Our office has acquired rich judicial and advisory experience by handling the cases of its clients, many of whom, due to their reputation, have been in the news for a long time.

In particular, he specializes in issuing consensual and adversarial divorces, in providing temporary and final judicial protection on applications and actions for maintenance, contact, acquisitions during marriage, adoptions, etc.

Often, serving the need for a consensual resolution of disputes between spouses, he sought and achieved out-of-court settlement for the benefit of his clients, especially when such a solution was dictated by the well-intentioned interest of their children. In exceptional cases of obstruction of communication or problematic exercise of custody, he sought the assistance of the Juvenile Prosecutor, whose catalytic intervention brought a favorable result.

In the criminal part, he sought and achieved the timely payment of the alimony awarded, through the filing of a lawsuit by his clients against the parties liable for its payment.

The new family law (Law 4800/2021)

The legislative changes of Law 4800/2021 in family law mark a new era for the issues arising from the breakdown of the marital union of a couple with children. The main changes concern the regulation of communication of children and other issues related to custody with the ultimate goal of ensuring the fragile psychology of children and protecting their smooth development from the point where their parents decide to live separately. The primary concern is the best interests of the child, his/her residence, communication and contact with both parents, so that he/she can form a healthy and integrated personality with the active participation of both parents.

The new law attempts to introduce as many safeguards as possible and to promote equality between parents without gender discrimination in order to avoid harsh rivalries that result in traumatizing the psychology of children, who often witness arguments, verbal attacks, episodes and general tension, and even incidents of domestic violence. While other times they are "used" by the parents or by one of them to maintain the rivalry between them that concerns their own relationships. In fact, the more recent and painful the separation, many parents are unable, especially in the early days, to act calmly and rationally in regulating issues concerning the child, and even if these are resolved through legal means, in practice problems are created that ultimately have the child as the only recipient, who even at a very young age subconsciously perceives the tension and lack of understanding.

The court must examine the real relationship of the parents with the children and the behavior they have shown towards each other and towards the child. Furthermore, the judge should have as its main guideline the best interests of the child, the substantial participation of both in his care, the prevention of the alienation of the parent who does not have custody from the child, weighing the contributions of the parents. At the same time, the institution of the family mediator appears, who, when the need arises from the problematic exercise of parental responsibility, will undertake to maintain the balance, both at the initiative of one of the two parents and by decision of the court.

Law 4800/2021 provides a special basis a) in education, where parents must cooperate with the school and, if necessary, seek the assistance of competent state services or public organizations, b) at the child's residence, which is defined as the place of residence of the parent with whom he or she resides. If one of the two parents moves to another city, the child's legal residence does not change, unless there is a written agreement of the parents to the contrary or a court decision. This will attempt to stop cases of changing the child's place of residence on the initiative of the parent who has custody without the information and consent of the other who by law now exercises parental responsibility, c) in serious decisions for the child, such as school and other matters of his education and activities, which will be jointly decided by both parents and d) in personal communication which is not only a right but also an obligation, every parent must therefore facilitate it at all times and especially when the child lives with him, e) to easier resolution of issues concerning children born out of wedlock.

However, the most important changes concern f) parental responsibility, which is exercised by law equally and jointly by both parents, unless the parents arrange its distribution in writing in a different manner and g) communication, where the system of minimum contact with physical presence is provided and is determined at 1/3 of the total time, unless the parent wishes less contact time. In practice, if after the separation of the parents the mother retains custody, then the father will have the right to minimum contact at 1/3 of the total time. It remains to be seen in practice, with the first court decisions, how the percentage of minimum contact will be calculated, that is, whether it will be determined in hours of the day, days, combined or in some other way. Thus, the two parents can agree between themselves on the time of contact with the children, but if the issue is resolved in court, neither parent can have less time than 33.33% of the total time of the child including overnight stays.

It is clearly stated that parents do not have the right to prevent communication with grandparents and any third person with whom the child has developed a socio-emotional relationship.

