Lawpractice

Amicable divorce

The dissolution of a marriage can be achieved through the process of an amicable divorce, provided that both parties agree on matters such as custody, child support, communication with their minor children, issues regarding their shared property, etc.

Each party is represented by a lawyer (it is no longer possible for both parties to be represented by the same lawyer), and a court decision is no longer required, as the process is finalized before a notary public with the issuance of a notarial deed. This process is based on the drafting of a private agreement, which is signed by both parties and it is significantly faster compared to the previous framework or to contested divorce proceedings.

A contested divorce should chosen only when no other option exists (i.e., when the parties are unable to reach an understanding). This is because it is a much slower and, compared to an amicable divorce, more expensive process for dissolving a marriage through the courts. It can prove to be emotionally taxing for both parties and, in cases involving minor children, may not be the most beneficial approach for their psychological and physical development.

Moreover, multiple court cases with similar subjects may be required, e.g., one for the dissolution of the marriage, another for child custody, another for the naming of children (if they are not yet baptized), another for visitation rights of one parent, another for the visitation rights of the grandparents, another for child support, another for the division of assets, and possibly others for criminal offenses. All these can be avoided with an amicable divorce if the parties agree on everything.

The private agreement through which the parties agree on matters related to the dissolution of their marriage is typically a subject of negotiation between the parties and their lawyers and it resolves all pending issues between them. Consequently, while in a contested divorce the court decides on all the above-mentioned matters (such as child custody), in an amicable divorce, these issues are settled by the parties themselves.

Upon signing the private agreement by the parties (signature authentication can take place at a Citizen Service Center), it is then ratified by a notary public, and the agreement becomes irrevocable and enforceable. In cases involving minor children, the deed becomes enforceable only when the agreement includes the provisions of Articles 950 and 951 of the Code of Civil Procedure. Alternatively, the parties and their authorized lawyers may submit a joint digital declaration ("digital amicable divorce") through gov.gr.

Required documents for the issuance of an amicable divorce include the marriage certificate (issued by the Registry Office or Citizen Service Center), a family status certificate (issued online or at a Citizen Service Center), and a copy of both parties’ identification cards.

The divorce can be issued by a notarial deed before a notary public ten days after signing the private agreement. If the parties are unwilling or unable to meet, they can grant special authorization to their lawyers through a specific power of attorney, allowing them to sign the private agreement on their behalf and finalize the process before the notary. In such cases, the special power of attorney must be signed no more than one month before signing the private agreement and completing the process.

The private agreement and the notarial deed dissolve the marriage. However, issues regarding child support, custody, or communication with minor children are not settled permanently but for two years. After two years, a new agreement is required to adjust these matters to any new circumstances whatsoever (e.g., an increase in child support due to growing needs, a decrease in the income of the parent paying support, etc.).

In cases of religious marriage, one of the spouses submits a request to the Prosecutor to issue an order for the spiritual dissolution of the marriage. The Prosecutor’s order, along with a copy of the notarial deed of dissolution, is then submitted to the relevant Diocese of the church where the marriage took place to complete the declaration of dissolution. In conclusion, the dissolution of the marriage is recorded in the appropriate Registry Office, which can also be notified using information and communication technology.

Our office undertakes negotiations for drafting the private agreement and all related procedures; moreover, we collaborate with notaries who handle the completion of the process for issuing an amicable divorce.