Consensual divorce in Greece

The Consensual Divorce in Greece

A consensual divorce is a legal procedure for quickly and amicably dissolving a marriage based on the mutual agreement of both spouses.

Unlike a contested divorce, it does not involve a court trial. Instead, each spouse is represented by their own lawyer and the divorce is finalised by signing a notarial deed. This agreement must cover issues such as parental custody, visitation rights and child maintenance if there are children, as well as any financial or property arrangements.

In Greece, a consensual divorce is mainly regulated by:

• Articles 1438–1441 of the Greek Civil Code: These articles cover the grounds and procedures for divorce, including the consensual divorce option.
• Greek Code of Civil Procedure (Κώδικας Πολιτικής Δικονομίας)
• Law 4509/2017 (ΦΕΚ Α’ 201/22.12.2017): This law reformed the procedure for consensual divorce. It established that the divorce is concluded by notarial deed, signed by both spouses and their lawyers, instead of requiring a court decision.

A consensual divorce can usually be completed within weeks, making it a faster, less expensive and less stressful process than a contested divorce.

Required documents

As consensual divorce is a notarial procedure, lawyers and notaries must have the correct documentation to draft and finalise the agreement.

Some of the main documents usually required are:

• Marriage certificate (Ληξιαρχική πράξη γάμου), issued by the Civil Registry where the marriage was registered.
• Family status certificate (Πιστοποιητικό οικογενειακής κατάστασης), which proves the family composition (spouses, children, etc.).
• Birth certificates of children (if any), needed to arrange custody, visitation, and child support in the divorce agreement
• Identification documents, national ID card or passport of each spouse.
• Lawyer Powers of Attorney, to allow the lawyer to represent the spouse in signing the divorce agreement.
• Divorce Agreement drafted by the lawyers

If there are property issues or prenuptial agreements, related documents may also be required.

Costs and Timeline of a Consensual Divorce in Greece

A consensual divorce is designed to be faster and more affordable than a contested divorce. The entire process usually takes two to four weeks, depending on how quickly the agreement is prepared and the notary appointment is arranged.

Once the spouses and their lawyers have prepared and signed the divorce agreement, a mandatory waiting period of at least 10 days must elapse before the final act can be executed. The agreement is then signed before a notary, who issues the notarial deed dissolving the marriage.

Once the divorce has been registered with the civil registry, it is officially completed.

Overall, the cost of a consensual divorce in Greece is significantly lower than that of a contested divorce, which can last for years and incur substantial legal fees.

The total cost varies depending on the lawyers’ and notary’s fees.

• Lawyers: Each spouse must have their own lawyer. Fees vary, but are generally lower than for contested divorces since the process is straightforward and does not involve lengthy court hearings.
• Notary: The notary charges a fee for drafting and registering the divorce deed, which is usually a few hundred euros.
• Other administrative costs: Minor expenses may arise for official copies and registry fees.

Consensual vs. Contested Divorce: What’s the Difference?

To put things in perspective, it is helpful to compare consensual and contested divorce.

The table below outlines the main differences between the two processes in terms of procedure, requirements, duration and cost.

The Role of Lawyers in a Consensual Divorce in Greece

In Greece, lawyers are legally required to be present for a consensual divorce. Each spouse must be represented by their own lawyer, authorised through a special power of attorney signed before a notary. This ensures that the interests of both parties are safeguarded independently throughout the process.

The lawyers’ primary responsibility is to draft the divorce agreement. This document formalises the spouses’ decision to end their marriage and, where applicable, sets out arrangements relating to parental custody, visitation rights and child maintenance. If the spouses wish, the agreement can also address financial or property issues. It is the lawyer’s role to ensure that all terms comply with Greek family law and that the agreement is fair, enforceable and clear.

Beyond drafting, lawyers guide their clients through the notarial procedure. They accompany the spouses to the notary’s office to sign the notarial deed that finalises the divorce. In certain cases, lawyers may sign on behalf of their clients if authorised to do so.

Finally, lawyers oversee the completion of formalities such as registering the notarial deed with the Civil Registry (Ληξιαρχείο) to ensure that the dissolution of the marriage is officially recognised. They may also provide follow-up support with related legal or administrative matters.

In essence, the lawyer’s role in a consensual divorce is to ensure that the process is lawful, transparent and protects the spouses’ rights while keeping the procedure straightforward and efficient.