Category: Δραστηριότητες (Page 1 of 4)

Brief update on the reform of Greek family law regarding parent-child relations, International Family Law Journal, 2023 Issue 1, Pages 15-19

Family Law – Chapter for Greece by Haroula Constandinidou and Konstantinos Stavropoulos, Sixth edition 2023, Family Global Guide, Thomson Reuters

Family Law – Chapter for Greece by Haroula Constandinidou and Konstantinos Stavropoulos, Sixth edition 2023, Family Global Guide, Thomson Reuters

Family law in Greece: overview
Resource type: Country Q&A
Status: Law stated as at 01-November-2020
Jurisdiction: Greece
A Q&A guide to family law in Greece.
The Q&A gives a high level overview of key issues including jurisdiction and conflict of law; pre- and post-nuptial agreements; divorce, nullity, and judicial separation; children; surrogacy and adoption; cohabitation; family dispute resolution; civil partnership/same-sex marriage; and controversial areas and reform.
To compare answers across multiple jurisdictions visit the Family Country Q&A tool.
This Q&A is part of the global guide to Family law. This contribution, in its original form, first appeared in Family Law (2nd edition), General Editor James Stewart of Penningtons Manches LLP. Family Law was published in association with the International Academy of Matrimonial Lawyers.

Contents
Jurisdiction and conflict of law, Regulatory framework, Jurisdiction, Domicile and habitual residence, Conflict of law, Pre- and post-nuptial agreements, Validity of pre- and post-nuptial agreements, Divorce, nullity and judicial separation, Recognition of foreign marriages/divorces, Divorce, Finances/capital and property, Finances/Spousal Maintenance, Child maintenance, Reciprocal enforcement of financial orders, Financial relief after foreign divorce proceedings, Children, Custody/parental responsibility, International abduction, Legal Aid, Leave to remove/applications to take a child out of the jurisdiction, Surrogacy and adoption, Surrogacy agreements, Adoption, Cohabitation, Family dispute resolution, Mediation, collaborative law and arbitration, Civil partnership/same-sex marriage, Media Access and Transparency, Succession Rights on Divorce/Dissolution, Controversial areas and reform

Contributor profiles
Haroula Constandinidou-Stavropoulou, Senior Partner
Konstantinos Stavropoulos, Partner

Σύντομη ενημέρωση για την αναμόρφωση του ελληνικού οικογενειακού δικαίου ως προς τις σχέσεις γονέων με τέκνα

Χαρούλα Κωνσταντινίδου, Senior Partner, Κωνσταντινίδου – Σταυρόπουλος – Σταυροπούλου Δικηγορική Εταιρεία

Κωνσταντίνος ΣταυρόπουλοςPartner, Κωνσταντινίδου – Σταυρόπουλος – Σταυροπούλου Δικηγορική Εταιρεία

International Family Law Journal

2023: Issue 1

Family Law – Chapter for Greece by Haroula Constandinidou and Konstantinos Stavropoulos, Fifth edition 2021, Family Law Global Guide from Practical Law, Thomson Reuters

Family Law – Chapter for Greece by Haroula Constandinidou and Konstantinos Stavropoulos, Fifth edition 2021, A Global Guide from Practical Law, Thomson Reuters

Family law in Greece: overview
Resource type: Country Q&A
Status: Law stated as at 01-November-2020
Jurisdiction: Greece
A Q&A guide to family law in Greece.
The Q&A gives a high level overview of key issues including jurisdiction and conflict of law; pre- and post-nuptial agreements; divorce, nullity, and judicial separation; children; surrogacy and adoption; cohabitation; family dispute resolution; civil partnership/same-sex marriage; and controversial areas and reform.
To compare answers across multiple jurisdictions visit the Family Country Q&A tool.
This Q&A is part of the global guide to Family law. This contribution, in its original form, first appeared in Family Law (2nd edition), General Editor James Stewart of Penningtons Manches LLP. Family Law was published in association with the International Academy of Matrimonial Lawyers.

