Legal issues Greece

In Greece, foreigners can get married through a civil or religious ceremony, both of which are legally recognized.

 

Main steps:

1. Publish a notice of intention to marry: 8 days prior to the application, it is required to publish a notice in a local newspaper indicating the couple’s intention to marry. Each party must make an individual announcement, applicable to both civil and religious marriages.

 

2. Obtain a marriage license: The application for a license is submitted to the local municipality. The license is issued within 8 days and is valid for six months. Third-party objections are possible during the application, which may affect the process (e.g., if there are legal impediments to marriage).

 

3. Documents for civil or religious marriage:

- Passport and residence permit (if required).

- Birth certificate with apostille and translation into Greek.

- Certificate of no impediment to marriage, certified and translated into Greek.

- Divorce decree or death certificate of a former spouse (if applicable).

- Copy of the newspaper with the marriage announcement.

 

Documents must be translated by a certified translator or at the consulate.

 

4. Ceremony and marriage registration: The ceremony can be conducted at the municipality (civil) or in a church (religious). A civil ceremony requires two witnesses with passports or identities. After the ceremony, the marriage must be registered with the civil registry office within 40 days. Failure to register the marriage results in it not being legally recognized and may incur a fine.

 

Additional nuances:

- Same-sex marriages are not yet recognized in Greece.

- In the case of marriage to a Greek citizen, the spouse may apply for a residence permit after marriage.

Registering a child's birth in Greece is a mandatory process that ensures your child’s legal recognition and access to public services, such as healthcare and education.

 

1. Obtain a birth certificate from the hospital: After the child is born in a hospital, a medical birth certificate will be issued. This document confirms the birth and is necessary for subsequent registration.

 

2. Gather necessary documents

 

For parents who are citizens of other countries, the following is required:

- Parents' passports: Both parents’ valid international passports.

- Residence permit: Documents proving legal residence in Greece.

- Marriage certificate: If the parents are married, a marriage certificate is required. A document issued outside of Greece must be apostilled and translated into Greek by a certified translator.

- Declaration of paternity: If the parents are not married, the father can officially acknowledge the child by signing the appropriate declaration.

 

3. Visit the municipal registration office: Registration is conducted at the civil registry office in the place of the child's birth or the parents’ residence.

 

4. Submit the registration application.

 

5. Adhere to registration deadlines: The child’s birth must be registered within 10 days of birth. Late registration may result in fines.

 

6. Obtain a Greek birth certificate: After successful registration, an official birth certificate in Greek will be issued.

 

7. Register the child at your country’s consulate.

 

Helpful tips

If difficulties arise, it is recommended to consult a lawyer specializing in immigration law in Greece.

1. Choosing a legal form

 

Various business forms are available in Greece. The most common are:

- Sole proprietorship

- Limited Liability Company (ΙΚΕ)

- Public Limited Company (Α.Ε.)

- General Partnership (Ο.Ε.)

- Limited Partnership (Ε.Ε.)

 

2. Legal Requirements for Immigrants

EU/EEA and Swiss nationals: Have the right to conduct business freely in Greece without additional permits.

Non-EU nationals: Must have a valid residence permit allowing work or entrepreneurial activities; in some cases, a Permit for Independent Economic Activity is required.

 

3. Main Steps for Business Registration

 

Obtaining a Tax Identification Number (ΑΦΜ)

- Individuals: Visit the local tax office (Δ.Ο.Υ.) with your passport and residence permit.

- Legal entities: The tax number is assigned during company registration.

 

Opening a Bank Account

- Required for share capital and financial transactions.

- Needed: passport and residence permit; company founding documents; proof of residential address.

 

4. Registration at the One-Stop Service Center for Entrepreneurs (ΕΚΕ).

 

5. Registration with the tax authority.

6. Registration in the social security system.

 

Additional Requirements

Licenses and Permits: Some activities require special licenses (e.g., medicine, education, public catering): Consult with relevant ministries or agencies for information.

Trademark Registration: Protect the company name and logo if necessary through the Industrial Property Organization.

 

Taxation and Accounting

 

- Corporate Tax: The standard rate for companies is 22% (as of 2023).

- VAT: Standard rate is 24%, reduced rates are 13% and 6%.

- Social Contributions: Mandatory for employers and employees.

- Accounting:

- Mandatory according to Greek standards.

- It is recommended to hire a qualified accountant.

 

Advice for Immigrants

Consultation with Professionals: Lawyers will help with legal aspects and documentation; accountants will ensure proper financial and tax reporting.

