Uncontested Divorce 2026: The Complete Guide
Fast, Affordable & Out-of-Court Dissolution in Days
Consensual (uncontested) divorce is now the absolute standard in modern Greek legal practice (Law 4509/2017). The procedure has been entirely transferred from courtrooms to notary offices, making the dissolution of marriage an administrative, swift, and civilized process.
Furthermore, Law 4800/2021 introduced significant changes to Family Law, establishing Joint Custody as the standard for child rearing, which must be mandatorily reflected in the spouses' agreement.
Requirements for Success
Agreement by both parties is essential to dissolve the marriage. If there is disagreement, the only path is litigation.
A private agreement regulating custody, alimony, and visitation rights must be signed.
Mandatory representation by two lawyers (one for each side) to safeguard interests.
1. The Step-by-Step Process
The uncontested divorce procedure is structured to ensure that the spouses' decision is mature and conscious. The 12-day timeline is legally binding and cannot be bypassed.
Retaining Attorneys & Document Collection: Hiring two attorneys (one per side) is mandatory under Article 1441 of the Civil Code. Necessary certificates (Marriage Certificate, Family Status Certificate) are collected.
Drafting & Signing: The attorneys draft the Private Agreement regulating all relationships (custody, alimony, assets). Spouses sign it either physically or digitally via gov.gr.
10-Day Cooling-off Period: From the day after signing the agreement, a mandatory 10-day waiting period begins. During this time, spouses have the right to change their minds.
Signing the Deed: On the 11th day (or later), the attorneys (and optionally the spouses) appear before the Notary. The Notarial Deed of Dissolution is signed, validating the agreement.
Final Dissolution: The deed is filed at the Civil Registry where the marriage took place. Only upon registration is the marriage legally and irrevocably dissolved.
2. Classic vs. Digital Divorce
The digital revolution in the Greek public sector has dramatically simplified the process. Couples can now choose between the traditional route and the fully digital process via gov.gr.
Classic Procedure
The traditional method with physical documents.
- Physical signature of the private agreement.
- Visit to a Citizens Service Center (KEP) or Police Station required for signature authentication.
- Attorneys submit physical papers to the Notary.
- More time-consuming due to travel.
Digital Divorce (Paperless)
The modern, fully digital method (gov.gr).
- Everything is done electronically via the dialogy.gov.gr platform.
- Login requires Taxisnet credentials.
- No visit to KEP is required for signature authentication.
- Ideal if parties are in different locations or abroad.
3. Agreement Essentials
Custody & Visitation
As a rule, Joint Custody applies, meaning joint decision-making for the child's upbringing, health, and education. The law presumes communication time of 1/3 of total time for the parent not residing with the child.
Alimony & Expenses
A specific monetary amount, exact payment day, and bank account must be defined. An adjustment clause (e.g., 2% annual increase) is essential to cover inflation, as well as provisions for extraordinary medical and educational expenses.
Family Home
Who keeps the house? There must be a clear Relocation Clause defining when the departing spouse leaves, what household items they take, and who bears fixed costs (utilities, common charges) until departure.
Waiver Clause
An explicit declaration that spouses mutually waive any right to alimony or claims on assets between them in the future. This clause is fundamental to prevent future financial claims.
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4. Jurisdiction: Where to Go?
One of the most common mistakes concerns the confusion between the location of the Notary and the Civil Registry. Local jurisdiction differs significantly.
You can choose a Notary in any city, regardless of where you live or where you were married. There is no local restriction.
The dissolution deed must be filed STRICTLY at the Civil Registry where the marriage was declared. If the marriage took place in Thessaloniki, the divorce will be filed in Thessaloniki, even if the deed was signed in Athens.
5. The Power of Attorney Trap
The 30-Day Rule
If you choose not to appear in person before the Notary (the most common and convenient option), you must grant a Special Power of Attorney to your lawyers.
WARNING: The Power of Attorney for signing the divorce deed is special and has an expiration date. It must be issued STRICTLY within the last month before the signing of the deed. If 31 days pass, the Power of Attorney becomes void, and the process must start over!
Worried about Power of Attorney validity?
Call us for a quick check: +30 210 300 39296. The "Double Dissolution" (Religious Marriage)
For those who have had a religious marriage, the process does not end at the Civil Registry. Civil separation is not sufficient for the Church, and this is critical if either party wishes to remarry religiously in the future.
Completed with the filing of the notarial deed at the Civil Registry. From that moment, for the State, Tax Authorities, and Banks, you are divorced. The legal obligation of cohabitation ceases, and tax connection is severed.
Follows the civil dissolution. A divorce petition (prosecutor's order is no longer required) must be filed at the Metropolis to which the church of the marriage belongs. The Metropolis issues the Ecclesiastical Divorce, which is necessary only for conducting a new religious marriage.
7. After the Divorce
Once you receive the Registration Act of Marriage Dissolution, your marriage is dissolved. However, there are certain bureaucratic pending matters you must settle immediately.
Action Checklist
- Tax Office (IRS/myAADE): Declare the dissolution of marriage within 30 days. Tax ID numbers are separated, and you will now file separate tax returns.
- Social Security (EFKA): If you were an indirect member (insured by your spouse), you are automatically removed. You must arrange for your own insurance or register as unemployed.
- Banks: Inform banks to separate joint accounts, credit cards, or safe deposit boxes.
- ID Card: Changing your ID is required only if your surname changed due to marriage (a practice that is now rare).
- Municipal Registry / KEP: Change of family record. The joint record is deleted, and new individual records are created for each former spouse. Children usually remain in the mother's record unless agreed otherwise.
8. Cost & Documents
The cost of an uncontested divorce is significantly lower than that of litigation. It is predetermined and transparent, without hidden court fees.
Required Documents:
- Marriage Certificate: Original, issued within the last 6 months.
- Family Status Certificate: Recent, showing children and marriage history.
- ID Cards: Photocopies of both spouses' IDs (front and back).
- Children's Birth Certificates: Necessary if there are minor children.
- Tax & Residence Details: Tax ID (AFM), Tax Office (DOY), and residential addresses.
9. Frequently Asked Questions (FAQ)
No. The law (Article 1441 Civil Code) is absolute and strict: representation by two different lawyers, one for each side, is required. This ensures there is no conflict of interest and no party is pressured into signing something unfavorable. If only one lawyer appears, the divorce is void.
No, you don't. You can issue a Special Power of Attorney at the Greek Consulate in your area or via a foreign notary (with Apostille) and send it to your lawyer. The process is fully completed without your physical presence in Greece, through proxies.
The 10-day interval exists exactly for this reason. If 10 days pass and you (or your lawyers) do not appear to sign the final deed, the process is aborted. The initial agreement does not bind you to the dissolution of marriage if not finally ratified by the notary.
Not anymore. With Law 4800/2021, the landscape has changed radically. Joint Custody (joint exercise of parental care) is established as the rule. Both parents participate equally in important decisions regarding the child (health, education, naming), regardless of which parent the child resides with.
No. The uncontested divorce procedure is now purely out-of-court and administrative. Everything takes place at the Notary's office, in a civilized atmosphere, without the emotionally draining, time-consuming, and costly court process. Court is required only if there is a dispute.
Christina Pachou
Notary Public of Athens
Ilias Poulakos
Attorney at Law LL.M.
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