Consensual Divorce (Law 4509/2017): A Simplified Explanation

Who can apply for a consensual divorce?

Men and women who can legally marry can also apply for a consensual divorce.

How does the process begin?

Agreement: The spouses sign a written agreement for the divorce and any issues of child custody, visitation, and maintenance.

The agreement can be signed:

• Directly by the spouses with their lawyers present.
• Only by the lawyers with special power of attorney from each spouse.

Ratification: The agreement is ratified at the Court of Peace.

What if there are children?

In the case of children, the agreement must regulate their custody, visitation, and maintenance.

The agreement is valid for a minimum of 2 years, unless the children become adults earlier.

How is the notarial deed drawn up?

Required documents:

• Spouses’ agreement
• Completed 10 diaries from the ratification of the agreement
• Certified copies of lawyers’ powers of attorney
• Marriage certificate
• Certificate of family status
• Lawyers’ advance payment slips

Signing: The deed is signed by the spouses (or their lawyers) and the notary.

Filing: The deed is filed with the Registry Office.

When is the marriage dissolved?

The marriage is dissolved from the date of filing the notarial deed with the Registry Office.

What about the religious marriage?

If a religious marriage has been performed, the lawyer:

• Requests from the Prosecutor the spiritual dissolution of the marriage.
• Receives the relevant document from the Metropolitan and files it with the Registry Office.

Enforceability of the agreement for children:

The agreement for children in the deed constitutes an enforceable title for any future disputes.

Important:

The presence of a lawyer on both sides is mandatory.

For detailed information and legal advice, please consult a lawyer.