Our family lawyers in Greece are specialized in providing in most legal matters regulated by the Greek Family Law. This area of law refers to any legal matter that can arise from family dynamics, starting from marriage to divorce. Family law can apply since two persons get married (through civil marriage or through traditional marriage) and it regulates matters concerning the rights and the obligations of the spouses.
If you are interested in finding out more details on Greek family law you can address our team of Greek lawyers.
| Quick Facts | |
|---|---|
| Legislation regulating family law | The main rules of law concerning family matters derive from the Civil Code and the Code of Civil Procedure. |
|
Branches regulated by the law |
Marriage, divorce, international marriages, custody, matrimonial property, etc. |
|
Divorce law |
The Civil Code (Articles 1438-1441) |
| Grounds for getting a divorce | Consensual divorce (both parties agree to divorce) and contested divorce (on grounds such as adultery, bigamy, desertion, separation) |
| How long does the divorce procedure take? |
A consensual divorce can be completed in less than 1 month. A contested divorce (for which the parties will need the assistance of family lawyers in Greece) can take up to 1 year, but the law does not specify a statutory limit for this procedure. |
| Existence of divorce fee (yes/no) |
Yes |
| Who charges the divorce fee? |
In consensual divorces, the fees are charged by local notaries. In contested divorces, the fees are imposed by the competent courts (family lawyers in Greece also charge fees for legal representation). |
| Can foreigners get married in Greece? |
Yes |
| Basic conditions to get married in Greece |
Have an age of minimum 18 years old, provide evidence of not being married by the authorities of other states, have a valid identification document, submit the original birth certificate, have 2 witnesses (basic conditions for civil marriage). |
| Where can civil marriages be held? | At the local municipality where the one spouse (or both) has his/her habitual residency or at a venue of choice. |
| Laws protecting children’s rights |
Law 2101/1992, UN Convention on the Rights of the Child (UNCRC) |
| What is the definition of a child according to the Greek laws? |
A child is a minor with an age below 18 years old. |
| Is there an age limit for child maintenance? |
18 years old |
| How can child maintenance be established? |
In accordance with the rules of the Greek Civil Code, Articles 1485-1500 |
| Can a parent appeal a child maintenance decision? | Yes (our family lawyers in Greece can provide the necessary legal support). |
Table of Contents
What does the Greek family law regulate?
Some of the basic legal matters that fall under the supervision of the Greek family law are the following:
- marriage;
- adoptions;
- paternity disputes;
- prenuptial agreements;
- legal separation and divorce (which, in Greece, is of two kinds – contested and uncontested);
- other legal matters arising in the eventuality of a divorce, regardless of its type.
The characteristics of the uncontested divorce in Greece
As said above, there are 2 ways to divorce in Greece. The uncontested divorce in Greece (or the divorce by mutual consent) represents the simplest way to terminate a marriage, provided that the parties agree on the conditions of the divorce. The advantage of this procedure is that it is completed in front of a public notary. It also benefits from a straightforward formality, saving time and money for those involved.
The marriage is dissolved by signing an agreement, in which the main aspects of their divorce are established and agreed upon. Even though this represents a simpler procedure, we highly recommend you request legal assistance from our family lawyers in Greece, so that you can make an informed decision on the legal implications of the document.
Provided that all the papers are submitted in due time by meeting all the legal requirements, the mutual consent divorce can be completed in only 2-3 weeks. You can rely on our team of attorneys in Greece for the submission of the paperwork.
Legal aspects established during a divorce
Regardless of the type of divorce couples will enter to, the procedure will establish judgments for a variety of matters. Our Greek lawyers present below some of the aspects that can appear during the dissolution of the marriage:
- child custody (there are different types of custody recognized in Greece);
- child alimony;
- the visitation rights of the parent who does not live with the children after the divorce is finalized;
- spouse support (in certain cases, one spouse can have the obligation to provide financial support to the other spouse after the divorce).
Of course, our team of lawyers in Greece can assist two divorcing parties in all the aspects regarding the division of the couple’s assets and properties; the procedure will be done in accordance with the stipulations of the law and the particularities of the case.
It is important to know that, before starting the divorce procedure or any other proceedings that can arise when two spouses do not get along, our family lawyers in Greece will start by proposing mediation as a way of resolving any conflict.
Persons who are going through a divorce and will eventually have to split the assets of the family, including properties, can contact our team for legal representation.
How to get married in Greece
The Greek law allows both local citizens and residents to get married in civil ceremonies. It is also possible to get married as a foreigner who does not have his or her residency in Greece. The procedure is bound by the submission of a set of documents and by age requirements (all applicants must have an age of at least 18 years old at the moment when the papers are submitted).
Foreigners must prepare certified translations in Greek for their documents, excepting for their passport. Besides this document, they need to present the following:
- the birth certificate, with an official apostille;
- a document which states that the person is free to get married;
- where applicable, documents which show that a previous marriage has been terminated (through annulment, divorce, the death of the previous spouse);
- the couple must also publish, in a local newspaper, a marriage announcement, in which they show their intent to get married in Greece – a copy of the announcement must be added to the file.
The event will take place at the City Hall or at a venue chosen by the couple, where the participation of a representative of the City Hall is required. Our lawyers in Greece can offer legal support to foreigners who want to get married in this country.
It is also possible to get married by completing a religious ceremony – the main religions available in Greece are: Greek orthodox, protestant, roman catholic, Jewish. In some cases, individuals may need to present papers attesting the person’s religion, but in general, spouses will be asked for their marriage certificate issued by the Greek authorities.
What are the main legal acts applicable to the Greek family law?
There are several legal acts that prescribe the legal framework for marriage and the dissolution of a marriage in Greece. Some of the acts prescribe the rights and the obligations of the party, while others prescribe the legal procedures that have to be followed by the parties and which can be enforced with the assistance of our law firm in Greece.
For instance, the basic rule of law regarding marriage and matrimonial aspects is the Greek Civil Code (Book IV). All the procedures regarding this are given by the Code of Civil Procedure (Book IV). Other basic rules of law that refer to the Greek family law are the following:
- the Presidential Decree 391/1982 regarding the civil marriage in Greece;
- the Law 590/1977, prescribing the Charter of the Greek Orthodox Church;
- the Law 4356/2015, which prescribes the cohabitation agreements of partners;
- the Law 3719/2008, referring to the family and the children;
- if a divorce takes place, the law (given by Article 22 of the Code of Civil Procedure) stipulates that the legal procedure will be held in the One Member Court of First Instance.
According to the law in Greece, a divorce can be held in a Greek court if one of the spouses is a Greek national; the Greek court has full competence on the case even in the situation in which the Greek national has his or her habitual residence in another country. The same applies even in the case in which the Greek national has never lived in Greece, as per the Article 601 of the Code of Civil Procedure.
Couples who have lived together under a civil partnership, which is recognized in Greece, are not required to address to a local court in the event of a dissolution of the civil partnership.
Our lawyers have expertise in representing clients in front of local courts, as well as in providing legal counselling in any steps that can happen before addressing the court.
Please address our family lawyers in Greece if you need more details on any matter regulated by the family law. Our Greek law firm can assist you and can represent you in front of local courts if you will need to divorce in Greece. We invite you to contact us if you need other legal civil legal services (immigration, inheritance, tax consultancy; we can also help you buy a house in Greece).