Contents
Jurisdiction and conflict of law, Regulatory framework, Jurisdiction, Domicile and habitual residence, Conflict of law, Pre- and post-nuptial agreements, Validity of pre- and post-nuptial agreements, Divorce, nullity and judicial separation, Recognition of foreign marriages/divorces, Divorce, Finances/capital and property, Finances/maintenance, Child maintenance, Reciprocal enforcement of financial orders, Financial relief after foreign divorce proceedings, Children, Custody/parental responsibility, International abduction, Leave to remove/applications to take a child out of the jurisdiction, Surrogacy and adoption, Surrogacy agreements, Adoption, Cohabitation, Family dispute resolution, Mediation, collaborative law and arbitration, Civil partnership/same-sex marriage, Controversial areas and reform

Contributor profiles
Haroula Constandinidou-Stavropoulou, Senior Partner
Konstantinos Stavropoulos, Partner

Participation – Attendance at International Family Law Conferences

2022

  • May – IAFL Conference held in Athens – Greece, (Haroula Constandinidou – Konstantinos Stavropoulos – Ioanna Stavropoulou)

2019

  • September – IAFL Conference held in Mallorca – Spain, (Haroula Constandinidou – Konstantinos Stavropoulos – Ioanna Stavropoulou)

2018

  • September – IAFL Conference held in Stuttgart – Germany, (Haroula Constandinidou – Ioanna Stavropoulou)
  • May – IAFL Conference held in Tokyo – Japan, (Haroula Constandinidou – Konstantinos Stavropoulos – Ioanna Stavropoulou)

2017

      • February – Greek Law Digest Conference held in Athens, Greece / “Legal & Business Challenges in today’s Greece” (Haroula Constandinidou – Konstantinos Stavropoulos)
      • September – IAFL Conference held in Reykjavik – Iceland, (Haroula Constandinidou – Konstantinos Stavropoulos – Ioanna Stavropoulou)

2015

      • September – IAML Conference held in Taormina – Sicily, Italy (Haroula Constandinidou – Konstantinos Stavropoulos – Ioanna Stavropoulou)
      • March – IAML Conference held in Seville, Spain (Haroula Constandinidou – Konstantinos Stavropoulos)

2014

      • March – IAML Conference held in Bordeaux, France (Haroula Constandinidou – Konstantinos Stavropoulos)

2013

      • May – IAML Conference held in Salzburg, Austria (Haroula Constandinidou – Ioanna Stavropoulou)
      • November – Conference of the Hellenic Society of Family Law held in Nafplio, Greece (Haroula Constandinidou – Konstantinos Stavropoulos – Panagiotis Panteloukas – Maria Dilana)

2012

      • April – IAML Conference held in Crete, Greece (Haroula Constandinidou – Konstantinos Stavropoulos – Ioanna Stavropoulou)
      • December – Psychiatric-judicial congress held in Athens, Greece (Haroula Constandinidou)

2011

      • April – IAML Conference held in Strasbοurg, France (Haroula Constandinidou and Ioanna-Natalia Stavropoulou)

2010

      • May – IAML Conference held in Munich, Germany (Haroula Constandinidou and Konstantinos Stavropoulos)
      • December – Psychiatric-judicial congress held in Athens, Greece (Haroula Constandinidou and Konstantinos Stavropoulos)

2009

      • May – IAML Conference held in Stockholm, Sweden (Haroula Constandinidou and Panagiotis Panteloukas)

2008

      • April – IAML Conference held in Rome, Italy (Haroula Constandinidou and Konstantinos Stavropoulos)
      • September – IAML Conference held in Cape Town, South Africa (Haroula Constandinidou and Joanna Stavropoulou)

2007

      • March – IAML Conference held in San Diego, California, USA (Haroula Constandinidou and Joanna Stavropoulou)
      • April – IAML Conference held in Krakow, Poland (Haroula Constandinidou and Konstantinos Stavropoulos)
      • September – IAML Conference held in St. Petersburg, Russia (Haroula Constandinidou and Konstantinos Stavropoulos)
      • October – ERA Conference held in Trier, Germany (Haroula Constandinidou, Konstantinos Stavropoulos and Panagiotis Panteloukas)