 

Useful Resources

 

- One-Stop Service Center for Entrepreneurs (ΕΚΕ):

- [www.businessportal.gr](http://www.businessportal.gr)

- General Commercial Registry (Γ.Ε.ΜΗ.):

- [www.businessregistry.gr](http://www.businessregistry.gr)

- Greek Tax Authority (ΑΑΔΕ):

- [www.aade.gr](http://www.aade.gr)

- Ministry of Development and Investments:

- [www.mindev.gov.gr](https://www.mindev.gov.gr)

- Industrial Property Organization:

- [www.obi.gr](http://www.obi.gr)

 

Note: This guide is informational and does not replace professional legal or financial consultation. For current information and personalized advice, it is recommended to consult qualified professionals.

The Role of a Notary in Greece

A notary in Greece confirms the authenticity of signatures, drafts documents according to laws, and ensures compliance with form requirements. The involvement of a notary is often required for:

- Real estate purchases and sales.

- Signing matrimonial and inheritance agreements.

- Issuing powers of attorney and wills.

- Conducting transactions requiring formal certification.

 

Need for Document Translation

All notary documents are drafted in Greek. Therefore, if you do not speak Greek, a translator will be needed to correctly understand the documents.

 

Involvement of a Translator for Notary Services

Greek law requires a translator's involvement if the client does not understand the Greek language.

 

Types of Notary Services Requiring Special Attention

 

Real Estate Purchase

- Real estate transactions require a notary's participation to register property ownership. It is important to clarify all aspects of the contract with the notary in advance, especially if you are not an EU citizen, as special permits may be required for purchasing real estate in some regions of Greece.

 

Issuing Powers of Attorney

- Issuing a power of attorney also requires notary participation, especially if the power of attorney is for managing a business or property.

- Foreigners can issue a power of attorney for representing their interests in Greek governmental bodies or for real estate transactions.

 

Inheritance Matters

- For the acceptance of inheritance or the drafting of a will, notarization is required.

- If the testator is abroad, recognition of the will in Greece will be needed through the notarial process.

 

Note: This guide is for informational purposes only. It is recommended to consult a qualified lawyer or notary to get up-to-date information, as laws and procedures may change.

Types of Divorce in Greece

There are two main types of divorce in Greece:

- Uncontested divorce

- Contested divorce

 

Uncontested Divorce

Conditions:

- Both spouses agree to the divorce.

- The marriage lasted at least 6 months.

- The agreement must be in written form.

 

Procedure:

Drafting a divorce agreement: Spouses, together with their lawyers, draft an agreement that outlines the terms of the divorce, child custody, alimony, and division of property.

 

Notarization: The agreement is notarized.

 

Court Registration: The notarized agreement is submitted to the court of first instance for official registration.

 

Required Documents:

- Identity cards or passports of both spouses.

- Marriage certificate.

- Divorce agreement.

 

Contested Divorce

Grounds:

- Spouses cannot reach an agreement.

- One of the spouses does not agree to the divorce.

- Serious reasons such as infidelity, violence, or abandonment.

 

Procedure:

Filing a claim: One spouse files a lawsuit in court through a lawyer.

 

Court hearing: The court hears the case, listens to both parties, and makes a decision.

 

Rendering a decision: The court issues a decision on the dissolution of the marriage and determines conditions for custody, alimony, and property division.

 

Timelines: The process can take from a few months to several years, depending on the complexity of the case.

 

Special Considerations for Immigrants

 

Jurisdiction: Greek courts have jurisdiction if at least one of the spouses resides in Greece. It is important to ensure that the Greek divorce decree will be recognized in your country.

 

Translation and certification of documents: All foreign documents must be translated into Greek by a certified translator and apostilled.

 

Interaction with consulates: You may need to notify your country's consulate about the divorce process. The consulate can provide additional information and assistance.

 

Child custody and alimony issues: Greek court decisions on custody and alimony are enforceable in Greece. If moving abroad, additional legal actions may be needed for their recognition.

 

Timelines and Costs

 

Timelines: An uncontested divorce typically takes 1 to 2 months. A contested divorce may last from several months to several years.

 

After the Divorce

Divorce registration: The court decision or notarized agreement must be registered in the municipal civil status registry.

Update documents: Update your marital status in official documents.

Impact on residence permit: Check how divorce may affect your residency status in Greece and apply accordingly for extension or modification of your residence permit if necessary.

