PROCEDURE FOR MUTUAL CONSENT DIVORCE:
Pursuant to the provisions of Articles 3 par.1,2 and 110 par.1 of Law 4055/2012 titled “Fair Trial and its Reasonable Duration”
, which came into force on 02-04-2012, the requirement of two hearings as a prerequisite for the issuance of a mutual consent divorce was abolished.
Today, a mutual consent divorce is granted following the filing of an application, for which a hearing date is set, and
ONLY ONE hearing takes place before the competent Single-Member Court of First Instance.
A court decision is issued approximately two to three months after the scheduled hearing.
It should be emphasized that the
minimum duration of marriage required for spouses to apply for a mutual consent divorce has now been reduced from one year under the previous legal regime
to six months.
Additionally, a private agreement between the spouses regarding the dissolution of their marriage is required.
In cases where there are minor children, the dissolution of the marriage also requires a written agreement regulating custody and communication, as was previously the case.
It should be noted that, under the new regime, child support may also be optionally regulated in this private agreement.
The decision of the competent Single-Member Court of First Instance regarding custody, communication, and child support of minor children constitutes, under the new law, an
ENFORCEABLE TITLE, meaning that it has the same force as a court judgment.
THE REQUIRED DOCUMENTS FOR THE ISSUANCE OF A MUTUAL CONSENT DIVORCE IN A SINGLE HEARING ARE THE FOLLOWING:
I. Marriage certificate.
II. Certificate of family status.
III. Written agreement for the dissolution of the marriage between the spouses, and in the case of minor children, a written agreement regulating custody, communication, and (optionally) child support.
IV. In case of absence of the parties, a special notarial power of attorney issued within the last month prior to the hearing is required.
V. If there are minor children, their birth certificates are required.