2006

      • May – IAML Conference held in Thessaloniki, Greece (Haroula Constandinidou, Konstantinos Stavropoulos and Joanna Stavropoulou)
      • September – IAML Conference held in Shanghai, China (Haroula Constandinidou and Joanna Stavropoulou)

2005

      • March – IAML Conference held in Chicago, ILL., USA (Haroula Constandinidou and Joanna Stavropoulou)
      • May -IAML Conference held in Vienna, Austria (Haroula Constandinidou)
      • September – IAML Conference held in Brussels, Belgium (Haroula Constandinidou and Joanna Stavropoulou)
      • September – ERA Conference held in Trier, Germany (Haroula Constandinidou)

2004

      • April – IAML Conference held in Venice, Italy (Haroula Constandinidou and Joanna Stavropoulou)
      • September – IAML Conference held in Sydney, Australia (Haroula Constandinidou, Konstantinos Stavropoulos and Joanna Stavropoulou)

2003

      • May – IAML Conference held in Copenhagen, Denmark (Haroula Constandinidou and Maria Dilana)
      • September – IAML Conference held in Barcelona, Spain (Haroula Constandinidou and Konstantinos Stavropoulos)

2002

      • April – IAML Conference held in Madrid, Spain (Haroula Constandinidou)
      • September – IAML Conference held in Berlin, Germany (Haroula Constandinidou and Konstantinos Stavropoulos)

2001

      • April – IAML Conference held in Prague, Czech Republic (Haroula Constandinidou)

2000

      • February – Union of Hellenic Scientists Conference held in Thessaloniki, Greece (Haroula Constandinidou, Joanna Stavropoulou and Konstantinos Stavropoulos)
      • May – IAML Conference held in Paphos, Cyprus (Haroula Constandinidou)
      • May – IBA Conference held in London, England (Haroula Constandinidou)
      • September – IAML Conference held in Edinburgh, Scotland (Haroula Constandinidou)
      • September -Reunite Conference held in London, England (Haroula Constandinidou)

1999

      • April – IAML Conference held in Amsterdam, The Netherlands (Haroula Constandinidou, Joanna Stavropoulou and Konstantinos Stavropoulos)
      • September – IAML Conference held in St. Tropez, France (Haroula Constandinidou)

1998

      • April -IAML Conference held in Ascona, Switzerland (Haroula Constandinidou)
      • September – IAML Conference held in San Francisco, USA (Haroula Constandinidou)
      • September – International Society of Family Law Conference held in Prague, Czech Republic (Haroula Constandinidou)

1997

      • April – IAML Conference held in Athens, Greece (Haroula Constandinidou)
      • September -IAML Conference held in Florence, Italy (Haroula Constandinidou)

1996

      • April – IAML Conference held in Goeteborg, Sweden (Haroula Constandinidou)
      • September – IAML Conference held in Hong Kong (Haroula Constandinidou and Konstantinos Stavropoulos)
      • November – Reunite Conference held in Edinburgh, Scotland (Haroula Constandinidou, Joanna Stavropoulou and Konstantinos Stavropoulos)

1995

      • April – IAML Conference held in Paris, France (Haroula Constandinidou)
      • September – IAML Conference held in Istanbul, Turkey (Haroula Constandinidou)

1994

      • IAML Conference held in London, England (Haroula Constandinidou)
      • April – IAML Conference held in Seville, Spain (Haroula Constandinidou)

1993

      • Barcelona Bar Association Conference held in Barcelona, Spain (Haroula Constandinidou)

1992

    • IBA Conference held in Cannes, Family Law Committee (Haroula Constandinidou)

Legal recognition of gender identity in Greece, by Haroula Constandinidou, International Family Law Journal, 2017 Issue 4, Pages 257-310

The latest major legislative development relating to family law in Greece concerns legal gender recognition. On 10th October 2017, the Greek Parliament voted in favour of a new law, which recognizes gender identity as a protected aspect of an individual’s personality and, therefore, allows the selection of one’s legal gender.

