Our divorce lawyers in Greece offer their legal services to couples who have decided to permanently separate through a divorce. Given that we know a divorce generally represents a sensible moment in the life of the spouses, our lawyers will try to handle the case with utmost care, especially in the case where minor children are involved.
| Quick Facts | |
|---|---|
| Divorce law in Greece | The Greek Civil Code, the Family Law |
|
Types of divorces recognized in Greece |
Divorce by consent and contested divorce |
|
Institutions where divorces can be held |
A divorce decision can be granted by the Greek courts, following a court ruling – for contested divorces. Divorces by consent can be completed through a notary public, as per the rules of the Law 4509/2017. |
| Initiation of the divorce procedure |
The divorce procedure can be initiated by one of the spouses in the case of a contested divorce or by both spouses in the case of a divorce by consent. For the latter, both spouses must submit a written agreement. |
| Can Greek institutions handle foreigners’ marriages? (yes/no) |
Yes |
| Situations when courts can dissolve foreigners’ marriages |
– if one of the spouses is a Greek citizen; – if the defendant is a Greek permanent resident; – if the foreign spouses have had their last habitual residence in Greece, prior to deciding to divorce. |
| Financial obligations of a spouse after the divorce |
Financial support for the couple’s minor children (below 18 years old) and/or financial support for the spouse (there are several scenarios for the latter, and our divorce lawyers in Greece can present them). |
| Maintainance rights and obligations |
– a spouse can claim maintanace from the other one if the first doesn’t have a sufficient income to sustain his/her basic needs (for food, utilities, rent, etc.); – maintainace rights can be granted to a spouse who takes care of a minor child; – it can also be granted to a spouse who can’t find employment – the obligation of the other one to pay maintainance in this case is limited to 3 years after the divorce; – other reasons established on a case-to-case basis by the competent court. |
| What are the legal reasons for divorcing in Greece ? |
– common consent; – absence of one of the spouses from the marital home; – disruption of the marital bond, on grounds such as adultery, bigamy and others. |
| Types of custody |
Joint custody is the primary type of custody recognized in Greece. Physical custody is generally granted to one of the parents, but both parents can receive physical custody. |
| Alimony obligations |
Alimony rights derive from the Articles 1442, 1485, 1494 of the Greek Civil Code and on a case-to-case basis. |
| Division of assets |
The assets acquired prior to the marriage are treated as separate property, while those acquired during the marriage will be disputed during the divorce. |
| Mandatory legal representation (yes/no) |
No, but it is highly recommended to receive legal assistance from our divorce lawyers in Greece, especially in the case of a contested divorce. |
| Services offered by our lawyers when divorcing in Greece |
Our divorce lawyers in Greece prepare the documentation required for the divorce, advise on the most suitable approach, represent clients in front of local courts and assist in any type of legal formality. |
| Minimum period of marriage before requesting a divorce | 1 year (divorce by consent), 2-4 years (For contested divorces, the minimum time varies based on the ground for which a party has filed for divorce.) |
The divorce procedure will be done in accordance with the provisions of the Greek divorce law; there are several sources of law which provide the legal framework under which a divorce can be carried out here. Please mind that same-sex marriages are not recognized in Greece, therefore, such couples will have very limited rights upon the separation. If you are interested in knowing more on this subject, our team of lawyers in Greece invite you to read the following article.
Table of Contents
What is the law regarding Greek marriage and divorce?
Currently, the Greek legal framework which refers to marriage, marriage rights, the rights and the obligations of the spouses, reasons for divorcing and the procedures applicable in the breakdown of a marriage are given by several laws. In the list below, you can find the primary sources of law applicable for a Greek marriage and divorce:
- the Book IV of the Greek Civil Code prescribes the main rules regarding matrimony;
- the Law 344/1976 prescribes the rules for the registration of the civil situation of a person;
- the Law 4356/2015 presents the legal framework for cohabitation agreements;
- matters concerning the family life and the welfare of the children are to be found in the Law 3719/2008;
- where one of the spouses is a foreigner, the rules of the Rome III Regulation (1259/2010) are recognized in Greece.
Please mind that in Greece, in the event in which a marriage breaks down, the only option that is recognized by the law is the divorce. Currently, Greece does not apply the legal separation, which is recognized in other countries and which implies that the parties are temporarily separated from a legal point of view, but still married and not divorced.
Those who want to divorce in Greece will have to opt for either the divorce by consent or for the contested divorce, depending on the circumstances in which the spouses terminate their marriage. The divorce by consent is done with the approval of both parties, while the contested divorce refers to the legal procedure through which a party starts the divorce procedure even in the case in which the other spouse does not approve.
According to the Greek divorce law, there are few reasons for which a spouse (or spouses) can start the divorce procedure – adultery, bigamy, the desertion of the family home, the absence of a spouse or by common consent. Our Greek law firm can advise on the legal procedure spouses can start for each one of the above mentioned reasons to divorce.
What is the divorce trend in Greece?
Just like in the rest of Europe, in Greece one can observe the fact that more and more people choose to divorce, while the marriage rate is also gradually declining. Although there are European countries where the marriage rate is slightly increasing, this is rather the exception and not the rule. When we refer to the divorce in Greece, the following are available:
- according to the data presented by Eurostatfor 2019, Greece had 4.4 marriages per 1,000 inhabitants (compared to 8.9 marriages per 1,000 inhabitants in 1964)
- with regards to the divorce rate, it was observed that there were 1.8 divorces per 1,000 inhabitants in 2017 (compared to 0.4 divorces per 1,000 inhabitants in 1964);
- however, even though the marriages are declining and the divorce rate is increasing, most of the children in Greece are born from married coupled (87% of the births, for data registered in 2019);
- although Greece stands in line with the European trends on divorce and marriage, with regards to children born inside the marriage, it ranks as the 1st country (in comparison, in France 61% of the children are born from parents who are not married);
- in 2017, the number of civil ceremonies was larger than the one of religious ceremonies (the first accounted for 25,163 events, while the latter, for 24,975 events).
If you consider starting the divorce procedure and you have children, please address to our Greek lawyers for information regarding the steps you should follow for custody and other matters that refer to their safety and upbringing. We can also offer information on the overall cost of divorce in Greece. Please contact our law firm in Greece for any further information that you may have on this matter, as well as for advice on how our Greek lawyers can represent you in the court.
If you want to start a divorce procedure in Greece and you are interested in the law concerning the division of assets, please contact us. Our lawyers can help you in assessing your rights if you need to divide a real estate property.
Our team can also help you if you want to buy a property in Greeceafter you settle the conditions of your divorce, especially if you obtain the custody of children.