Law 4509/2017 introduces new provisions regarding the issuance of consensual divorce, aiming at a simpler and faster procedure for the parties.
Specifically, according to Article 22 of the above Law, the following amendments are introduced:
- Article 1438 of the Civil Code is replaced as follows:
“Article 1438
Marriage may be dissolved by divorce, which is pronounced either by an irrevocable court decision or by agreement between the spouses, as provided in Article 1441.” - Article 1441 of the Civil Code is replaced as follows:
“Article 1441 - The spouses may dissolve their marriage by written agreement. This agreement is concluded between the spouses in the presence of a duly authorized lawyer for each of them and is signed either by the spouses themselves and their lawyers or only by the latter, provided that they are vested with a special power of attorney. The authorization must have been granted within the last month prior to the signing of the agreement.
- If there are minor children, in order for the marriage to be dissolved, issues relating to their custody, communication and maintenance must be regulated, either in the same or in a separate written agreement between the spouses, which is signed as provided in paragraph 1 and is valid for at least two (2) years.
3.a) The written agreement for the dissolution of the marriage, as well as the agreement concerning custody, communication and maintenance of the minor children, shall be submitted by the authorized lawyers of each spouse, together with the special powers of attorney, to a notary public.
b) The notarial deed referred to in paragraph 4 of this article shall be drawn up at least ten (10) days after the written agreement of the spouses, the date of which is certified by verification of the authenticity of the spouses’ signatures by the Registry of the Magistrates’ Court of the seat of the notary who will draw up the notarial deed. - The notary public draws up a deed certifying the dissolution of the marriage, ratifies the agreements of the spouses and incorporates them therein. The notarial deed is signed by the spouses and their authorized lawyers or only by the latter, provided they are vested with a special power of attorney. The authorization must have been granted within the last month prior to the signing of the deed. Where the certification concerns custody, communication and maintenance of minor children, the deed 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 validated agreement, custody, communication and maintenance of the children may be regulated for a further period by a new agreement following the same procedure.
- The dissolution of the marriage takes effect upon the filing of a copy of the notarial deed with the civil registry where the marriage was recorded.”
- The provision of paragraph 5 above does not apply to applications already filed before the courts, which shall be adjudicated in accordance with the procedure in force at the time of their filing.
- In the case of a religious marriage, its dissolution is ordered by the competent Public Prosecutor of the Court of First Instance, upon application by a person having a legitimate interest, accompanied by a copy of the notarial deed. The application and the prosecutorial order are submitted to the Holy Metropolis to which the church where the marriage was celebrated belongs. The religious dissolution of the marriage is mandatory.