Family Law in Greece
Family law in Greece governs matters such as marriage, divorce, child custody, and inheritance, with its foundations rooted in civil law traditions.
Marriage
Legal Age and Consent: The legal age for marriage in Greece is 18 for both males and females. However, exceptions exist under Article 203 of the Civil Code, allowing marriages at 18 for males and 15 for females with parental consent, provided the President or the President of the Supreme Court approves for serious reasons.
Forms of Partnership: Greek family and succession law recognizes three forms of couple relationships:
Marriage: Between persons of the opposite sex.
Registered Partnerships: Between persons of the opposite or same sex.
De Facto Cohabitation: Between two persons of the opposite or same sex.
Divorce
Grounds and Procedures: Divorce in Greece can be obtained on several grounds:
Divorce by Mutual Consent: Both spouses must agree.
Impairment of Marriage: The marriage has been strongly impaired due to reasons that can be imputed either to the defendant or both spouses, making the continuation of the marriage unbearable for the petitioner.
Separation Period: Separation of 2 years (reduced from 4 years by Article 14 of Law 3719/2008).
Divorce is granted only on the basis of a court ruling.
Child Custody and Support
Custody Arrangements: Greek law generally provides for joint custody of children unless a court orders otherwise. In cases of divorce or separation that are not amicable, parents are encouraged to reach an agreement through mediation. The non-custodial parent retains the right of access, i.e., the right to see his or her child and to participate actively in his or her life. The parent who has obtained custody of the child after the divorce is obliged not to prevent contact with the other parent.
Recent Legal Developments
Gender-Based Violence Law: A new law aimed at combating gender-based violence has sparked protests among the nation's lawyers, who argue that the proposal violates constitutional principles, including the presumption of innocence. The bill introduces stricter penalties and enhanced protections for victims.
Legal Assistance
For personalized legal advice or representation in family law matters in Greece, consulting qualified legal professionals is advisable.
Given the complexities and potential changes in Greek family law, seeking personalized legal advice is recommended to navigate specific situations effectively.
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