Termination of a Civil Partnership

How Can a Civil Partnership Be Terminated?

 

The termination of a civil partnership is regulated by Law 4356/2015 and is generally governed by procedures more flexible than those applicable to marriage. It is a matter of particular importance in the context of modern forms of family cohabitation and concerns an increasing number of couples who choose a civil partnership as an alternative to marriage. Greek legislation recognizes four distinct legal avenues for the dissolution of a civil partnership:

 

• Termination by Mutual Agreement The simplest and most direct method of termination is by mutual agreement. At any time, the partners may jointly decide to end the partnership. This requires the physical presence of both parties before a notary public, who will draw up and execute a notarial deed of termination. This deed must then be submitted to the registry office (Lixiarcheio) where the civil partnership was originally registered, so that the legal effects of the termination are enacted, and the relevant registries are officially updated.

 

• Unilateral Termination of the Civil Partnership If one of the two partners wishes to dissolve the partnership without the other’s consent, they are entitled to do so unilaterally. The process begins with the service of an official invitation for mutual termination via a judicial officer (bailiff). If three (3) months pass from the date of service without any response or agreement, the interested party may then appear before a notary to sign a unilateral notarial deed of termination, accompanied by proof of service. This deed must be registered with the relevant registry office. From the moment of registration, the civil partnership is deemed legally terminated. This legal provision introduces a “notice period,” enhancing legal certainty in the termination process.

 

• Automatic Termination Due to Marriage If the same two individuals enter into marriage (civil or religious), the civil partnership is automatically terminated without the need for any further action. The termination is effective from the date of the marriage, and it is not legally possible for both a marriage and a civil partnership to coexist between the same persons. Moreover, if one of the partners intends to marry a third party, the civil partnership must first be terminated, as it is not legally permissible to have two simultaneous valid forms of family cohabitation.

 

• Termination Due to Death The final case of termination occurs automatically upon the death of one of the partners. The death of one cohabitant brings about the immediate and definitive cessation of the partnership, in a manner analogous to the death of a spouse in marriage. No further action is required to extinguish the legal effects of the partnership, apart from notifying the competent registry office.

 

Identifying the various methods of termination is essential for any interested party, as the registration of the termination with the registry office serves as the starting point for any potential subsequent legal or property-related claims, such as claims to acquired property or maintenance. Proper compliance with the applicable procedures ensures legal clarity, certainty, and prevents future disputes.

Legal and Financial Consequences of Civil Partnership Termination

 

Upon termination of a civil partnership, all mutual obligations undertaken within its framework are automatically abolished. The former partners are no longer legally obliged to support each other, whether financially or through cohabitation. However, Greek law provides certain exceptions designed to protect vulnerable individuals and ensure the smooth continuation of family or property obligations even after the partnership ends. These provisions are especially important in preventing social or financial injustice:

 

• Spousal Maintenance As stipulated by Law 4356/2015, and by analogy to the provisions applicable to divorced spouses, a former partner may be entitled to maintenance if they are unable to support themselves due to age, serious health issues, or the need to care for a minor child. This claim is subject to specific legal requirements and may be brought before the courts if an out-of-court resolution cannot be reached.

 

• Rights to Acquired Property If, during the civil partnership, one partner’s property increased in value, the other partner may claim a share in this increase, provided they can demonstrate a tangible (financial or non-financial) contribution. This legal provision acts as a mechanism for protecting the economically weaker party and is based on the analogous application of Article 1400 of the Greek Civil Code to civil partnerships.

 

• Parental Matters The termination of a civil partnership does not affect the exercise of parental responsibility or the obligation to provide child support. The legal framework governing children remains in full force and is applied in accordance with the provisions applicable to divorced parents. Matters of custody, visitation, and child maintenance are adjudicated by the competent family courts when required.

 

The registration of the termination at the registry office constitutes the starting point for any subsequent legal or financial claim. From the date of registration, limitation periods for filing lawsuits (e.g. for participation in acquired property) begin to run, and official records are updated. This registration is critical for the legal certainty of transactions and the clarity of the legal consequences arising from the termination.

 

Rights to Acquired Property Following Termination of a Civil Partnership

 

The term “acquired property” refers to assets acquired by either partner during the period of cohabitation. In accordance with the principle of financial autonomy, each partner retains ownership of assets held in their name. However, if one partner’s property increases during the relationship, the other has the right to claim a share in this increase, provided they can demonstrate a substantial contribution (economic, labor-related, or otherwise).

 

This claim is grounded in the analogous application of Article 1400 of the Greek Civil Code, as explicitly stated in Law 4356/2015 regarding the financial relations of cohabitants. The entitled party may seek up to one-half (½) of the net increase in the other partner’s assets, depending on the extent and nature of their contribution. In the absence of precise evidence, there is a rebuttable presumption of contribution at one-third (⅓) of the asset increase.

 

Greek law explicitly prohibits any advance waiver of the right to claim a share in acquired property, to ensure the protection of the economically weaker partner. Therefore, any clause in a civil partnership agreement attempting to exclude future property claims is deemed legally invalid.

 

This claim arises upon the termination or annulment of the civil partnership. If not resolved amicably, it may be pursued before the civil courts through a lawsuit. The limitation period for such claims is two (2) years from the date of termination or annulment, pursuant to Article 1401 of the Civil Code.

 

This legal framework regarding acquired property functions as a crucial tool for balancing the financial consequences of shared life and protects the party who may have sacrificed professional or financial advancement for the benefit of the family. It prevents instances of unequal treatment and contributes to a fair allocation of the economic results of joint efforts.

 

At Karpouzis – Lianou & Associates Law Firm, we possess extensive expertise and years of experience in the field of family law. Contact us today for personalized legal assistance and responsible guidance through every stage of the process. Schedule an appointment by phone or via the contact form on our website.