Recognition of foreign divorce decisions and decrees in Greece
The divorce process is often complex and emotionally charged, and when combined with the dimension of international regulations and jurisdiction, it becomes even more demanding. Especially in the case where the divorce judgment was issued in a country outside Greece and its recognition in the Greek legal system is deemed necessary, in order to develop legal consequences within it, this process can seem complicated and sophisticated.
When the consequences of a judgment affect the rights and obligations of the parties involved in Greece, it is necessary to follow strict procedures for the recognition of this judgment, so that it acquires legal force and brings about the desired consequences in Greek territory.
- Conditions for the Recognition of a Divorce Outside Greece
The recognition of a divorce judgment issued abroad in Greece requires that the judgment meets certain basic conditions (article 323 of the Code of Civil Procedure). In particular, it must be ensured that the foreign decision:
- Does not violate the public order of Greece: That is, the decision must respect the fundamental principles of Greek law, such as the protection of the rights of the individual and the well-being of the family.
- Was issued by a competent court: The court that issued the decision must have jurisdiction to hear the case in accordance with international private law.
- Does not conflict with a previous decision of a Greek court: The foreign decision cannot conflict with a previous decision of a Greek court or with other legal acts in force in Greece.
- The procedure provided for by the issuing country was followed: That is, the laws of the country in which the divorce was issued were respected and it was legally registered.
- The Recognition Procedure in Greece
In order to have a divorce decision recognized in Greece, an application must be filed with the competent court (Single-member Court of First Instance). The recognition procedure is not automatic, but takes place after the foreign decision has been recognized as final and binding within Greek territory, which is done through a judicial procedure.
In the context of the judicial procedure followed, the interested party is required to present to the court a copy of the foreign divorce decree with an official translation into Greek, authenticated by the notation of the Hague Convention (APOSTILLE) by the competent foreign authority (for countries that have acceded to the Hague Convention) and by the validation of the Greek consular authorities abroad or the Greek Ministry of Foreign Affairs, as to the authenticity of the signature of the foreign body (for countries that have not acceded to the Hague Convention). In addition, a certificate from the foreign court is required to be presented, certifying that the decree is irrevocable if it is not stated in the body of the decree, legally authenticated and with its official translation into Greek.
After the application is filed, the Greek court examines the agreement of the foreign decision with Greek law and, if everything is in order, issues a decision recognizing the res judicata of the foreign decision. This decision must then be registered in the registry office where the parties’ marriage is registered, so that the foreign divorce decision can now develop full force within the Greek territory.
- Specifically the case of divorces issued in a Member State of the European Union
A decision of a Greek court is not required for the recognition of the res judicata of a foreign court decision (or a corresponding decision of a competent authority on the dissolution of marriage) when it has been issued by the competent court or the competent authority of the Member State of the E.U. (except Denmark):
AUSTRIA, BELGIUM, FRANCE, GERMANY, GREECE, IRELAND, SPAIN, ITALY, LUXEMBOURG, GREAT BRITAIN, NETHERLANDS, PORTUGAL, SWEDEN AND FINLAND (after 1 March 2001, or from the date of accession to the EU if this was later (Council Regulation (EC) No 1347/2000 of 29 May 2000), ESTONIA, CYPRUS, LATVIA, LITHUANIA, MALTA, HUNGARY, POLAND, SLOVAKIA, SLOVENIA and CZECH REPUBLIC (after 1 May 2004), BULGARIA and ROMANIA (after 1/1/2007). In all the above cases for divorces issued by EU Member States after the date of entry into force of “Council REGULATION (EC) No. 2201/2003 of 27 November 2003”, the certificate of article 39, legally authenticated and translated, should also be presented and, respectively, for divorces within the EU, as above, issued from 01-08-2022, the legally authenticated and translated certificate of article 36 of the successor “Council Regulation (EU) 2019/1111 of 25 June 2019”.
Therefore, the procedure for recognizing a divorce issued in an EU country in Greece is considerably simpler compared to cases outside the EU, and this is due to the “Brussels II” regulation that facilitates the automatic recognition of decisions. In this case, “automatic recognition” applies and, unlike decisions from third countries, divorce decisions from EU countries are automatically recognized in Greece, without the need to submit an application for recognition of the foreign res judicata to the court, unless there is an objection from the opposing party or other special circumstances (e.g., violation of public order).
Similarly, a decision to recognize the foreign divorce judgment as final is not required if:
-it has been issued by a court in ARMENIA (article 22 of Law 3007/2002),
-it has been issued by a court in GEORGIA (article 26 of Law 2813/2000),
-it has been issued by a court in ROMANIA (article 25 of Law 429/1974) and
-it has been issued by a court in SYRIA (article 26 of Law 1450/1984).
- Divorces in the United Kingdom – Brexit
Until 31 December 2020, the United Kingdom, as a member state of the EU, was bound by and applied the “Regulation (EC) No. 2201/2003 of the Council of 27 November 2003″. With the entry into force of BREXIT from 01-01-2021, the inapplicability of EU law (Reg. 2201/2003) brings about a complete return to the Greek Code of Civil Procedure. Moreover, the United Kingdom has ratified the Convention of 1 June 1960 on the Recognition of Divorces and Legal Separations, which our country has not ratified.
Therefore,
– a decision of a Greek court is required to recognize the res judicata of the relevant British decision
a) for divorces issued before 01-03-2001 and
b) for divorces issued after 01-01-2021 and onwards
– for divorces issued from March 2005 until the end of 2020, the certificate of article 39 (“COUNCIL REGULATION (EC) No. 2201/2003 of 27 November 2003”), legally authenticated and translated, must also be submitted.
*Our office has extensive experience in all types of family law issues (custody and maintenance of a minor child, assignment of family housing, domestic violence cases, divorce, claim for participation in acquisitions, adoptions, medically assisted reproduction cases, etc.). For further legal advice or to assign your case to our office, you can contact us at tel. 2313 079293 or by email at info@siopi-law.gr. It is noted that the provision of legal advice without a corresponding fee is prohibited under the Lawyers Code (article 57 of Law 4194/2013)*
Dafni I. Siopi
Attorney at Law, LLM
Thessaloniki branch:
52 Tsimiski Street – Thessaloniki
+30 2313 0792923, +30 6977 568673
info@siopi-law.gr, dsiopi@siopi-law.gr
Athens branch:
134 Solonos Street – Athens
+30 211 0035843, +30 6977 568673
athens@siopi-law.gr, dsiopi@siopi-law.gr