 

Helpful Tips

- Consultation with a lawyer: Always consult a qualified lawyer specializing in family law and working with foreigners.

 

Note: This guide is for informational purposes only and does not replace professional legal advice. Laws and procedures may change, so it is recommended to consult qualified professionals for up-to-date information.

Types of Legal Services Available in Greece

 

Legal services in Greece include:

- Immigration consultations: Visa and immigration issues, obtaining and renewing residence permits.

- Business registration and commercial law: Support in company registration, contract formulation, and taxation.

- Real estate and property rights: Assistance with real estate transactions, sales contracts, leases, inheritance issues.

- Family law: Marriage, divorce, guardianship, inheritance issues.

- Labor disputes and labor law: Protection of workers' and employers' rights, working conditions, dispute resolution.

 

Main sources of legal assistance

 

Bar associations

Every major city in Greece, including Athens, Thessaloniki, and Piraeus, has a bar association that coordinates the activities of lawyers and can provide information about qualified professionals. Some associations offer free consultations for socially vulnerable groups.

 

- Athens Bar Association: [www.dsa.gr](http://www.dsa.gr)

- Thessaloniki Bar Association: [www.dsth.gr](http://www.dsth.gr)

- Piraeus Bar Association: [www.dsp.gr](http://www.dsp.gr)

 

Private law firms

Law firms provide services in various areas of law, including migration, business, tax law, and real estate. The choice of a law firm depends on the type of service you require and the firm's expertise in the relevant field.

 

Specialized legal platforms

Platforms operate in Greece where you can find and contact lawyers online. These platforms allow you to receive remote consultations and often offer fixed rates.

- Nomikos.gr and Lawspot.gr provide information about lawyers specializing in various areas of law and working with international clients.

- Apostille services and notary services are available online through official websites of the Ministry of Justice.

 

Non-governmental organizations

Some non-governmental organizations in Greece provide free legal aid to migrants, refugees, and other foreigners in need of support. Organizations like the Greek Council for Refugees and UNHCR Greece offer legal assistance on immigration and asylum matters.

 

Free and social legal services

 

Greece provides legal assistance to low-income individuals and those who cannot afford to pay for a lawyer's services.

- Free assistance for socially vulnerable groups: For example, on migration and asylum issues.

- Community and non-profit organizations: Such as the Greek Council for Refugees or the Association for the Support of Migrants and Refugees often offer free consultations.

 

A free legal aid program is also available for low-income individuals in legal proceedings.

 

Useful resources

- Ministry of Justice Greece: Official website with information on the rights of foreigners in Greece — [www.ministryofjustice.gr](http://www.ministryofjustice.gr)

- Greek Council for Refugees: Legal assistance for refugees and migrants — [www.gcr.gr](http://www.gcr.gr)

- UNHCR Greece: Legal information and assistance — [www.unhcr.org/gr](http://www.unhcr.org/gr)

- European Legal Aid Program for Refugees and Migrants: Support for refugees and asylum seekers.

 

Note: This guide is general and may not take into account all the specific features of your case. For precise information, it is recommended to consult a professional lawyer.

For foreigners, the translation of official documents must comply with strict Greek legal requirements, including the use of certified translators and, in some cases, notarization.

 

In Greece, the translation of official documents can be done by:

 

The Translation Service of the Ministry of Foreign Affairs

- This is a government body providing certified document translations. Translations performed by this service are recognized by all government institutions and courts in Greece.

 

Certified translators and members of the Hellenic Association of Translators

- The association gathers translators whose translations are recognized by official bodies.

 

Notarized translations

- Translations of some types of documents (e.g., birth certificates, marriage certificates, diplomas) may require notarization. A notary verifies that the translation is accurate and corresponds to the original.

 

 

Types of documents requiring official translation

 

Some of the documents that frequently require official translation for foreigners in Greece:

- Identity documents: Passports, birth certificates.

- Family documents: Marriage certificates, divorce papers, child custody documents.

- Educational documents: Diplomas, certificates, transcripts.

- Financial documents: Tax reports, bank statements, property documents.

- Business documents: Company charter, registration certificates, financial reports.

- Immigration and visa documents: Residence permit, work permits, registration cards.

 

 

Useful Resources

- Ministry of Foreign Affairs of Greece (translation service): [www.mfa.gr](http://www.mfa.gr)

- Hellenic Association of Translators: [www.pem.gr](http://www.pem.gr)

- Apostille system information: Published on the website of the Ministry of Justice in Greece, which also lists requirements for foreign documents — [www.ministryofjustice.gr](http://www.ministryofjustice.gr)

 

Note: For accurate information on specific requirements, it's best to contact the official authorities or a qualified lawyer.

