Legal Framework
- Greek Civil Code
- Code of Civil Procedure
- Specific amendments since December 2017 for notarial divorce
Competent Authority
Two options depending on type of divorce:
- Courts (for contested divorce)
- Notaries (for consensual divorce – only option since December 2017)
Access Requirements
For Contested Divorce:
- Irretrievable breakdown of marriage must be proven, which is:
- Automatically proven if spouses lived separately for over 2 years
- Otherwise, proven by plaintiff – Presumptions include: bigamy, adultery, abandonment, domestic violence
For Consensual Divorce:
- Both spouses must agree to divorce (each represented by different lawyer)
- If minor children involved, must submit agreement valid for at least 2 years on:
- Parental care
- Child’s residence
- Contact with non-resident parent
- Child support
Procedure
- Contested Divorce (Court):
- Filed before single member Court of First Instance
- Marriage dissolved when court decision becomes irrevocable
- Claims about property, maintenance not mandatory
- Consensual Divorce (Notarial):
- Written agreement or joint digital declaration (Additional agreement for children if applicable)
- Notary draws up deed and validates agreements – Parties and lawyers sign deed – No control of children’s best interests; no guarantee children will be heard
- Marriage dissolved upon filing