07 Feb Consensual Divorce – Process and Required Documents
A consensual divorce is one of the most amicable ways to dissolve a marriage in Greece. The spouses jointly decide to end their marriage, avoiding lengthy and often distressing court battles. The legislation, particularly following the amendments of Law 4509/2017, provides a fast and efficient framework that facilitates a smooth and less stressful process. This article will outline the procedure, required documents, and key aspects you need to know.
What is a Consensual Divorce?
A consensual divorce is based on the mutual agreement of both spouses to dissolve their marriage without disputes. There is no search for fault or responsibility. Instead, it focuses on the orderly resolution of matters such as parental responsibility, child custody, child support (if applicable), and the division of assets. This process not only saves time and costs but also ensures a civilized separation while fully safeguarding the rights and interests of each client, with an emphasis on security and the fulfillment of their needs.
Legal Framework and Procedure
Under Law 4509/2017, consensual divorce no longer requires a court ruling but is finalized through a notarial deed. The procedure includes the following key steps:
- Consultation with a Lawyer
Spouses consult their lawyers, who oversee the process and ensure compliance with legal requirements. - Drafting of the Private Agreement
The lawyers draft a private agreement that includes:
– The dissolution of the marriage by mutual consent.
– The regulation of parental responsibility, custody, child support, and visitation rights.
– Any financial or property-related arrangements.
- Signing of the Agreement and Notarial Deed
Once the agreement is signed by the spouses (with certified signature verification) or their lawyers (via a notarized power of attorney), a 10-day waiting period follows. After this period, the notarial deed dissolving the marriage is signed before a notary public, with the presence of either only the lawyers (with a notarized power of attorney) or both the spouses and their lawyers.
Required Documents
For the consensual divorce process, the following documents are required:
– Marriage Certificate
– Family Status Certificate
– Identity Cards or Passports & Tax Identification Numbers (TINs)
– Birth Certificates of Children (if applicable)
– Documents related to assets (if necessary)
Duration and Cost
The most crucial and time-consuming stage in the process is the private agreement. Once the spouses agree on the terms and sign the agreement, a 10-day waiting period follows. After this period, the process proceeds to the notary public for the signing of the notarial deed, thereby officially concluding the marriage dissolution. Having multiple notary options available is important to expedite the process. Costs include lawyers’ fees, the notary’ s fee, and any translation expenses (if foreign documents are involved).
The Role of the Lawyer
A lawyer is not merely a mediator but a key figure guiding the entire process. They handle negotiations, draft agreements, and legally safeguard their client’s interests. In cases of disagreements, they work towards solutions that ensure a fair and sustainable settlement. Thanks to their expertise and specialization, they ensure a smooth process without unnecessary delays.
Our Law Firm
Our law firm has extensive experience in family law, providing clients with reliable legal support. We are here to guide you through every stage of the process, ensuring that all legal matters are handled correctly and efficiently. We collaborate with experienced and efficient notaries to ensure the swift and seamless completion of your divorce, without unnecessary delays. If you require professional and reliable legal assistance, contact us for a specialized and immediate solution.
Conclusion
A consensual divorce is the fastest, smoothest, and most cost-effective way to dissolve a marriage in Greece. With the right legal guidance and the collaboration of specialized professionals, the process can be completed efficiently and without complications. If you seek a secure, professional, and fast resolution, our team is here to provide you with the best possible service.
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