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Find a Lawyer in ThivaisAbout Family Law in Thivais, Greece
Family law in Thivais, Greece regulates marriage, civil partnership, separation, divorce, parental responsibility, child custody and contact, child and spousal maintenance, property claims between spouses or partners, domestic violence protections, adoption, and assisted reproduction. Greece has a national civil law system, so the core rules are the same across the country. Your case in Thivais will be heard in the local courts that serve Boeotia, most often the Single Member Court of First Instance of Thebes for family matters, with urgent protective measures heard on a fast track.
Recent legal reforms emphasize the best interests of the child, shared parental responsibility after separation or divorce, encouraged use of mediation, and clearer pathways for mutual consent divorce before a notary. Domestic violence laws provide for criminal sanctions and protective civil orders. Property and maintenance outcomes are guided by the Greek Civil Code and the Code of Civil Procedure.
Why You May Need a Lawyer
You may need a family lawyer in Thivais for many reasons. Common situations include separation or divorce, especially when you must agree on custody, contact schedules, child support, or spousal maintenance. A lawyer can draft a mutual consent divorce agreement that meets formal requirements and submit you to a notary or represent you in court if there is no agreement.
Parents often need help establishing or modifying custody and contact, calculating child support, or enforcing orders when the other parent does not comply. International elements can make cases complex, such as a parent wishing to relocate abroad with a child, recognition of a foreign divorce, or cross border child abduction under the Hague Convention.
Victims of domestic violence may require immediate protective measures, criminal complaints, safe housing referrals, and temporary custody or exclusion orders. Couples may also seek advice on civil partnerships, property claims after a relationship ends, prenuptial or marital agreements, or assisted reproduction and surrogacy approvals. Adoption and foster care procedures require careful compliance with statutory steps and suitability assessments. A local lawyer understands the courts in Thebes, filing practices, language needs, and timing, which can make a practical difference in your outcome.
Local Laws Overview
Marriage and civil partnership. Greece recognizes both civil and religious marriage. Civil partnerships are available to different sex and same sex couples and create rights and duties similar to marriage, particularly regarding property, maintenance, and parental status when applicable.
Divorce. There are two paths. Mutual consent divorce is finalized before a notary with each spouse represented by a lawyer and a written agreement that covers children and any maintenance. Contested divorce proceeds in court based on breakdown of marriage or specific grounds. Temporary measures can be requested for custody, home use, and support while the case is pending.
Parental responsibility, custody, and contact. Greek law presumes joint parental responsibility after separation or divorce unless the child’s best interests require a different arrangement. The child usually resides with one parent with substantial contact with the other parent. Courts aim to secure meaningful time with the non resident parent and may set a minimum threshold unless circumstances such as violence or neglect justify restrictions. Parenting plans can be approved by the court or notary in mutual consent cases.
Child support. Both parents must support their children according to the child’s needs and each parent’s financial capacity. There is no rigid national formula. Courts consider income, assets, special needs, and parenting time. Orders can be enforced through wage garnishments, bank seizures, and penalties for non payment.
Spousal maintenance. Maintenance for a spouse can be granted during separation and in limited situations after divorce, typically where the spouse cannot support themselves for specific reasons. It is usually time limited and based on need and ability to pay.
Property between spouses. Greece does not have community property by default. Each spouse generally keeps their own property. After divorce, a spouse can claim participation in the other spouse’s acquisitions during the marriage when they contributed to those acquisitions. Evidence of contributions is important. Marital agreements can regulate certain financial issues but cannot waive essential statutory rights in advance.
Domestic violence. Greek law provides criminal penalties and civil protective measures such as restraining orders, exclusive use of the family home, temporary custody, and supervised contact. Urgent measures can be granted quickly.
Mediation. An initial mediation session is required for many family disputes, except in emergency or violence cases. Agreements reached in mediation can be made enforceable by the court or notary.
Adoption and foster care. Adoption requires suitability assessments and court approval and follows international conventions for intercountry cases. Foster care is available with state support and supervision.
Assisted reproduction and surrogacy. Medically assisted reproduction is legal under conditions set by law. Gestational surrogacy is permitted on an altruistic basis with prior court authorization. Age limits, medical necessity, and residence or connection requirements apply.
International aspects. Greece applies European Union regulations in cross border family cases and is a party to key Hague Conventions, including the 1980 Convention on child abduction and the 1996 Convention on child protection. These instruments can affect jurisdiction, recognition of orders, and enforcement.
Frequently Asked Questions
What is the fastest way to get a divorce in Thivais
Mutual consent divorce before a notary is fastest. Each spouse must have their own lawyer. You sign a written agreement covering parental responsibility, residence, contact schedules, child support, and any spousal maintenance. After a waiting period and formalities, the notary issues the deed of divorce, which is then registered. Contested divorce in court takes longer.
How do courts decide child custody and contact
The court applies the child’s best interests and generally favors joint parental responsibility. It determines the child’s residence and a regular contact schedule with the other parent that secures meaningful time. Factors include the child’s age and needs, established care patterns, each parent’s capacity and cooperation, school stability, and any risk factors such as violence. The court can order supervised contact or limit contact if necessary for safety.