The Greek judicial system consists of three main levels:

Courts of first instance

- Include civil, criminal, and administrative courts. These include magistrate courts and misdemeanor courts that handle minor disputes and minor criminal cases.

- Civil and criminal courts: Handle private civil and criminal cases that do not involve serious crimes or large property disputes.

 

Appellate courts

- Review appeals on decisions of the courts of first instance and can review cases on the merits, including based on new facts or evidence.

- There are appellate courts for both civil and criminal cases.

 

Supreme courts:

- Supreme Civil and Criminal Court: The highest court for criminal and civil cases, dealing with appeals on decisions of lower courts.

- Council of State: The highest administrative court in Greece, reviewing appeals on administrative court decisions, as well as issues of constitutionality.

- Court of Auditors: The highest body overseeing financial and administrative matters concerning public expenditures and the legality of financial acts.

 

Features of the judicial process

 

Language of the court: All court proceedings are conducted in Greek. Foreigners are advised to enlist translators or lawyers fluent in Greek and their native language.

 

Role of the lawyer: For successful representation in a Greek court, it is recommended for a foreigner to consult a lawyer, as the civil law system requires a deep understanding of Greek legislation and procedures.

 

Alternative dispute resolution system

 

In addition to the judicial system, Greece has alternative dispute resolution procedures:

- Mediation: Used for resolving commercial, civil, and family disputes. Mediation allows for avoiding lengthy court proceedings and reaching a compromise.

- Arbitration: Applied to complex commercial disputes, especially when both parties agree to arbitration.

 

Useful Resources

- Ministry of Justice of Greece: Information on the court system, participants' rights — [www.ministryofjustice.gr](http://www.ministryofjustice.gr)

- Hellenic Bar Association: Assistance in finding lawyers and legal assistance — [www.olomeleia.gr](http://www.olomeleia.gr)

- National Association of Mediators: Information on mediation in Greece — [www.mediation.org.gr](http://www.mediation.org.gr)

 

Note: For precise information relevant to your situation, it is recommended to consult a lawyer or official institutions in Greece.

Selection of property and conducting preliminary analysis

1. Determine the purpose of purchase: Investment, personal residence, obtaining a residence permit.

2. Preliminary analysis: Before making an offer, it is important to assess the property's value, legal validity, and compliance with local laws.

3. Contact a real estate agent: At the stage of selecting a property, professional help from an agent may be required, who will assist with the analysis and provide information on the legal validity of ownership.

 

2. Hiring a lawyer

 

It is recommended to hire a lawyer who will represent your interests and ensure compliance with all legal requirements:

- Title Check: A lawyer checks to ensure that there are no encumbrances, debts, ownership disputes, or legal claims on the property.

- Analysis of Transaction Conditions: A lawyer reviews the transaction conditions, ensuring their legality and the absence of hidden risks.

 

3. Obtaining a Tax Number

 

Foreigners need a tax number (ΑΦΜ) to purchase property in Greece, which can be obtained from the local tax office:

- You will need a passport and a residence permit (if available).

- A tax number is also required to open a bank account, pay taxes, and complete purchase documentation.

 

4. Opening a Bank Account

 

To purchase property, you will need to open a bank account in a Greek bank, where funds for the purchase and additional expenses will be transferred. All funds for the purchase must be transferred to your Greek bank account to fulfill tax obligations.

 

5. Signing a Preliminary Agreement (if required)

 

Signing a preliminary agreement is an optional but common step in the property purchasing process. The agreement outlines the main conditions of the transaction:

- Payment of deposit: The buyer deposits a sum towards the property’s cost, ensuring the property is held for purchase.

- Main terms of the transaction: The agreement specifies deadlines and conditions for final signing, the property price, and the parties involved.

 

6. Checking and Paying Taxes

 

Real estate purchase tax. Before completing the transaction, the buyer must pay the property transfer tax:

- Tax rate: The standard tax rate is about 3% of the property’s assessed value (as of 2023).

- Collection of tax documents: A lawyer or tax consultant can assist with tax calculations and gathering all necessary documents.

 

7. Signing the Main Sales Contract

 

The main sales contract is signed in the presence of a notary, a mandatory requirement for property transactions in Greece.

- Role of the notary: The notary certifies the transaction and ensures that ownership rights are transferred per the law.

