What is a cohabitation agreement?
A COHABITATION AGREEMENT (Σύμφωνο συμβίωσης [symphono simviosis]) is an alternative way of legalising a relationship between adults, other than religious or civil marriage.
How is a cohabitation agreement concluded and when does it comes into force?
The agreement is signed by the parties in the presence of a notary and is a certified document. Like a religious or civil marriage, the agreement comes into force when a copy of it is deposited at the registry office of the couple's place of residence.
Who can sign a cohabitation agreement?
A cohabitation agreement may be signed by persons who are at least 18 years old and have full legal capacity. The agreement can be signed by couples of the same sex as well as couples of the opposite sex.
Who is not legally entitled to enter into a cohabitation agreement?
Anyone under the age of 18.
Anyone who has already entered into another religious or civil marriage or cohabitation agreement with another person and the marriage or previous cohabitation agreement has not yet been dissolved.
Those who are related by blood up to the fourth degree.
It is also forbidden to enter into a cohabitation agreement between an adoptive parent and an adopted child.
What are the rights and obligations of the parties to a cohabitation agreement?
According to the law, the rights and obligations in a personal relationship between the parties to a cohabitation agreement are the same as in a religious or civil marriage, while property relations may be regulated according to the wishes of the parties (right of inheritance, right to commun property, maintenance, etc.).
Is there a right of inheritance between those who enter into a cohabitation agreement?
The law provides the right of inheritance between the parties, but the parties can waive this right in the agreement.
Do the parties to the cohabitation agreement change their surnames and what will the surnames of any children born be during the cohabitation?
The surnames of the parties to a cohabitation agreement do not change, but each party may use the surname of the other as they wish, provided that the other party consents. The surnames of the children are provisioned within the cohabitation agreement. The children's surname may be the surname of one or both parents.
How does a cohabitation agreement end?
A cohabitation agreement is terminated in the following cases:
a) by a termination agreement, drawn up by a notary and signed by both parties in person,
b) by a notarised declaration by one of the parties.
In case (b), the party who wishes to unilaterally terminate the cohabitation agreement is deemed to have previously asked the other party to terminate the agreement amicably, but the other party either refused or did not respond.
The drafting of the text that will form the cohabitation agreement, which will then be notarised, is done by a lawyer who will ensure that your interests are protected. The lawyer will provide you with full and detailed information about your rights and obligations under the law and, taking into account your wishes, will draw up an agreement that will protect you from unforeseen consequences in the future.
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