Can I get married in Greece?
You have the right to choose your partner or spouse and decide if you want to have an official relationship or not!
You can marry without a religious procedure before the Greek civil authorities (at the municipality of your residence) with the necessary documents. You need to bring them the necessary documents (such as valid identity papers,
birth certificates and proof that you are not married) and apply for a permit of marriage.
Generally, marriage is very difficult as long as you are still in the asylum procedure, and easier once you get a positive decision and the right to stay. The main problem for marriage during your asylum procedure is that you would normally need a certificate of celibacy from your home country (stating that there are no obstacles to marriage meaning you are not currently married) and you need your birth certificate - all with the relevant official stamps. But getting in contact with your country’s embassy in order to obtain such a document, will likely jeopardise your asylum claim as it could be interpreted that you are not in danger by your home country’s state and you could get a negative decision. If the municipality doesn’t issue you the necessary permit of marriage as you lack the above mentioned documents, you can appeal before a court against this. The procedure is very time consuming and has expenses as you need a lawyer for that. Only in a few cases asylum seekers managed to marry while still waiting for their asylum decision. However, once you get your positive asylum decision you can get instead a family status certificate from the Greek Asylum Service, thus, it makes more sense to wait up to that point.
Attention: Marriages concluded before unauthorised priests or in informal churches are not valid.
Attention: Consult a lawyer to help you for marriage and advise on your individual case!
What other forms of official relationships between two adult partners exist in Greece?
If you don’t want to marry but seek for another official form of relationship you can make a “cohabitation agreement” before a Greek notary which has to be later registered at the Civil Registry of residence. This is a legal agreement
between a couple who choose to live together, allowing them similar rights as a married couple. Cohabitation agreements are also possible for same sex couples.
What are my rights within a marriage?
You have the legal right to be respected and not to be insulted or threatened in any way, whether physically, emotionally or sexually. Sexual interaction with your husband should be agreed by both partners. All family members -
including you - have the right to a life without violence within the family. You have the right to work (see also section „Working women“) and to attend any form of education or training.
Can I get a divorce in Greece?
Generally, divorce is possible both while you are an asylum seeker and after getting a positive decision, but as an asylum seeker it has extra expenses and takes more time. That is because as an asylum seeker the law of your country/countries of origin may still apply and at court you will have to present a legal expert opinion of the “institute of foreign law” suggesting the applicable law first, which has to be paid by you and costs several hundreds Euros. As a recognized refugee Greek law applies for the divorce and the procedure is a bit faster and much cheaper. It is thus suggested to better wait for your asylum decision in order to get a divorce.
All women have the right to ask for a divorce - equal to men. You can divorce even though you might have married in another country and even if your husband is not in Greece.
A divorce can be taken upon agreement of both spouses (“consensual divorce”) and also if only one of the spouses applies for it (“contested divorce”). The latter is more time consuming and complex. Divorce generally has expenses.
For a contested divorce, you have to file a divorce petition through a lawyer at the competent court. The petition has then to be served to your spouse. You have to provide the court with the relevant documentation proving the marriage and your family status with the relevant family status certificate issued by the Greek Asylum Service. The court takes place within some months. Either you attend the court with your lawyer or your lawyer attends representing you in your absence holding a power of attorney signed before a notary office of the Greek Consular Office. You have to wait a few months more for the judgement, which then comes into effect when the deadline for legal remedies expires.
Attention: If you are thinking of divorce, first make sure if your marriage has been registered in Greece by the Asylum Service or not, in order to understand if divorce is necessary for you.
Attention: Cohabitation agreements can be resolved in front of a notary while your ex-partner does not need to be present to dissolve it. You only need to formally inform him about your intention to dissolve the cohabitation agreement.
What is child custody?
In Greek law there is a differentiation of custody levels between “parental responsibility” (Greek: „ghoniki merimna“) and a smaller degree of child custody (Greek: „epimelia“). Parental responsibility includes all serious matters such as choice of religion, exposure to a serious operation, name giving etc. - it is the broader level of responsibility of the child. The smaller degree of child custody refers to daily life decisions in school, choice of doctors, clothes, shelter and food.
Who has the custody?
If you have children together, you and your spouse are not only a couple but also parents. If the relationship as a couple comes to an end for whatever reason, you still remain both parents of your child/ren.
