If you face trouble in your marriage and things don’t seem to work out for you, you can file for a divorce in Greece. You do not need to worry about it; we have gathered all the details in the guide below. This will make the whole process easy for you.
You will still need to contact an attorney, as we do not offer legal advice.
Statistics On Divorce In Greece- Is Divorce Standard In Greece?
In recent years we have seen a decline in marriages in Greece overall. It fell from 8.9 to 4.4 per thousand people, a trend was seen in all of Europe. Marriages in Greece are overall successful, according to the statistics.
The divorce rate increased from 0.4 to 1.8 per thousand people, which is about 0.18%. This means that people have been getting divorced here in recent years.
Reasons For Divorce In Greece
To get a divorce, one has the option of getting a divorce by consent or a contested divorce. For a contested divorce, one must have a reason. These typically include:
- Alcohol and drug abuse
- Domestic violence
- Lack of intimacy
- Drifting apart
Who Can Get A Divorce In Greece?
You can file for divorce if you have been married for six months or more. There are two types of divorce here in Greece: contested and by consent. There is no concept of legal separation here.
Conditions For Divorce In Greece
Under Greek law, a separation time of at least two years is a sufficient reason for a couple to get divorced because of a breakdown. The conditions for obtaining a divorce depend on what type of divorce you are getting, i.e., consent or contested.
In a divorce by contest, there is a breakdown of the marital relationship so that the judges are assured that there is no reason to believe the marriage can continue successfully. There is a presumption of a breakdown that the respondent can dispute in case of adultery or an attempt on the applicant’s life by the respondent. If both involved people have been separated for more than four years, they can be separated even if the cause of the breakdown was the applicant themselves.
In another case, if one of the spouses is missing or presumed dead, the other may file for a divorce.
In these cases, the spouse can only keep their partner’s name if they have gained fame and recognition with it; otherwise, people usually revert to their original surname. The properties are divided amongst both spouses. If one refuses to hand over possession, the other can bring an action that involves the law. If they are minors, the children can be assigned to one or both parents. This can also be done in portions, or the children can go to a third party. There also might be an obligation to pay maintenance to the other spouse.
In a divorce by consent, both spouses agree to split and dissolve the marriage between them. This involves a written agreement written and signed by both spouses. The lawyers can also do this if they have been given the right to do so. The couple must be married for at least six months in this situation. The whole process mentioned above is sufficient if there are no minor children. But if there are any, this agreement must be accompanied by a written agreement between both parties, which tells about the custody of children and their communication with them.
What Is The Process Of Divorce In Greece?
A divorce begins with the spouses agreeing to live separately to see if some time apart will improve things. If this does not help the situation, either one of them can submit a petition for divorce to the family court. The spouse that applies for divorce is the one that has to pay the fees for the divorce. The court will serve this petition to the other spouse, who will agree or disagree.
The whole process can be carried out on good terms if they agree. The custody of children can also be decided amongst both parents, along with the division of property and household. This saves time and money in court. The divorce appointment is the next step. This usually takes about 10-15 minutes. This will include the judge asking both sides questions regarding their marriage and then will announce the ruling.
How Long Does A Divorce Take In Greece?
A contested divorce takes a lot of time and is much more complicated. The spouses may need to wait for at least three years for the dissolution of their marriage. The spouse that wants a divorce has to apply for a lawsuit beforehand. The hearing takes place within a year of applying, and so makes, the decision usually. The losing side has 30 days to appeal the decision to the Appeal Court. This hearing is approximately six months from the appeal and can only be postponed once.
How Much Does It Cost To Get A Divorce In Greece?
The new procedure for divorce by consent is more expensive than the proceedings in court. The notarial fee is added to the expenses. Each spouse has to pay a fee to the lawyer for legal advice, representation before the notary, and an overview of the divorce agreement.
You may also have to pay a fee for the spiritual dissolution of marriage if yours took place at a temple, along with other minor costs that add up. The total costs can go up to 750 euros or more depending on what fees apply to your case.
The introductory rate of lawyers is three times the net income of both spouses which might at well be 12 000 euros.
Can You Stay In Greece After The Divorce?
This might be subjective according to your circumstances, so you should consult your lawyer. The basics rules are that if your residence permit is based on your contract at your work, then this won’t affect your stay here. If your permit is based on your marriage to a Greek or EU citizen, your stay in Greece depends on how long you have been married.
If it is more than three years, you will be able to stay in Greece for another year. If not, you might be asked to leave the country on short notice. There are exceptions, according to your case, of course.
These are all the legalities involved in the whole divorce process in Greece. Yes, they may seem like a lot and expensive, but it is so here by law. The process might be complicated according to your situation and reasons for filing for divorce. Especially if you have children, then divorce is never easy. This is why separation is recommended first before you get a divorce.