Under current Greek law (Family Law – Civil Code), four types of divorce are provided:
- Contested divorce (pursuant to Article 1439 paras. a’ and b’ of the Civil Code – Family Law). Each spouse may file an action before the territorially competent court (Single-Member Court of First Instance) requesting the issuance of a divorce judgment when the marital relationship has been so seriously disrupted, for a reason relating to the person of one of the spouses, that the continuation of the marriage has become intolerable for the claimant.
- Divorce after two-year separation (often incorrectly referred to in the media as “automatic divorce”). It is governed by Article 1439 para. c’ of the Civil Code. If the spouses have been continuously separated for at least two (2) consecutive years, the breakdown of the marriage is irrebuttably presumed and the divorce may be requested and granted, even if the cause of the breakdown is attributable to the claimant.
- Consensual divorce (Article 1441 of the Civil Code). The granting of a consensual divorce now requires a joint agreement between the spouses for the dissolution of the marriage (religious or civil), including specific arrangements regarding custody, communication, and maintenance of minor children, if any have been born during the marriage. The authenticity of the spouses’ signatures on the agreement is certified by the Clerk of the competent Magistrates’ Court. Ten days after signing the agreement before the Clerk, the parties may execute a notarial deed for the dissolution of their marriage before a notary public of their choice. This notarial deed incorporates the text of the private agreement signed before the Clerk. Consensual divorce, apart from being issued more swiftly, is generally the most appropriate option and serves the best interests of minor children, as it allows the dissolution of the marriage in an amicable manner without further disputes and litigation, which may negatively affect the psychological well-being of the children.
- Divorce due to declaration of absence, governed by Article 1440 of the Civil Code, which provides that either spouse may request a divorce when the other spouse has been declared legally absent.