DIVORCE IN GREECE: BY MUTUAL CONSENT OR BY JUDICIAL PROCEDURE

Divorce in Greece is carried out in accordance with the provisions of the Civil Code and can take place in two main ways: by mutual consent of the spouses or through judicial proceedings in the event of a dispute. The choice of procedure has significant practical implications, as it directly affects the duration, costs, and future relations between the spouses, especially when minor children are involved.

Divorce by Mutual Consent

Divorce by mutual consent is the fastest and least contentious way to terminate a marriage. Its key requirement is the presence of mutual and voluntary agreement between the spouses, not only to dissolve the marriage but also to settle all legal consequences arising from the dissolution.

The spouses, with the assistance of their lawyers, enter into a written agreement confirming their intention to dissolve the marriage. If the spouses have minor children, the agreement must include provisions regarding:

• The arrangements for parental custody;

• The children’s place of permanent residence;

• The arrangements for the other parent’s contact with the children;

• The amount and method of child support payments.

  
  

After the legally required period is completed, the agreement is certified by a notary and formalized as a notarial deed, which has the legal force of a document confirming the dissolution of the marriage. Subsequently, this deed is registered with the civil registry authorities.

In practice, divorce by mutual consent allows for a significant reduction in the procedure’s duration, minimizes financial costs, and avoids the emotional strain of a court dispute. For this reason, this method is recommended in cases where the spouses are still able to engage in constructive dialogue.

Divorce Through Judicial Proceedings

If the spouses are unable to reach an agreement, the marriage is dissolved through judicial proceedings. The basis for such a divorce is a substantial breakdown of the marital relationship, making the continuation of the marriage impossible. The court examines the totality of the circumstances, which may include prolonged separation of the spouses, serious conflicts, as well as other facts indicating the actual breakdown of the family. The procedure begins with the filing of a petition for divorce with the competent court of first instance.

During judicial proceedings, evidence is examined, and the parties and witnesses are heard, after which the court issues a decision either granting the divorce or dismissing the petition. Frequently, related disputes, such as those concerning child custody, alimony, and other family law matters are resolved simultaneously.

It should be noted that a judicial divorce generally requires more time and financial resources and is accompanied by higher levels of conflict, which can negatively affect both the spouses and the children.

Regardless of the chosen method of divorce, legal representation plays a key role. A lawyer not only ensures compliance with all procedural requirements but also helps determine the optimal strategy, protects the client’s rights, and, where possible, helps avoid unnecessary court conflicts. A well-structured legal approach is particularly important in cases involving children, alimony, and other long-term obligations, the consequences of which extend far beyond the divorce procedure itself.

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