
Divorce – Express
Divorce is the law of the land - an express end to the long delays in the courts of first instance.
State law express divorces through a notary, finally the many months of delays in the Courts of First Instance.
Law 4509/2017 was published “Measures for the treatment of persons who are released from punishment due to mental or intellectual disorder and other provisions” (Government Gazette A 201 / 22-12-2017) brings about changes in basic legislation concerning Consensual Divorce. A basic condition is that the couple has decided by consensus to proceed with the dissolution of the marriage and to have regulated and agreed on the issues of custody of their minor children. In a very short time with the presence or not of the ex-spouses, since the interested parties are not allowed to be present in the notarial deed, but to authorize their lawyers, the dissolution of a marriage is now a matter of a few hours. The most important changes: Power of attorney for lawyers must be given within the last month before the agreement is signed.
– The written agreement of the two parties for the dissolution of the marriage and the arrangement of custody are submitted to the notary at least 10 days after the agreement.
– The notary draws up an act certifying the dissolution of the marriage, ratifies the agreements of the spouses and incorporates them in it. Following are the required signatures from the spouses or only their lawyers (if they have a power of attorney).
– After the expiration of the ratified agreement, the custody, communication and maintenance of the children for a further period can be regulated by a new agreement and by the same procedure.
– The following is the submission of a copy of the notarial deed to the registry office, where the marriage has been registered.
– In case of a religious marriage, its dissolution is ordered by the competent Prosecutor of the Court of First Instance, at the request of the interested parties, which is accompanied by the notarial deed.
The application with the order of the prosecutor is co-submitted to the Holy Diocese, to which the church where the wedding took place belongs. This stage is mandatory for the spiritual dissolution of the marriage.
– By the same law, anyone who violates the maintenance obligation so that the beneficiary is deprived or forced to accept the help of others, is punished with imprisonment of up to one year.
Finally, anyone who intentionally does not comply with the agreement ratified by the notary on the issue of communication with minor children, is punished with imprisonment of at least six months.
The Relevant Provisions as amended by the new law 4509/2017 Civil Code – Consensual Divorce
Article 1438 of the Civil Code is replaced by the following: “Article 1438 The marriage may be dissolved by divorce, which is pronounced by an irrevocable court decision or by agreement between the spouses, as defined in Article 1441.”.
Article 1441 of the Civil Code is replaced by the following: “Article 1441
1. Spouses can dissolve their marriage by written agreement. This agreement is concluded between the spouses in the presence of a power of attorney for each of them and is signed by them and their attorneys or only by the latter, if they are provided with a special power of attorney. The power of attorney must have been given within the last month before the signing of the agreement.
2. If there are minor children, in order for the marriage to be dissolved, their custody, communication and alimony must be regulated, by the same or another written agreement between the spouses, signed as defined in paragraph 1 and valid for at least two (2) years.
3.a) The written agreement for the dissolution of the marriage, as well as the agreement for the custody, communication and maintenance of the minor children are submitted by the attorneys of each spouse, together with the special attorneys to a notary. b) The preparation of the notarial deed of paragraph 4 of this article is at least ten (10) days away from the written agreement of the spouses, the date of which is proved by a certificate of authenticity of the signatures of the spouses from the Registry of the Justices of the Peace of the notary will draw up the notarial deed.
4. The notary draws up an act certifying the dissolution of the marriage, ratifies the agreements of the spouses and incorporates them in it. The notarial deed is signed by the spouses and their attorneys or only the latter, if they are provided with a special power of attorney. The power of attorney must have been given within the last month before the deed is signed. When the certificate concerns the custody, communication and maintenance of the minor 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. After the expiration of the ratified agreement, the custody, communication and maintenance of the children can be regulated for a further period with a new agreement and with the same procedure.
5. The dissolution of the marriage occurs by submitting a copy of the notarial deed to the registry office where the marriage was registered. “
6. The provision of the previous paragraph 5 does not cover the applications already submitted to the courts, which are heard in the procedure that was in force at the time of their submission.
7. In case of a religious marriage, its dissolution is ordered by the competent Prosecutor of the Court of First Instance, at the request of the person having a legal interest, which is accompanied by a copy of the notarial deed. The application with the order is submitted to the Holy Diocese to which the holy temple where the wedding took place belongs. The spiritual solution of marriage is obligatory “.
Code of Civil Procedure – Interim Measures Paragraph 6 of Article 686 of the Code of Civil Procedure is replaced by the following:
«6. In the procedure of precautionary measures in the single-member court of first instance or in the court of peace, the additional intervention and the opposition can be exercised orally. “
Penal Code – Violation of the maintenance obligation and the communication agreement Article 358 of the Penal Code is replaced by the following:
“Article 358 Violation of the maintenance obligation and the communication agreement 1. Whoever maliciously violates the maintenance obligation imposed on him by law and has recognized, even temporarily, by the court or arises from an agreement ratified by the notary during the article 1441 of the Civil Code, in such a way that the beneficiary suffers deprivation or is forced to accept the help of others, is punished with imprisonment of up to one (1) year. 2. “Anyone who intentionally does not comply with an agreement ratified by a notary under Article 1441 of the Civil Code and concerns the communication of minor children, shall be punished by imprisonment of at least six (6) months, unless the act is punished more severely by another provision.”
Source:e-nomothesia.gr