18 Feb Consensual Divorce
Article 1441 of the Civil Code
Spouses may dissolve their marriage by written agreement or joint digital statement. The written agreement is drafted between the spouses or the joint digital statement is submitted by them, in the presence of or with digital collaboration of an attorney representing each spouse respectively. When the agreement is in writing, it is signed by the spouses themselves and their authorized attorneys or only by the latter, provided they have a special power of attorney. The power of attorney must be granted within the last month before signing the agreement.
If there are minor children, the marriage can be dissolved only if the written agreement or joint digital statement of paragraph 1, or another agreement between the spouses as defined in paragraph 1, regulates the distribution of parental care, specifically the custody of the children, their place of residence, the parent with whom they reside, their communication with the other parent, and their maintenance. The aforementioned written agreement or joint digital statement is valid for at least two (2) years and is automatically extended unless one of the parents notifies the other in writing, before the expiry of the agreed time, that they do not wish to extend it.
a. The written agreement for the dissolution of the marriage, as well as any separate agreement for the distribution of parental care, custody, place of residence, communication, and maintenance of minor children, are submitted by each spouse’s attorneys along with the special powers of attorney to a notary. b. The drafting of the notarial act of para. 4 occurs at least ten (10) days after the written agreement of the spouses or the joint digital declaration. The date of the spouses’ written agreement is proven by a certification of the authenticity of their signatures. Certification of the authenticity of the spouses’ signatures is not required in the case of a joint digital statement submission.
The notary drafts an act that certifies the dissolution of the marriage, validates the agreements of the spouses, and incorporates them into it. The notarial act is signed or approved through electronic means by the spouses and their attorneys or only by the latter if they are provided with a special power of attorney. The power of attorney is given in the last month before the signing of the act. When the certification concerns custody, communication, and maintenance of minor children, the act constitutes 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 expiry of the validity of the ratified agreement, custody, communication, and maintenance of the children can be regulated for a further period with a new agreement and using the same procedure.
The dissolution of the marriage is effected by depositing a copy of the notarial act at the registry office where the marriage was registered, or by notifying the registry office using Information and Communication Technologies.
Karpouzis – Lianou & Associates Law Firm
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