- Payment of the remaining amount: After signing the main contract, the remaining amount is transferred to the seller’s account.

- Ownership registration: The notary registers the buyer's ownership rights in the State Land Registry.

 

8. Registration in the Land Registry

 

After signing the contract, the property must be registered in the land registry.

 

9. Obtaining a Residence Permit through Property Purchase

 

For foreign citizens from non-EU countries, purchasing property worth at least 250,000 euros grants the right to obtain a residence permit in Greece for the owner and their family members:

- Program conditions: The residence permit is granted for 5 years with the possibility of renewal.

 

10. Cost and Expenses of Property Purchase

 

Key expenses for purchasing property include:

- Legal fees: Typically around 1–2% of the property’s value.

- Notary fees: About 0.5–1% of the property’s value.

- Registration fee: Depends on the region and type of property.

- Purchase tax: Standard rate is 3%.

- Agency fee (if agency services were used): Usually 2–2.5%.

 

Useful Resources

- Ministry of Foreign Affairs of Greece: Information for foreigners on property purchasing — [www.mfa.gr](http://www.mfa.gr)

- Greek Land Registry: Verification of property data and registration — [www.ktimatologio.gr](http://www.ktimatologio.gr)

- "Golden Visa" Program for Investors: Details on obtaining a residence permit for property owners — [www.enterprisegreece.gov.gr](https://www.enterprisegreece.gov.gr)

 

Note: This guide is for informational purposes only and does not replace professional legal advice. Laws and procedures may change, so it is recommended to contact qualified specialists for up-to-date information.

Conditions for Prospective Adopters and Guardians

- Age and marital status: Prospective adopters must be at least 30 years old, and the age difference with the child must be at least 18 years. For guardianship, such strict age requirements do not exist, but courts may consider this factor.

- Family status: Adoptive parents can be either married couples or single individuals. However, preference is usually given to those who are married.

- Financial and social status: Candidates must demonstrate stable financial standing, have permanent housing, and the ability to provide for the child.

- Absence of criminal record and health condition: Candidates should have no criminal convictions related to threats to a child, and must present medical certificates confirming their mental and physical health.

 

Adoption Procedure

Application submission and preliminary document gathering: Candidates fill out an application and submit it to the social protection authorities, along with medical and financial documents, as well as certificates confirming the absence of a criminal record. For foreigners, all documents must be translated into Greek and notarized with an apostille.

Candidate evaluation and assessment: Social services conduct an inspection of living conditions and interview the candidates. In some cases, additional psychological evaluations may be conducted.

Court review: The case is referred to the family court, which makes the final decision regarding the adoption.

Finalization of adoption: Upon a favorable court decision, the adoption is registered in the state registry, and the child is issued a new birth certificate with the adoptive parents' last name.

 

Features of International Adoption

Additional requirements apply for foreign nationals adopting a child in Greece:

- An adoption permit issued in the candidate’s country of residence must be provided.

- Greek social services and courts must ensure that the adoption aligns with the child’s best interests and complies with international legal norms.

 

Guardianship Procedure

Guardianship is appointed in cases where biological parents are unable to fulfill their parental duties, such as due to incapacity or death.

Filing an application in court: Any interested person (e.g., a relative or social worker) can apply for the establishment of guardianship over the child.

Candidate assessment: The court and social services evaluate the candidate's ability to care for the child, examining their housing and financial conditions.

Court decision: The family court decides on the appointment of guardianship based on the child's best interests.

Legal and financial responsibilities: The guardian is obligated to perform parental duties, including providing the child with education and medical care. The guardian does not automatically have property rights to the child’s assets, but must manage them prudently until the child reaches adulthood.

Recognition of adoption and guardianship in other countries

After completing the adoption or guardianship process in Greece, foreigners may require official recognition of this status in their home country:

 

Helpful Advice for Foreigners

- Consult a lawyer specializing in family law: Adoption and guardianship are complex processes that require knowledge of Greek and international legislation.

 

Helpful Resources

- Ministry of Labor and Social Protection of Greece: Detailed information on adoption and guardianship rules — [www.ypakp.gr](http://www.ypakp.gr)

- Hague Convention: Overview of international adoption requirements — [www.hcch.net](https://www.hcch.net)

- UNICEF Greece: Programs and support for adoptive parents and guardians — [www.unicef.gr](http://www.unicef.gr)

Note: For precise information relevant to your case, it is recommended to consult a lawyer or contact the appropriate government agencies.