenting Plan/ Care arrangement, international visitation schedule
Although the practice of parenting plans and care arrangements or international visitation schedules is not well established in Greece, as already mentioned, in cases of divorce or annulment of the marriage or dissolution or annulment of the cohabitation agreement or termination of the cohabitation agreement, parents continue to exercise parental responsibility jointly and equally.
The parents may also, by virtue of a document of a certain date, regulate otherwise the division of parental responsibility, in particular by granting the exercise of parental responsibility to one of them, and by determining the place of residence of their child, the parent with whom he or she will reside and the way of communication between the child and the other parent.
This means that parents are encouraged to figure out without the court’s intervention the way they are going to exercise shared custody and the everyday care of the child (including its visitation schedule). This can be also the product of a mediation process.
Alimony
Both parents whether they are married and cohabiting, or whether the cohabitation has been interrupted or a divorce has been granted, have a common and proportionate obligation to support their minor child, even if he or she has property, but the income or the product of his or her work or other income is not sufficient for his or her support. In all the above cases the measure of maintenance shall be determined on the basis of the needs of the beneficiary as they arise from his or her living conditions and shall include the expenses necessary for his or her maintenance and education in general. Living conditions means the specific living conditions, which vary according to the age, place of residence, the need for supervision and education and the state of health of the beneficiary, together with the debtor’s financial situation. In order to determine the amount of maintenance to which the child is entitled, the income of the parents from any source is assessed in principle and then the needs of the child are determined, the decisive element being the child’s living conditions, i.e. his/her living conditions, without, however, satisfying unreasonable claims.
In cases of termination of the parents’ cohabitation, divorce or annulment of their marriage, and in the case of a child born out of wedlock, each of the parents may exercise the child’s maintenance claims against the other parent or a third party. This latest amendment is pursuant to the L.4800/2021 establishing shared custody, and practically it means that both parents can claim alimony for the time they spend with the child, leading in most cases into a “set-off” of the opposite claims between parents.
Same sex marriage / registered partnership: Greece
Article 3 of Law N. 5089/2024 has amended Article 1350 of the Civil Code on the conditions for marriage, which now reads as follows: “Marriage shall be contracted between two persons of different or the same sex. Marriage requires the agreement of the intending spouses. Such declarations shall be made in person and without condition or time limit”. This article guarantees the much sought-after equality in marriage in Greece, following Law N. 4356/2015, which introduced to same-sex couples the possibility to form registered partnerships.
The question that arises is what happens to marriages already performed abroad. Article 9 of the bill provides that “Marriages of Greeks that were performed abroad with persons of the same sex before the entry into force of the present law in accordance with the law of the place where they were performed shall be deemed to be valid from the moment they were performed in accordance with the provisions in force, unless: a) At least one of the spouses has in the meantime entered into a new valid marriage, b) The non-existence of the marriage had already been recognised by an irrevocable decision of a Greek court, c) The marriage has been dissolved in any way or annulled. Decisions of foreign courts which have dissolved or annulled a marriage considered invalid under the previous law shall be recognised in accordance with the relevant provisions”.
At the same time, this article deals with the case of Greek residents abroad who, since their marriage was not recognised in our country, entered into a cohabitation agreement under Greek law in accordance with the provisions of Law No. 4356/2015. These couples will be able within one year from the entry into force of the law to dissolve their marriage and register this dissolution at the registry office, if they wish the civil partnership to remain active. Otherwise, the contract will be deemed never to have been concluded and the persons will be treated as having entered into a marriage.
Although it is to be expected that most of these couples will wish to be recognised as married in Greece, the regulation is relevant for couples who may wish to be recognised as married in Greece through a civil partnership under Law No. 4356/2015 seek the application of the special regulations of Greek law for their registered partnership relationship, such as the possibility for one of them to waive the right to maintenance already at the time of the conclusion of the agreement etc.
Legal aid: Greece
Each parent can apply for legal aid, if the required financial standards are met.
Blogs about Greece
Pre-nuptial agreements in Greece: And yet it happens (?)!
In Greece there are several ways to make pre-nuptial agreements between spouses before or during the marriage. Foreign pre-nuptials can also be of importance in divorce proceedings in the Greek court. Family lawyer Elias Yiannatsis explains.
Case law in Greece
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