Law 4491/2017 “Legal Recognition of Gender Identity, National Mechanism for Devising, Monitoring and Evaluation of Action Plans for the Children’s Rights and other provisions” explicitly states that gender identity is the “internal and personal” way in which a person experiences their gender, regardless of the gender attributed at birth based on physical characteristics. As a result of this, when there is a discord between one’s legally assigned gender and their perception of themselves, a person is allowed to petition the correction of their legally assigned gender.

This option extends to all adults with full contractual capability. Furthermore, the new law allows minors over 17 years old to select their legal gender, provided that they have the consent of the persons exercising their parental care. Minors over 15 years old may also correct their assigned legal gender provided that they have the above persons’ consent and prior to receiving the approval of a special committee, consisting of a child psychiatrist, a psychiatrist, an endocrinologist, a pediatric surgeon, a psychologist, a social worker and a pediatrician as chair, all of which must be specialists in this area.

Precipitating Consensual Divorce in Greece, by Haroula Constandinidou, International Family Law Journal, 2018 Issue 1, Pages 1-84

Consensual divorce procedure in Greece has now been significantly simplified by virtue of the new law 4509/2017 “Measures of treatment for persons who are exempted from sentence due to a psychological or mental disorder and other provisions”, which came into force on 22nd December 2017 and, inter alia, amended articles 1438 and 1441 of the Greek Civil Code. The main innovation of this new law is that a Court decision is no longer required for spouses wishing to acquire a consensual divorce. The termination of the involvement of the Court in the consensual divorce procedure is practically translated to quicker divorces, as instead of circa eight months to one year required previously, consensual divorces may now be obtained in less than one month.

«Regimes matrimoniaux dans le monde – Grèce» by Haroula Constandinidou and Konstantinos Stavropoulos, French legal journal «Actualite’ Juridique Famille», December 2017 edition, Dalloz

«Regimes matrimoniaux dans le monde – Grèce» by Haroula Constandinidou and Konstantinos Stavropoulos, French legal journal «Actualite’ Juridique Famille», December 2017 edition, Dalloz

 

“Matrimonial property regimes under Greek law and common practice, Greece” by Haroula Constandinidou, International Family Law Journal, 2017, Issue 3

“Matrimonial property regimes under Greek law and common practice, Greece” by Haroula Constandinidou, International Family Law Journal, 2017, Issue 3

According to the Greek law there are two systems regulating the property relations of the spouses: The system of property independence (system of separation of property art. 1397, 1400-1402 of the Greek Civil Code) and the system of community property (art. 1403-1416 CC).

Funding of the Hague Child Abduction Convention cases, Greece

«Funding of the Hague Child Abduction Convention cases, Greece» by Haroula Constandinidou, International Family Law Journal, 2017, Issue 1

The services provided by and through the central authority of each state in relation to applications submitted under the Hague Child Abduction Convention are free of charge (Article 26, Hague Child Abduction Convention). However, a contracting state may make a reservation under Article 42 regarding any costs incurred for legal counsel or advisers or for court proceedings, except insofar as those costs can be covered by its system of legal aid and advice. When Greece ratified the Hague Child Abduction Convention it made the above reservation as regards the costs (Article 1, Law 2102/1992 pertaining to ratification of the International Convention on the Civil Aspects of International Child Abduction). However, until mid-2013, all the requests regarding children under 16 years of age who had been wrongfully removed to Greece, were delivered by the Ministry of Justice, Transparency and Human Rights and were forwarded immediately to the Central Office of the State Legal Council which appointed one of the State lawyers to represent the requesting parent, free of charge, before the Greek courts. Since mid-2013, there is no such possibility. Each parent can only make use of legal aid, which is available in Greece under Law 3226/2004, provided the following prerequisites are met: According to the above law, legal aid is granted to all citizens of the European Union as well as to citizens of third countries who: 1)Have a legal permanent or habitual domicile in the European Union (only for citizens of third countries). 2) Have an annual family income which does not exceed two thirds of the lowest annual personal income provided by the National General Collective Working Agreement. The application must be supported by several certificates from state authorities evidencing the financial situation of the applicant and has to be submitted at least fifteen days before the trial for the award of legal aid. If successful, the applicant is granted legal aid covering all levels of jurisdiction including enforcement of any resulting order.

 

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