Greek law does not include in the prerequisites the settlement between the couples regarding their property. Of course in practice the property settlement agreement seems to be the most important for the couple. Actually since such arrangement may contain confidential information regarding the financial status of the spouses, it is drafted as a separate agreement.
c) Notarial deed
The aforementioned written agreements a) and b) ought to be signed in the presence of the lawyers representing the two parents. The relevant documents can be signed either by both spouses and their lawyers or only by their lawyers, as long as the latter are authorized with special notary proxy. This authorization should be granted strictly a month before the signing of the above mentioned agreements, otherwise the mandate is not considered as valid.
Especially, regarding the agreement a) (the dissolution of marriage), when signed by the spouses, the law requires the latter to have their signature verified as authentic by the Secretary of the competent Peace of Court, in order the agreement to bear certain date.
All the above agreements, as well as the notary proxies, should be filed by the lawyers of the spouses to the notary. The notary is obliged by law to compile the legal deed which will include both agreements a) and b) at least ten (10) days after the certified date of the agreement a). This is because Greek law requires a mandatory short waiting period before the divorce is finalized. The rationale behind the waiting period is for the couple to reflect and probably reconsider their decision.
The notarial deed can be signed either by both divorcing parties and their lawyers or only by their lawyers, as long as the latter are properly authorized as mentioned above.
The marriage is considered as dissolved with the filing of the above notarial deed to the register office, where the marriage was declared.
In case the couple is married in a religious ceremony, is any additional action required?
Yes, in this case the spouses have to file to the competent register office:
- The notarial deed for the dissolution of the marriage;
- The certificate by the competent Metropolis of the Orthodox Church, that the religious marriage has also been dissolved.
What are the prerequisites for contested divorce and how long it takes?
It is certain that a contested divorce is more complicated, time-consuming and expensive. A contested divorce basically means that the two divorcing parties are not willing to agree on their divorce issues. Therefore, the court is asked to put an end on this dispute and regulate any aspect of the divorce that is contested by one or both spouses. According to Greek law a marriage is considered to be dissolved when the court judgment becomes irrevocable, that is, when no judicial remedies (ordinary or extraordinary) can be exercised against it. Given that, the spouses may have to wait at least for three (3) years for the dissolution of their marriage. The party that wants to get a divorce has to file a lawsuit before the competent court. The hearing is expected within 12 months and a decision within 1 year (taking into account that the hearing may be once postponed). The losing party has 30 days from the serving of the decision to appeal before the Appeal Court. This hearing is set approximately 6 months following filing, and may be postponed once. A decision is expected within 1 year (taking into account that the hearing may be postponed once). The losing party has 30 days from the serving of the decision to appeal before the Supreme Court. In this case the hearing is set approximately 8 months, and may postponed one. A decision is issued approximately 8 months following the hearing (taking into account that the hearing may be postponed once).
Each spouse can file for a divorce lawsuit before the competent court if:
- The breakdown of the marriage has occurred due to reasons that refer to either the respondent or to both spouses;
- The continuation of the marital relationship has become unbearable for the plaintiff;
- In case of bigamy the marriage is considered to be void and can be annulled;
- Moreover, adultery, abandonment of the plaintiff, plotting against the plaintiff’s life by the respondent or domestic violence against the plaintiff are solid causes for an irretrievable breakdown of marriage.
The procedure for a contested divorce is much easier when the spouses have separated for at least two years (in a row). Separation means that there is a physical and emotional detachment of the spouses along with the fact that neither party wishes to live under the same roof any longer. During this time any effort from the spouses to restore their relationship does not have any effect on suspending the two year separation and as a result, when this period of time is over the breakdown of the marriage, is considered as a non-rebuttable fact.
Could I have a divorce easier and more quickly if I had a pre-nuptial agreement?
Greek law does not provide for pre - nuptial agreements. According to Greek law, there are two systems regulating the financial status of spouses:
- A system which regulates the division of property, according to which the assets that each spouse has obtained before or after the marriage remain separate: individual property.
- A system which regulates common property, according to which the spouses are entitled to an equal division (50% for each spouse) of any assets acquired during or before the marriage. However, the spouses avoid opting for such system and it remains only on a theoretical basis.
The general rule is that the assets of each spouse remain separate, individual property with the following exception described in the next paragraph.
If during marriage the property of a spouse has increased, but the couple do not share any bank accounts and do not co-own any real estate property, does the other spouse have any right to that property?
