Obtaining a divorce decree is often a quite complicated and emotionally demanding procedure and the process becomes considerably more challenging when its legal effects extend to the rights and obligations of the parties within the Greek territory. For the purposes of recognition and enforcement of a foreign divorce decree in Greece, certain substantive requirements must be satisfied and the applicable recognition procedures must be duly followed.
LEGAL PROCEDURE FOR NON EU STATES
As a prerequisite for the recognition of the foreign divorce decree, a lawyer must initiate the court proceedings by filing an application before the competent Court of First Instance, following which a judicial decision must be issued recognizing the so-called res judicata of the foreign judgment within the Greek territory. A fundamental prerequisite for the commencement of such proceedings is that the foreign judgment be irrevocable and final, in the sense that no further legal remedy may be brought against it. Depending on the court of origin, the finality of the judgment may be expressly indicated on the judgment itself; otherwise, a relevant certificate attesting to the finality of the judgment must be issued.
The conditions examined by the Greek judge in the course of the recognition proceedings are set in Article 323 of the Greek Civil Procedure Code, namely:
1. The foreign judgment must produce res judicata according to the law of the place where it was issued
2. The case fell within the jurisdiction of the courts of the place where the judgment was issued
3. The “defeated” party was not deprived of the right to defend himself/herself or the right to participate in the proceedings.
4. Such foreign judgment is not irreconcilable to a judgment rendered by a Greek court in the same case,
5. Is not contrary to public morals or policy, meaning that the foreign judgement is consistent with the greek fundamental principles.
Upon issuance of the greek judgement of recognition, the lawyer proceeds with the appropriate service of such judgement and the issuance of the relevant certificates. The final step prior to the completion of the recognition procedure is the registration of the judgement to the competent Special Registry Office.
WHAT ABOUT EU MEMBER STATES ?
The Council Regulation (EU) no. 2201/2003 widely known as Brussels IIa, as repealed by Regulation 2019/1111, has established the so-called «Abolition of exequatur» according to which a divorce judgement given in an EU Member State shall be recognized in the other Member States without court proceedings being required (with the exemption of Denmark). The only documents that need to be provided from the court of origin are a copy of the foreign divorce judgment as well as the Certificate of article 39, duly legalized and translated.
The recognition procedure is finally completed upon the registration of the divorce judgment in the Special Registry Office.
Did you know that the Court of Justice of the European Union (CJEU) has held that a divorce act drawn up by a Civil Registrar of a Member State, containing a divorce agreement concluded by the spouses and confirmed by them before that registrar in accordance with the requirements laid down by the legislation of that Member State, constitutes a “judgment” within the meaning of Brussels IIa Regulation?
In case C-646/2020, CJEU has held that in matrimonial matters the concept of ‘judgment’ encompasses any decision relating to divorce, irrespective of its designation, issued by a competent authority of a Member State, with the exception of the authorities of Denmark. Accordingly, even where the law of the country in question provides for an extrajudicial divorce procedure whereby the dissolution of the marriage is recorded by a civil registrar, such act may nevertheless qualify as a “judgment” for the purposes of EU law and, as such, benefit from automatic recognition in Greece, without the need for a separate recognition procedure, provided that the conditions laid down by EU law are satisfied.
BILATERAL INTERGOVERNMENTAL AGREEMENTS
Greece has also entered into bilateral intergovernmental agreements with countries such as Syria (ar. 26 of L. 1450/1984), Romania (ar. 25 of Legislative Decree 429/1974), Georgia (ar. 26 of L. 2813/2000) and Armenia (ar. 22 of L. 3007/2007) under which, likewise, the recognition of a foreign court judgments does not require the initiation of proceedings before the Greek courts.
Our lawyers at Georgaki & Partners Law Firm possess the requisite expertise and extensive experience in handling challenging matters of this legal nature. With offices in Athens and Thessaloniki, our firm is well positioned to provide you with comprehensive legal guidance and support. You are more than welcome to contact us, and our team will be delighted to assist you and guide you through every stage of the process.