7 October 2022 admin 0 Comments

With the adoption of Law 4509/2017 and in particular under Article 22, amending the provisions of the Civil Code regarding the consensual divorce was amended. Now, spouses wishing to solve their marriage consensually are not addressed to court, but marriage is solved by a notarial act, before a notary, in the presence of the two spouses' lawyers.

Despite the clear differences in relation to the previous "regime" introduced by this undoubtedly new arrangement of Greek legislation, the point is that consensual divorce remains the simplest, faster, economical and less psychotic way. A marriage that, among other things, leads to the uniform treatment of all outstanding issues between spouses (custody of children, communicating with them and their diet) and their smoother transition to their new chapter of life, with multiple benefits above. Of all for their own children and their frame of mind. It is therefore clear that because of all these inherent advantages of consensual divorce (compared to the divorce with dispute), any lawyer who assumes a corresponding case should primarily push his order, provided that there is a decision to solve his decision, in this direction of consensual divorce.

As to the new process of issuing consensual divorce, it should first be noted that at least semester duration of the wedding is required before divorce. Also, this is still one of the big differences in relation to the prevailing fair, the spouses who wish to move on to the consensual solution of their marriage cannot be represented by the same attorney Lawyers for their representation.

Lawyers will draw up the private agreement, with which spouses will declare their desire to solve marriage, while at the same time necessarily regulating the issues of custody, communication and nutrition of minor children, if they exist, for a period of at least two (2) years. The private agreement is signed either by the spouses themselves before the Secretariat of the Criminal Court of the notary's headquarters who will draw up the notarial act, with the secretariat certifying the genuine signature of the spouses and the signature dates, or by the attorneys. If they have been granted special power of attorney, within the last month before the agreement is signed. Also, the private agreement can be signed by spouses and attorneys together. In any case, it does not require a view of the signing of the spouses' attorneys, whether they sign the private division agreement equipped with the specific attorney of their clients, or sign it together with their clients.

After at least ten (10) days after the signing of the private agreement, their spouses and their attorneys submit the private agreement before the notary, who draws up the notarial deed of the marriage, with which confirms the solution of marriage, validates the other agreements of the spouses (on custody of children, communicating with them as their diet) and incorporates them, if they are equipped with a special attorney. The power of attorney must have been given in the last month before signing the act. Where the certificate concerns the custody of the underage children, the act is an enforceable title, provided that the provisions of Articles 950 and 951 of the Code of Civil Procedure have been included in the agreement. Upon expiry of its validated agreement under the above valid agreement, which is at least two years, with a new agreement and the same procedure may regulate the custody of the children, communication with them and their nutrition for a further period.

In case the wives' marriage was religious, then each of them, as a legal interest, may file an application before the competent Prosecutor of the Court of First Instance, requesting the issuance of a prosecution order for the spiritual solution of the marriage, Co -submitting a copy of the notarial deed of marriage. Subsequently, the request with the Public Prosecutor's Office and the copy of the marriage notarial deed are contacted in the Holy Metropolis to which the Holy Temple belongs to the marriage. Upon receipt of the divorce from the competent metropolis, a copy of the notarial deed of the marriage will also be deposited with the competent registry, where the marriage was registered in order to declare it, now, its solution. This is the last stage with which the wedding solution is typically.

The only documents that spouses need to provide throughout this process, in addition to their identities that must have with them when signing the private divorce agreement and the marriage notarial deed are the marriage certificate and a copy of the registrar. Marriage Act, which are also granted by the Customer Service Center.

All of us here undertake to help you handle this process, being your help and companions at this difficult stage of your life.

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