Legal matters before the authorities of Greece and Cyprus

GREEK LAW

Recognition of foreign decisions: name changes, divorces, adoptions

A decision given abroad produces its effects there. In Greece the registers show the earlier position until it is recognised and entered.

WHO HANDLES THIS

This work is carried out by our lawyers in Greece, before the competent authorities and courts.

Why it matters

Someone who has divorced abroad may still appear as married in the Greek registers, with consequences for a new marriage, for inheritance matters and for any file that examines family status. The same applies to an adoption or a change of name.

Divorces given in an EU member state

No Greek court decision is required. Recognition follows the EU framework on production of the prescribed certificate: for decisions given from 1 August 2022, Regulation (EU) 2019/1111 and the certificate under Article 36; for earlier ones, Regulation (EC) 2201/2003 and the certificate under Article 39. The certificate is produced duly legalised and officially translated, and the dissolution is entered on the marriage record.

Divorces given in a third country

Where the decision comes from a State outside the Union, such as the United States, Canada or Australia, recognition of the judgment in Greece is required. The application is made to the Single-Member Court of First Instance and heard in non-contentious proceedings, under Articles 323 and 905 of the Code of Civil Procedure. Jurisdiction lies with the court of the applicant’s domicile or residence and, for those living abroad, with the Court of First Instance of Athens. The court examines, among other things, the international jurisdiction of the foreign court, the finality of the decision and its consistency with public policy.

Name changes and adoptions

These are non-contentious decisions which, as a rule, produce their effects in Greece without fresh proceedings, where the conditions of Article 780 of the Code of Civil Procedure are met. In practice, however, the authorities often require a declaratory decision of a Greek court before entering them, sought by analogous application of Article 905(4). In adoption, the effects on the child’s surname and, where the adopter is a Greek citizen and the child a minor, the question of citizenship are examined as well.

QUESTIONS

Frequently asked

Is a hearing needed for my divorce?

It depends on the State of origin. For an EU member state the certificate suffices; for a third country an application to the Single-Member Court is required.

Do I have to attend?

No. Under a special power of attorney your lawyer appears at every stage.

Which court has jurisdiction?

That of the applicant's domicile or residence; for those living abroad, the Court of First Instance of Athens.

Is there a deadline?

No, but the matter holds up everything else, so it is usually done in good time.

Sources

RELATED

Related services

Recognition of Foreign Decisions

The service itself.

Inheritance & Property in Greece

Locating the documents in the first place.

Name Change & Correction

Where the documents are used.