How to divorce in Greece?
Mutual consent divorce is based on the parties’ agreement and there is no requirement to invoke any specific ground for its issuance. It is issued swiftly and involves lower costs for the parties, compared to contested divorce, while at the same time, other pending issues are settled (matrimonial property issues, maintenance obligations as well as parental responsibility). As regards the latter, in the case of a minor child, spouses are required to reach an agreement as regards arrangement of parental responsibility and especially custody, residence, parent with whom the child will stay, communication with the parents and child support. The divorce process is undertaken by a lawyer for each party and a notary. The divorce agreement (as well as any other arrangement of the other incidental issues) is incorporated into a written agreement signed by the parties and their lawyer or a respective digital statement in case the digital procedure is opted for. The written agreement or the digital statement, ten days after its conclusion/issuance, is thereafter submitted to the notary who ratifies it (along with any arrangement of any other incidental issue) and verifies the divorce by way of issuing a notarial act. From the registration of the notarial act in the competent registry office, the marriage is considered dissolved.
On the other hand, contested divorce means that the parties do not agree on their divorce, which is then issued by way of a court decision and only after all judicial remedies are exhausted, i.e. the decision ruling the divorce becomes irrevocable.
What are the most common reasons that spouses may invoke?
Reason for divorce is only required in contested divorce. Getting divorced requires the plaintiff to prove that irretrievable breakdown of marriage for reasons attributed to the other spouse or both divorcing parties has occurred, leading to the continuation of the marital relationship being unbearable for the plaintiff. Such breakdown of marriage is established especially in case of : a) bigamy, b) adultery, c), desertion, d) plotting against other spouse’s life, e) domestic violence.
Breakdown of marriage is irrefutably presumed in case the spouses’ separation lasted at least two years.
How long does it take to divorce in Greece?
Mutual consent divorce may be issued within 12 days. On the other hand, contested divorce may take from 1 and a half year to over 3 or more years, depending on judicial remedies exercised (appeal, act of annulment) following the first instance court decision.
What types of evidence can be used when divorcing?
Within the ambit of the contested divorce procedure, an oral hearing takes place (at least before first instance court) where witnesses as well as expert witnesses may testify. Written evidence may also be submitted.
What other family life aspects are settled once with the divorce?
In the event of mutual consent divorce, parties may voluntarily settle issues related to matrimonial property and maintenance obligations, whereas in case of a minor child, they are required to settle issues related to parental responsibility and especially those of custody, residence, parent with whom the child will stay, communication with their parent(s) and child support. Those issues will have to be incorporated into a written agreement which will afterwards be validated by notary as mentioned above in more detail.
On the other hand, in the event of contested divorce, all the above issues cannot be settled within the same court procedure with that of divorce and parties may lodge separate action for the settlement of any further issue.
In particular:
Matrimonial property: It is governed in principle by the principle of autonomy unless the parties subject themselves voluntarily to the system of joint ownership. As aforementioned, spouses may, though are not required to, settle matrimonial property issues within the ambit of divorce. According to the Greek Civil Code, if the marriage is dissolved or annulled and the property of one spouse has increased during the marriage, the other spouse, if he contributed in any way to this increase, is entitled to demand the return of the part of the increase which comes from his own contribution. It is presumed that this contribution amounts to 1/3 of the increase, unless it is proven that it was greater or less or no contribution at all. The previous paragraph applies mutatis mutandis in the case of separation of the spouses which lasted more than three years.
Maintenance obligations (to spouse): A spouse may file a lawsuit for award of maintenance obligation by the other spouse. As aforementioned, spouses may, though are not required to settle issue within the ambit of divorce.
Maintenance obligations (to child) – Child Support: As aforementioned, spouses shall settle the issue in the case of mutual consent divorce when the child is minor, whereas in the event of contested divorce, the parent who enjoys custody will have to file lawsuit on behalf of the child for the award of maintenance obligation by the other parent.