As mentioned above, the default matrimonial property regime in Greece is the system of a separation of assets, where the assets that each spouse has obtained before or after the marriage remain separate, individual property. However, in case the marriage is dissolved and the property of one of the spouses has increased during the marriage, then the other spouse, as having contributed in any way to that increase, has the right to claim a percentage of the increased assets that comes from his or her contribution. According to Greek Law there is a rebuttable presumption that this contribution amounts to one – third of the increase, unless higher or lesser contribution is proved.
Such claim can be brought before competent court after three years of separation have elapsed, or within two years following the irrevocable dissolution of the marriage. The above rule does not apply to any money or any possession acquired by the spouse as a gift from third parties, inheritance, or bequest.
What Greek courts accept as contribution of the other spouse?
Greek law recognizes as contribution, any kind of support of the other spouse. For example, financial support, housekeeping along with the upbringing of the children, help in the spouse’s business, psychological support etc.
What can be done by a spouse to secure their right on acquisitions?
According to Greek law each spouse has the right (even during the marriage) to put the other spouse’s real estate property under mortgage, in order to ensure that the latter will not sell their property, before the former is able to raise their claim regarding the contribution to the increase of the fortune of the other spouse. Moreover, in case the procedure for the divorce has commenced, each of the spouse has the right to ask for a guarantee from the other party or proceed to preliminary measures, in order to prevent the selling of all or part of the property before the marriage dissolution procedure is completed.
In case of a divorce, which party is entitled to maintenance?
Spousal maintenance refers to the case when one spouse is obliged by law to support financially the other spouse. Although there is no automatic entitlement to spousal maintenance after a divorce, the court is obliged to consider the possibility that one party is in need for some financial support. In this case the court has to decide on how much and how long.
According to Greek law, in a case a spouse has not the necessary means to secure their maintenance; he/she is entitled to ask for maintenance by the other spouse for the following reasons:
- in case he/she is not capable to work (due to his/her age or health condition etc.);
- in case he/she has the custody of a child and for that reason he/she is not able to work;
- in case he/she cannot find a stable work or he/she needs for a professional training for a certain period, which cannot exceed three years from the issue of the divorce;
- reasons of equity may compel the maintenance of the other spouse.
In case a couple decided to get a divorce but the house where they used to live with their children during their marriage belongs 100% to one of them, is it possible for the other party to keep staying there with their children?
In case the spouses are separated, but the marriage has not been dissolved yet, the court - if the spouses disagree - may allow for reasons of equity (i.e. unemployment of a spouse, for the interest of the children etc.) to the spouse, who is not the owner, to continue to stay in the house (called as “family home”).
If a spouse wants to get a divorce immediately but the other party disagrees, is it possible for the former to take the children and leave the house?
In this case there is a risk the other spouse will file for divorce on the grounds of abandonment which can lead to the possibility the divorce to be issued in his/her favor. Usually, the spouse proceeds to preliminary measures in order to be allowed by the court to leave the house.
What happens in cases of a marriage with foreign elements? Which law applies? What are the main requirements for local courts to have jurisdiction in relation to divorce?
Regulation (EC) 1259/2010 provides for multinational spouses to choose the law that will apply to their divorce or legal separation procedure, under the condition that the selected law is the one the couple has the closest connection with.
In the absence of choice, divorce and legal separation shall be subject to the law of the State:
- where the spouses are habitually resident at the time the court is seized; or failing that
- where the spouses were last habitually resident, provided that the period of residence did not end more than 1 year before the court was seized, in so far as one of the spouses sill resided in that member state at the time the court is seized; or failing that of which both spouses are nationals at the time the court is seized; or failing that
- where the court is seized.
How does the term habitual residence apply in relation to divorce?
Domicile as a legal term refers to a person’s intention of residing in a place permanently or indefinitely in terms of creating personal bonds and establishing a career in this place. Habitual residence is mostly concerned with the corpus element (that is, where the individual actually is) and in which place usually stays without taking into account the duration of stay.
Are foreign divorces recognized by Greek courts?
Yes, if the following conditions are met:
- the foreign divorce judgment has the force of an irrevocable judgment, in the sense that it is not subject to any kind of legal remedy before a higher Court (including Supreme Court), such as appeal, cassation, judicial review etc;
- No divorcing party has deprived of his/her right to defend himself or herself, and, generally, to participate in the trial;
- The content of the judgment is not contrary to Greek moral values or to public order.
In case Regulation 2201/2003 (EC) applies, a divorce judgment made in one member state, and against which no further appeal lies under the law of that member state, can be recognized in another member state without any special procedure.
