DIVORCE BY CONSENT BY MEANS OF NOTORIAL ACT, 2017
“Divorce by consent in 30 minutes”
The age when citizens had to hang around over a year for a court decision finalizing a divorce by consent are irretrievably behind us. Hereafter, under the new arrangements the Ministry of Justice is working on, divorces by consent may be obtained only within 30 minutes! It might sound unreal, however according to the new arrangements expected to be lodged with the Greek Parliament right after Christmas Holidays (at the beginning of the year) those who wish to divorce by consent will no longer have to stand before a court.
Initially, the judicial proceedings existing so far shall be abrogated, while notaries alone will henceforth be responsible for the dissolution of marriages and will also issue the necessary notarial acts without any further formalities required. The bottom line is that, apart from the fact that divorces by consent will now be brought before a notary by means of a notarial act, former spouses will moreover regulate by mutual agreement, other crucial subjects being the corollary of divorce by consent.
An Attorney required
In accordance with the new regulations the Minister of Justice Mr. Stavros Kantonis has prepared, the issues concerning child custody, the communication between former spouses and relevant maintenance obligations will be laid down and agreed through a notarial act as long as a common and consensual position from both sides on these matters has been achieved. The crucial point of these regulations is that imposing the presence of an attorney for both sides, as regards marriage dissolution by consent and the settling of issues concerning custody, maintenance obligations and communication between former spouses, so that adequate protection and consultancy is provided on such legislative matters which will inevitably arise in such cases.
On the basis of the applicable law soon expected to be repealed, in order to dissolve marriage by consent hitherto, the applicants should bring legal proceedings before the Court of First Instance empowered to issue, not long afterwards, the relevant ruling. The two-tier decision system (nearly every 6 months or so) which intended to allow couples aiming to obtain a divorce, some time to reconsider, had been non-active for years. Nonetheless, the current legislation also provided for a rather costly and time consuming system, while the settlement of communication, custody and maintenance matters would again force applicants to pursue legal proceedings.
The new regulations encourage consent without disregarding the substance of settling any outstanding issues deriving from marriage dissolution and also pursue simplification of the procedures involved. Specifically, as Mr. Kontonis maintains, the new regulations promote the gradual deduction of critical judicial material so that courts can respond to their tough and complex role. Thus, the same context also comprises the above-mentioned changes.
Very similar regulations are expected to be brought forward for a host of court proceedings in a bid to relieve courts from a rather vast amount of legal cases and to upgrade the core structure of Justice. Clearly, where former spouses do not reach an agreement and go after a non-consensual divorce, court rooms shall be the only route for them, accompanied by all relevant consequences in terms of time, money and phycological damage.
The same situation shall apply in the case where former spouses being estranged follow legal proceedings as regards the issues of custody, communication with their children and their maintenance obligations.
Source: kathimerini.gr, 2.1.2017, written by Ioanna Mandrou