It is now explicitly introduced, with the amendment of article 1532 of the Civil Code, that if the father or mother violate the duties imposed on them by their function for the custody of the child's person or the administration of his property or if they exercise this function abusively or are unable to respond to it, the court may, if requested by the other parent or the child's closest relatives or the prosecutor, order any appropriate measure.

The following constitute, by law, poor exercise of parental responsibility in particular: a. the culpable non-compliance with decisions and provisions of judicial and prosecutorial authorities concerning the child or with the existing agreement of the parents on the exercise of parental responsibility, b. disrupting the child's emotional relationship with the other parent and his/her family and causing in any way a breakdown in the child's relationship with them, c. the culpable violation of the terms of the parents' agreement or the court decision regarding the child's communication with the parent with whom he or she does not reside and the obstruction of communication in any other way, d. the poor exercise and culpable omission of the exercise of the right of contact by the entitled parent, e. the unjustified refusal of the parent to pay the maintenance awarded to the child by the court or agreed upon between the parents, f. the conviction of the parent, by final court decision, for domestic violence or for crimes against sexual freedom or for crimes of economic exploitation of sexual life.

The court, in the above cases, may remove from the guilty parent the exercise of parental responsibility or custody, in whole or in part, and assign it exclusively to the other parent, as well as order any appropriate measure to safeguard the child's best interests.

The new law has recorded the most common actions or omissions that occur in practice in the context of the exercise of parental duties, so that each of the above behaviors a - f can now be punished, beyond the possible criminal level, by any appropriate means and by removal of custody or parental responsibility. It is therefore a very important legislative change that the law now explicitly defines what constitutes poor exercise of parental responsibility.

Finally, court decisions that have been issued until now in accordance with the previous law can be reformed with a newer court decision upon request of any of the parents. Simply put, each parent can claim what the new law stipulates by going to court, which can substantially change the relationship and communication with their child.

Mutual divorce

Divorce by mutual consent is the simplest and fastest way to dissolve a marriage. Recent legislative changes have also moved in this direction, by which the court is avoided and the divorce is signed before a Notary. Now, for spouses who have decided to dissolve their marriage by mutual consent, this, with the immediate and flexible assistance of our office, can be done within two weeks and at a low cost. fake iced out watchesInternet. At the same time, in the case of a minor child, in order to avoid legal claims for maintenance and contact that are further costly for the client, it is important to know that with a consensual divorce, these issues can be regulated by a private agreement, which also assigns custody of the child. The above constitutes a financial relief for the couple who wishes to separate at minimal cost but at the same time also entails avoiding the inconvenience and emotional burden that accompanies every court.

Divorce of two years' separation

According to the Civil Code, if the spouses have been separated continuously for at least two years, the breakdown is irrefutably presumed and a divorce can be requested, even if the reason for the breakdown concerns the person of the plaintiff. In simpler words, if the spouses have been separated for at least two years, either of them can request the dissolution of the marriage through the courts, it is sufficient to prove only that they have been physically and mentally separated for two years and there is no desire to live together. In reality, it is the simple form of adversarial divorce and makes it easier for the spouse who wants to separate formally without needing the assistance or agreement of the other. Nowadays, cases of spouses who live separately for a long time without maintaining contact, but who have not divorced for either financial or other reasons, are more common, and at some point one of the two wants a divorce to be issued. In these cases, a two-year separation divorce is the most appropriate and does not entail particular legal hassle and expenses.

Divorce with litigation

In the event that the spouses or one of them refuses to divorce or to divorce by consent and there has not been a two-year separation, the legal procedure is followed before the Single-Member Court of First Instance. The action may be brought by either spouse and the subject of proof is the serious breakdown of the marriage for a reason that concerns the person of the defendant or both spouses. Serious breakdown exists when the continuation of the spouses' cohabitation becomes justifiably unbearable. Indicatively, the law sets five rebuttable presumptions of serious breakdown, without this excluding other additional reasons for the breakdown of the marriage. These are considered to be adultery, bigamy, abandonment, attempted suicide and domestic violence. Often, events occur that are offensive to the dignity of the spouse, such as insults, belittling, scenes of jealousy, unbearable pressure, etc. It is important to point out that the outcome of the court, i.e. in favor of which of the two spouses the divorce will be issued, is not of a formal nature or is only a matter of moral justification, but plays a key role in financial and property issues that exist between the spouses or will arise in the future. This is why a responsible and methodical approach to specific cases is required in order to defend the client's interests in the most effective way.