Parental responsibility: Parental responsibility (which includes custody, administration of child’s property and representation of child in any matter, transaction or litigation that concerns the child or the child’s property) is in principle a right and obligation of both parents, who must exercise it jointly, conscientiously, co-deciding on all the key issues concerning the socially conscious development of the child’s personality. Specific elements of parental responsibility however and in some cases parental responsibility itself, will have to be settled in case of divorce. In the event of termination of the marital cohabitation or in case of contested divorce, the issue will be settled by recourse to Court. In the case of mutual consent divorce and the existence of a minor child, the spouses shall settle the issue and especially custody, residence, parent with whom the child will stay, communication with their parent(s) and child support, by way of a written agreement which is then validated by notary as aforementioned. Primary criterion is the interest of the child.
It shall also be mentioned here, that family disputes concerning regulation of parental responsibility, custody of the children or parent with whom they will live, place of residence of the children, communication of the children with the parent who does not live with them, as well as with other relatives, maintenance obligations and matrimonial property, fall under the obligation of the initial informational mediation by a session, coordinated by a mediator, before filing a lawsuit and such cases can be finally resolved by mediation, without the need of having a Court decision in that case.
What kind of temporary measures concerning children can be ordered during divorce proceedings in Greece?
Within the ambit of the same Court procedure with the divorce case, no other issue may be settled. The parties may file separate lawsuit and/or petition for injunction measures as well as interim order, under which the court may order measures regarding parental responsibility, custody, child’s residence, parent with whom the child will live, the other parent’s right to communicate with his/her child, and child support.
Is presence necessary when divorcing?
In case of contested divorce, the case is heard before the single-member Court of first instance, where the parties have to be personally present or represented by a lawyer provided by a special Notarial Power of Attorney.
In case of mutual consent divorce, each spouse may provide a notarial power of attorney to their lawyers who shall sign then within one month the written agreement providing for the divorce as well as any other incidental issues and may afterwards appear before notary and sign the notarial act which validates the above agreement(s).
In case a parent lives in another EU State, is that an obstacle for joint custody?
In the case of mutual consent divorce, parties may freely decide on the issue. In the case of contested divorce and subsequent litigation pertaining to the matter, a Greek Court will assign custody to the parent with whom the child will live. Nevertheless, the other parent shall enjoy the right to have a personal relationship and direct contact with their child, even if they live in different countries. The parent’s right to communicate with the child shall not be hindered. Lastly, even if custody is awarded to one parent, Greek law provides that for important matters such as those related to naming the child, religion, health and unless in case of urgency or for simple everyday issues, both parents shall decide upon. Also, in case of relocation that will significantly hinder the other parent’s right of communication, both parties shall decide in written or else a Court ruling is required. Lastly, in the event the joint custody is ruled by another EU Member State’s Court, such decision is enforceable in Greece.
How can a parent living abroad keep in touch with his child?
The ways in which a child communicates are varied and may include a personal meeting of parent and child, which may include the parent’s conversation and general interaction with the minor child, the parent’s visit to the child’s home, their joint outing for communication, his entertainment, the child’s overnight stay at the parent’s house, the joint holidays. A parent living in another state can keep in touch with his/her children by visiting them at their residence, by taking them to stay with him/her or spent holidays together. The place of communication of children is determined based on the age of the child, the quality of the relationship with the parent and the general real circumstances on a case-by-case basis. A rebuttable presumption of the child’s physical contact time is established, at 1/3 of the total time. A shorter or longer contact time may be set on a case-by-case basis.
How can a divorce resolution issued in Greece be acknowledged in another European State?
A divorce or legal separation order issued in one EU country is automatically recognized in the other EU countries based on Brussels IIb Regulation (which does not apply in Denmark, though the latter is party to HCCH Convention on the Recognition of Divorces and Legal Separations 1970 (Divorce Convention)). Their enforcement is facilitated by a standard procedure.
May 2025
Disclaimer: this article is provided for informative purposes and shall not be perceived as legal advice.
