Information on Family Law
In conjugal relations and those of spouses and their children, the realistic weighing of the interests of each party is the basis for choosing the best out-of-court or judicial solution. It is our daily observation that the high emotional charge caused by these differences does not allow our clients to make such a weighing in the first place.
What to watch out for in consensual divorces:
Today, with the simplification of the process of issuing consensual divorces introduced by the new law 4507/2017, the whole process is handled out of court and with greater speed. An important aspect, however, continues to be the agreement of the parties in relation to their obligations and rights towards their minor children (maintenance, communication of minors).
Diligence in the drafting of this agreement and the correct wording of its terms in many divorce cases of our clients served their interests even after a period of many years after the dissolution of their marriage.
Disputed divorces:
In the cases of contested divorces, in the most frequent cases, the solution of invoking the two-year separation as a reason for the dissolution of the marriage is followed by the Court. In the big cities, the burden of the courts is such that the trial set after the filing of the relevant lawsuit covers the two-year dimension, which according to the law is an irrefutable presumption of a strong shock to the married life. It has even been judged that the completion of the two-year anniversary is not affected by the opportunistic attempts to re-approach the couple.
Unfortunately, it is no longer a rare phenomenon, in view of a contested divorce (and the consequences that this entails, e.g. custody of minors) that "incidents" even of sexual abuse of children are reported with the obvious purpose of "targeting" one spouse by the another for upcoming litigation. However, properly dealing with such malicious tactics always leads to the opposite results.
Divorce Cases:
Custody of minors:
Custody of minors is awarded to one of the two spouses after the dissolution of their marriage and includes all care for the child's daily living. In limited cases and under special conditions, the courts jointly determine the custody of both parents.
The sole criterion of the court's decision is the interest of the minor child. Decisive factors influencing the court's decision are the bond with other family members (siblings, grandparents and other relatives). In cases where the dissolution of the marriage results in relocation (moving to another place) of one of the spouses, then the bond of the minor with the place of each and possibly with the school he attended until then is considered crucial. As long as the age of the children allows it (usually over 7 years old) the deciding judge asks to hear their opinion at a pre-arranged appointment.
It is important to emphasize that custody is in no way connected to the reason why the marriage was dissolved in the first place. Even the spouse who caused the dissolution of the marriage with his behavior can be awarded custody.
Nutrition calculation:
The question "what am I obliged to pay in maintenance" is the most basic question in cases of divorce or the existence of children out of wedlock. First of all, it must be clarified that the maintenance obligation rests with the spouse to whom custody of the minor child(ren) has not been awarded. Alimony primarily concerns the children until they reach the age of 18 , however, in cases of studies, the court may award alimony until the completion of university studies, even at postgraduate or dictatorial level.
What is considered:
Alimony for each minor is awarded after first assessing the total amount of needs (food, clothing, education, extracurricular activities, tutoring, holidays, social events, etc.) and then calculating the possibility of each spouse to contribute to them. In practice, the judge ends up with an equation, in which on one side is the amount of the child's necessary expenses on a monthly basis and on the other is the ratio of the possibility (in fraction) of each spouse to cover them.
The basic needs of the child are known to the court and easily assessed by it. The child's exceptional needs (e.g. financial expenses for treatment or hospitalization in cases of illness or extracurricular activities) are the subject of proof and correct citation by the lawyer handling the case.
In addition, the phenomenon of concealment of income by the spouse liable for alimony is particularly common, especially when his income is not readily apparent from the (joint) tax return or it is not known to the spouse requesting alimony on behalf of the minor (e.g. in cases of freelancers or incomes abroad). Access to the spouse's tax information is possible after a public prosecutor's order, as it has been judged that in these cases the child's legitimate interest in knowing the financial capabilities of the dependent-parents overrides tax confidentiality.
In the rare case of the existence of income in the name of the minor (e.g. rent), the amount of maintenance can be significantly reduced. It is pointed out that non-payment of alimony entails serious criminal consequences. However, it has been decided that in some cases this omission can be forgiven by the court.
Right to contact the children:
Communication refers to the ability of the parent, who does not have custody of the child, to communicate. Communication cannot be forced on the parent as it is their right and not their obligation. Common agreements (and always if the minor's age allows) include at least one weekly overnight stay with the non-custodial parent, as well as some weekends each month and alternating stays with them during holiday periods when school is in session. holidays (Christmas, Easter). Similarly, the overnight stay with the parent for a few days during the summer holidays is also usually agreed (or in case of dispute is determined by the court).
It must be emphasized that the courts tend (and rightly so) to facilitate communication with parents, as this contributes to the proper development of the minor. For this reason, they do not link the cause or the circumstances of your separation with this right, nor with the payment or non-payment of alimony.