How is child support calculated
There is no fixed formula. The judge evaluates the child’s monthly needs and each parent’s income, assets, and actual parenting time. Expenses can include housing, food, clothing, education, medical and extracurricular costs. Support can be adjusted if circumstances change, such as job loss or new health needs.
Can I relocate with my child to another city or abroad
Relocation that affects the other parent’s contact usually requires consent from the other parent or a court order. The court will weigh the reasons for the move, the impact on the child, education and support arrangements, and whether a revised contact plan can preserve the relationship with the other parent. Relocating without authorization can lead to legal consequences and orders for return.
What protections exist for victims of domestic violence
You can seek urgent protective measures from the civil court, such as restraining orders, exclusive use of the residence, temporary custody, and supervised contact. You can also file a criminal complaint with the police or prosecutor. Shelters and social services are available for emergency accommodation and counseling. A lawyer can help you prepare evidence and file fast track applications.
How are property issues handled when we separate
Each spouse keeps their own property. If one spouse contributed to acquisitions made by the other spouse during the marriage, they can claim a share of the accrued gains. Evidence such as bank records, invoices, and testimony is important. Household contents can be allocated by agreement or by court decision as part of temporary or final measures.
Will a foreign divorce be recognized in Greece
Many foreign divorces are recognized if jurisdiction was proper and both parties had an opportunity to be heard. For EU judgments, European regulations apply. For non EU judgments, recognition may require a Greek court procedure to confirm that basic conditions are met and there is no conflict with Greek public policy. A lawyer can assess the documents you have and the correct path to recognition.
Do we have to try mediation
In many family disputes an initial mediation session is required before the main hearing. Cases that involve urgent measures or domestic violence are usually exempt. Mediation can produce a quicker and more flexible agreement, which can then be made enforceable. If no agreement is reached, the case proceeds in court.
What are my rights in a civil partnership
Civil partners have many of the same rights and duties as spouses, including maintenance claims, recognition of parental status where applicable, and rules on property claims when the partnership ends. Procedures for separation and related orders are similar to divorce in key respects.
Is surrogacy legal in Greece
Gestational surrogacy is allowed on an altruistic basis with prior court approval. The court reviews medical necessity, the parties’ suitability, and the terms of the arrangement. Financial compensation is limited to expenses. Specific age and residence or connection conditions apply. Legal parentage is established through the court order.
Additional Resources
Court of First Instance of Thebes Protodikeio Thivon. Handles family cases for Thivais and wider Boeotia, including temporary measures.
Public Prosecutor’s Office in Thebes. Receives criminal complaints in domestic violence cases and coordinates urgent protective actions for minors.
Thebes Bar Association Dikigorikos Syllogos Thivon. Provides lawyer directories and information on legal aid eligibility.
Citizens’ Service Centers KEP in Thivais. Offer guidance on certificates, registrations, and basic procedural information.
Greek Ministry of Justice. Publishes laws, procedural guidance, and information on mediation.
Greek Ombudsman - Deputy Ombudsman for the Rights of the Child. Assists with issues related to children’s rights and public services.
National Center for Social Solidarity EKKA. Coordinates shelters, social services, and support for victims of violence and vulnerable families.
Accredited Family Mediation Centers in Central Greece. Provide initial mediation sessions and full mediation services with trained mediators.
Municipal Social Services of Thebes. Offer counseling, welfare referrals, and family support programs.
Legal Aid under Law 3226 or its successors. Low income individuals can apply for free legal representation in qualifying family cases through the local court and Bar Association.
Next Steps
Clarify your goals and gather documents. Collect marriage or partnership certificates, children’s birth certificates, proof of residence, income records, school and medical records for children, bank statements, property titles, leases, and any evidence relevant to your case such as messages or police reports.
Seek an initial legal consultation. Speak with a family lawyer in Thivais or nearby who regularly appears before the Thebes courts. Ask about strategy, likely timelines, costs, and whether mediation is required or advisable in your situation.
Consider safety and interim measures. If there is risk of harm, discuss immediate protective orders, temporary custody, and support. Do not delay if safety is at stake.
Explore mediation. If appropriate, prepare for the mandatory initial session and think about a parenting plan, holiday schedules, and financial arrangements. Agreements can save time and reduce conflict.
Budget and check eligibility for legal aid. Request a clear fee estimate and payment plan. If your income is low, apply for legal aid through the local court with supporting financial documents.
File or formalize agreements. For mutual consent divorce, coordinate the notary process with both lawyers. For contested matters, your lawyer will file petitions and applications for temporary measures as needed.
Follow court orders and keep records. Comply with contact schedules and support payments. Keep receipts and logs, especially if you anticipate enforcement or modification requests.
Update arrangements as circumstances change. If incomes, schools, or residence change materially, consult your lawyer about modifying orders or agreements lawfully.
This guide is informational. Family cases are fact sensitive. For advice tailored to your situation in Thivais, consult a qualified family lawyer familiar with the Thebes courts and local procedures.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.