The marriage of a couple can be dissolved in the following ways:

1.Consensual Divorce

This is the quickest and most cost-effective method for couples seeking to dissolve their marriage. There is no requirement for a minimum duration of marriage before initiating this process. It no longer requires a court decision, but a straightforward notarial act that validates the mutual agreement to divorce. This notarial deed is subsequently submitted for validation to the appropriate Registry Office and, in the case of a religious marriage, to the respective diocese.

Each spouse should be represented by their own lawyer, who ensures that a properly structured agreement is reached—one that accurately reflects the true intentions of each party regarding child custody, contact arrangements, property matters, and financial support. This process requires excellent communication with the client, strict confidentiality, and a constructive exchange of ideas, in order to achieve the best possible outcome. The entire procedure can be completed within approximately fifteen days, in a respectful, cost-effective, and stress-free anner. 

If a couple wishes to proceed with a consensual divorce but experience difficulty reaching an agreement on issues concerning their children—such as custody, visitation rights, or child support—these matters may be resolved through the  mediation process. With the assistance of a neutral mediator and the presence of their respective legal counsel, parents are given the opportunity to reach a mutually acceptable agreement that serves the best interests of their children. The agreement reached through mediation is incorporated into the notarial deed of divorce, becoming an integral part of it. In this way, parents can resolve sensitive family matters in a constructive manner and  maintain  respectful  and cooperative with one another for the benefit of their children.

2.Contested Divorce

If the marriage cannot be dissolved through mutual consent, recourse to the courts becomes the only solution. This occurs when the couple cannot agree on the basic issues concerning them, with the main one being the custody and communication with their children. Often couples, embittered by their married life, disagree, and often out of retaliation for each other, on the burning issues of communication with their children, child support to be paid by the obligor, participation in community property and various other issues. The lawyer should in any case be calming, soothing, explanatory, inform in detail about the time and cost of the upcoming trials and above all, be very careful in his handling with his client, so as not to aggravate an already tense situation, which is particularly stressful for his client.

The atmosphere in family courts is very tense, with accumulated grievances of years, disputes, and quarrels reaching their peak with the start of legal battles, with children being spectators of it all. The lawyer must exercise great caution in planning the legal strategy they will propose to their client, to avoid unnecessary trials and wasted time and money.

The court proceedings required to dissolve a marriage and settle issues of child communication and alimony through this process are:

a) interim measures of possession,

b) divorce lawsuit - dissolution of marriage,

c) lawsuit for alimony, custody of the children and communication,

d) lawsuit for participation in acquired assets.

e) any potential appeals in the second instance.

Even when a family dispute has already been brought before the courts, the parties may choose, at any stage of the proceedings, to suspend the judicial process and pursue mediation. With the assistance of a neutral mediator, the parties have the opportunity to  discuss and resolve the issues between them and attempt to reach a mutually agreed solution.  Any agreement reached through mediation is recorded in the final mediation agreement. Once this agreement is filed with the competent court, it acquires the status of an enforceable title. In this way, the parties may withdraw from  ongoing litigation and conclude their case amicably without the need for further court proceedings.

3.Divorce after Two-Year Separation - Automatic Divorce - Spouse of unknown residence

Two years must have passed since the couple stopped living together and ceased having a shared life. Small intervals of reconciliation attempts are not counted within this two-year period. In this case, either spouse can request the divorce regardless of who is responsible for the breakdown and dissolution of the marriage.

The spouse seeking the divorce files a lawsuit, and the decision is issued within 3-6 months, and it must become final. The difference from the contested divorce process is that the couple does not need to prove and disclose unpleasant details of their life, with witnesses and documents, a process that is both time-consuming and psychologically draining. 

This category also includes cases where one spouse has completely withdrawn from the marital relationship, for example, when a foreign spouse has returned to their country of origin, and their current place of residence is unknown.

In such situations, divorce proceedings may still continue in accordance with the special procedural rules governing service of legal documents on a person of unknown residence.

The court examines whether the spouses have been separated for the legally required period of two years. If it is established that the marital cohabitation has effectively ceased for that period, the court may issue a decision dissolving the marriage, even without the participation of the other spouse.

This legal framework ensures that a spouse who wishes to move forward with their life is not indefinitely bound to a marriage that has, in reality, already ended.

Civil Partnership

A civil partnership is a legal agreement between two adults, regardless of gender, through which they regulate their living arrangements in accordance with Law 4356/2015. The agreement  takes effect once upon a copy of the notarial deed is filed with the Civil Registry Office of the partner’s place of residence and recorded in the relevant registry. Full legal capacity is required in order to enter into a  civil partnership.

A civil partnership may be dissolved through a simplified streamlined, extrajudicial procedure, which in most cases does not require court intervention.

The partnership may be dissolved are in the following ways :

a) By mutual agreement of the parties via a notarial deed

b) Unilaterally, by one of the two parties through a notarial declaration, provided that a formal invitation for a consensual dissolution has been previously served on the other party through a judicial bailiff  and  a period of three (3) months has elapsed from the date of service,

c) Automatically, if the parties  subsequently marry each other.

The dissolution becomes effective upon  registration of the relevant deed at the Civil Registry where the civil partnership t was originally recorded. From the moment of registration, the legal effects of the agreement cease.

In all cases of divorce or dissolution of a civil partnership, the primary concern and interest of the spouses/partners should be the regulation of matters concerning their children, such as custody, communication arrangements and child support, ensuring that these issues are addressed in a way that fully protects  the best interests of the child.

Our office provides legal guidance on both marriage and civil partnership matters, including their establishment and dissolution.