Consensual Divorce

Divorce is defined as the process of dissolution of the marital bond, which occurs when the spouses live together on the initiative of either one of them or both. The will of the spouses is of course not sufficient by itself, but obeys specific legal procedures determined by the particular rules of the state that establish the grounds for divorce.

In the Greek legal order, the following ways of dissolving a marriage are provided for: divorce, contested divorce and consensual divorce, while the possibility of issuing a non-material consensual divorce has now been included. Specifically, article 1438 of the Civil Code states that marriage can be dissolved by divorce, which is pronounced by an irrevocable court decision or by agreement between the spouses, as defined in article 1441.

Divorce by mutual consent

Divorce by consent is the dissolution of the marriage by written agreement between the spouses. The consensual dissolution of marriage is independent of considerations as to the existence or non-existence of shock and is based on the basic condition of an express and specific agreement of the spouses for divorce. This agreement is neither a presumption of shock nor an independent reason for divorce, but is simply an element that leads to another way of divorce which corresponds to the dissolution of marriage based on private autonomy.

Issuing a consensual divorce is the simplest, fastest and most economical way to dissolve a marriage. With the new procedure for issuing a consensual divorce introduced by Law 4509/2017, the authority for the dissolution of marriages was transferred from the Courts to the notaries and, therefore, the marriage is no longer dissolved by a court decision, but by a notarial deed.

Specifically, the marriage dissolution process is as follows:

Article 1441 par. 1 of the Civil Code stipulates that spouses can dissolve their marriage by written agreement or by joint digital statement. The written agreement is drawn up between the spouses or the joint digital statement is submitted by them in the presence or with the digital participation of a proxy attorney respectively for each of them. When the agreement is in writing, it is signed by them and by their attorneys, or only by the latter, if they are equipped with a special attorney. The power of attorney must have been given within the last month before signing the agreement.

In addition, in case there are minor children, article 1441 par. 2 sets as a necessary condition for the dissolution of the marriage the regulation of parental care and in particular custody, communication, place of residence, the parent with whom they will live and alimony which must be done with the written agreement or the joint digital statement of par. 1 or with another agreement between the spouses with which the spouses agree and regulate exclusively the above matters. The agreement concerning minor children has a duration of at least two years and is automatically extended.

Further according to article 1441 par. 3 the written agreement on the dissolution of the marriage, as well as any separate agreement on the distribution of parental care, custody, place of residence, communication and maintenance of minor children, are submitted by the attorneys of each spouse together with the special powers of attorney to a notary public and the preparation of the notarial deed is at least ten (10) days away from the written agreement of the spouses or the joint digital declaration. The date of the written agreement of the spouses is proven by certification of the authenticity of their signature. Certification of the original signature of the spouses is not required in the case of submitting a joint digital statement.

Subsequently, according to article 1441 par.4, the notary draws up a deed certifying the dissolution of the marriage, validating the agreements of the spouses and incorporating them into it. The notarial deed is signed or approved by electronic means by the spouses and their authorized attorneys or only the latter, if they are equipped with a special attorney. The power of attorney is given in the last month before signing the deed. When the certificate concerns the custody, communication and maintenance of the minor children, the act is an enforceable title, as long as the provisions of articles 950 and 951 of the Code of Civil Procedure have been included in the agreement. After the validity of the ratified agreement expires, custody, communication and maintenance of the children can be regulated for a further period of time with a new agreement and with the same procedure.

The dissolution of the marriage occurs in accordance with paragraph 5 of article 1441 by filing a copy of the notarial deed at the registry office where the institution of marriage has been filed, or by informing the registry office using IT and Communications Technologies.

Therefore, summarizing the stages for issuing a consensual divorce are as follows:

1) Agreement of the spouses on the dissolution of the marriage and matters concerning minors

2) Communication with a lawyer, different for each spouse.

3) Drafting of the agreements by the lawyers and subsequent signing of them by the interested parties either in person or through a special power of attorney document

4) Compilation of a notarial deed of dissolution of marriage which is at least ten (10) days from the signing of the agreements

5) Spiritual solution in case of religious marriage.

6) Registration of the dissolution of the marriage at the registry office.

Disputed divorce

The uncontested divorce exists when the couple does not agree on the dissolution of the marriage and includes two procedures for the dissolution of the marriage, on the one hand, the divorce due to a strong shock to the marital relationship (article 1439, paragraphs a', b' of the Civil Code) and on the other hand, the divorce due to two years of separation (article 1439 section 3 of the Civil Code).

Divorce Due To A Strong Shock Of The Marriage

In the case of a divorce due to a strong shock to the marriage, each of the spouses can file a lawsuit in the competent local court for the issuance of a divorce decree if two conditions are met in order to give rise to the right to divorce, i.e. a shocking reason or an event concerning the person of the defendant or both two spouses and a shock to the conjugal relationship - due to the shock event - so strong that its continuation is unbearable for the plaintiff. The legislature introduces rebuttable presumptions of marital breakdown in the cases of bigamy or adultery of the defendant, desertion of the plaintiff or intent on his life or the exercise of domestic violence against the plaintiff or the children.

Divorce Due to Two Year Distance

In case divorce due to a two-year separation the issuance of a divorce decree can be requested if the spouses have been separated continuously for at least two years, even if the reason for the separation concerns the person of the plaintiff. It is sufficient to invoke and prove the two-year dimension, the proof of the existence or non-existence of the shock element being indifferent. The legislator in this case introduces an irrefutable presumption of breakdown of the conjugal relationship and, consequently, an independent ground for divorce.

At our law office, we respectfully and confidentially take on all issues related to the immediate and bloodless issuance of a divorce and efficiently regulate further issues of alimony, communication and custody.