Child nutrition

The maintenance of a minor child can be agreed upon by the parents out of court so that there is no need to resort to the court which entails a temporary but also final decision, which is valid for two years, which means that it will have to be regulated anew. Our office has often been instrumental in finding a mutually acceptable and advantageous solution for the parents and especially for the child. However, the issue of maintenance of the child is usually a field of legal dispute between the parents, which is why the assistance of an experienced lawyer is necessary who, with a methodical approach to the case, will defend the interests of his client in parallel with the interests of the child. Maintenance is defined as the totality of the needs of the minor, which depend on but are also adjusted according to the circumstances and the needs of each case. There are no institutionalized methods of calculating maintenance or specific amounts depending on age and circumstances, and this is judged for each case separately and freely. This means that maintenance is a subject of proof before the court. The needs covered by the term maintenance are, in addition to maintenance, clothing and footwear, cleanliness and hygiene, shelter, heating, education, medical care, entertainment, etc. Finally, it should be noted that the child himself, when he becomes an adult, may, mainly during his studies, request the payment of maintenance. This request is independent and is made by the adult child against one or both of his parents.

Spouse's maintenance

Under certain conditions, the spouse may also apply to the court for maintenance from the other spouse in the event that he/she is unable to secure it from his/her income and property. This mainly applies to the mother who, while raising their child alone, is unable to work or is prevented from finding suitable work due to insufficient professional training and circumstances. Another important reason for awarding maintenance to the spouse are health problems or age that do not allow him/her to work, professional training and other factors that are assessed on a case-by-case basis. The amount of maintenance is decided each time by the court.

Child communication

The communication of the non-custodial parent with his child is considered essential for the child's smooth mental development and progress. Usually, the one who communicates is the father, since in most cases the mother exercises custody. Of course, he himself must also desire it in order to provide his child with his devotion and love that will contribute to the formation of his character and emotional world. Therefore, as long as the child's best interests dictate it, communication with him is a sacred and legal right. The exception is cases where communication may be detrimental to the child. Communication can also be agreed upon out of court if the parents so wish, otherwise it is directly regulated by the court, usually for every second weekend, that is, every two weeks and often midweek. However, this depends on each case separately and is decided by the competent court. In any case, we must not forget that the interests of the minor child require stable and meaningful communication that will bridge the gap created by his parents' divorce.

Participation in acquisitions

Each spouse retains a claim to participation in the increase in the property of the other that occurs during the marriage and is also due to his or her own contribution. An increase in property exists when the value of the property at the critical time of its calculation is greater than its value at the time of the marriage. The critical time for the calculation of the final property is considered to be death or, in the case of dissolution of the marriage by divorce or annulment, the time when the relevant decision becomes final. In the case of a three-year separation, in view of the fact that the exercise of the claim based on the completion of three years from the marital separation is conditional on the marriage not having been dissolved or annulled, the increase in the property of the liable spouse must be traced back to the time of the exercise of the action under article 1400 of the Civil Code, since the law does not define a specific starting point for the origin of this claim, since it is sufficient that the separation of the spouses has lasted more than three years. The claim of each spouse is personal and has autonomy in relation to the corresponding claim of the other. For the calculation of the increase in property, the initial and final property of the spouse are valued and a necessary condition is the contribution of the other spouse to it. The contribution may have been made in any way, such as by working at home and in the household, by engaging in the upbringing of the child or children that allows the other spouse to have time for his or her profession and therefore earn money from it, by providing capital for investment, etc. Therefore, there are not a few spouses who, for the good of their family, dedicated their years of marriage to helping or facilitating the other spouse and after the separation found themselves wronged. They are therefore given the opportunity to claim their above contribution in money, so that in this way, on the one hand, a financial balance can be achieved and, on the other hand, they can also be morally justified for what they provided gratuitously during their marriage.

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