According to Greek law, in a married couple custody of the minor children is automatically shared. If an unmarried woman gives birth and no father has been registered, the mother holds sole custody. But if a father has been registered or applied successfully at a court to register his fatherhood the custody is shared. If the parents do not live together, law is applied as in divorce for custody issues. In case of consensual divorce, the custody of the children is assigned either to both parents or to one of them without genderbased discrimination. If the parents cannot agree on the custody it has to be resolved in front of a court. At court both parents will have to explain why they want sole custody, explain why they are a good parent and can fulfill their obligations towards the child/ren in its/their best interest. If the child/children are of mature age, the judge might request a meeting with the child/children and ask their opinion on who they’d prefer to live with.
My husband is not in Greece, how do I formally get sole custody?
It is possible to apply for sole custody at the competent court of your residency - also if your husband is not in Greece, if the separation/divorce occurred outside of Greece, if he has disappeared or is not anymore alive. An application to obtain sole custody has to be written carefully in Greek in the respective form. You file an application which has to be delivered to the spouse’s address (wherever he lives inside or outside Greece). The court will most likely take place after some months. If there are reasonable urgent grounds why you need custody faster a lawyer can file interim measures (Greek: „asfalistika“) for a faster procedure (appointments will be giving within some weeks) which can also include additionally a request for a provisional order (Προσωρινή διαταγή) (appointments will be given within a few days). These fastened court procedures in case of success provide you with a temporary document of custody UNTIL the actual court will take place.
At court, you have to generally present yourself with a lawyer. It is best to have also a witness who knows you well to support your arguments, but it’s not mandatory as there are other forms of proof like documents or statutory declarations of witnesses (if your witness lives abroad or cannot come on the day of the court hearing). In any case, it is crucial to present to the court some facts that explain and prove your case, such as that your child/ren go to school and have medical and/or psychological care if needed.
When the court issues its judgement (not on the same day), it will become effective as soon as deadlines for legal remedies have passed. If you applied for interim measures possibly also including a request for the issuance of a provisional order (the two faster procedures mentioned above), which have no deadline for appeals the decisions are usually issued within a few work days but are only valid until the date of the actual court. The decisions remain only valid when the deadline to submit the official lawsuit is respected (your lawyer needs to file the lawsuit in time). The complete duration of each procedure can only be estimated taking into consideration the current workload of the court of your residence.
Attention: To get further information on custody issues ask a lawyer from an organisation supporting refugees. If you are not already supported by a lawyer, see contact list at the end of this booklet!
Attention: To get sole custody a court needs to assign it to you!
Attention: Temporary decisions or interim decisions can only be granted if there are reasonable arguments for the urgency.
Attention: Ask a lawyer to explain more details on this procedure to you and according to your specific case. The court sets out the minimum wage you have to pay a lawyer. If your custody case is represented by a Greek refugee rights organisation, you won’t be charged any money. If you take a private lawyer you have to pay at least the minimum fee for a lawyer, but each lawyer can also decide to get a higher payment (for the court procedure up to interim measures a minimum fee around 600 Euros is normal). There are additional expenses within the procedure for the obligatory official notification of the other parent, that vary according to the individual circumstances (where the father lives and if his address is known around 100-150 Euros).
If I have sole custody of the children, can my ex-husband still see them?
When only one of the parents holds custody of the children and there is no (functioning) communication between the parents, the other still has the right to apply to the court to visit and communicate with his / her children. A court decision can set specific visiting hours/days.
Do I get financial support from my ex-husband if I have custody of our children?
The person not holding custody has the responsibility to pay an amount to the other parent holding custody named “maintenance obligation”. A court can set the amount in case the parents cannot agree.
Attention: Children born out of wedlock have equal rights as those born within marriage or a cohabitation agreement. Fathers must provide financial support for out-of-wedlock children if a court decides so.
Attention: You have the right to ask for alimony if you are not working, provided that your ex was the one working during your marriage.
Where is my family status registered in Greece?
Marriage and in general family status and children for all Greeks and legal residents in Greece are registered in the civil registry of the municipality of your residence. They are also registered at the asylum service according to the information shared by you and documents you may have handed in. You can request a certificate of your family status from the Asylum Service and/or the competent civil status registry. You may need such a document at different public services such as the tax office or for legal procedures such as an
application for custody.
Attention: A family status certificate from the Asylum Service is issued upon your request and after getting a positive asylum decision as only then your statements (given during the registration of your claim and your interview) are considered verified.