The family law lawyer aims for: in spousal relationships and in those between spouses and their children, a realistic balancing of each party’s interests is the basis for choosing the most appropriate out-of-court or judicial solution. The family law lawyer notes daily that the high emotional charge caused by these disputes does not initially allow clients to undertake such a balancing exercise. The transition to a family law lawyer is often difficult, especially when it concerns family matters. When it comes to separation or divorce, possibly with a child involved, the decision to consult a lawyer is stressful and challenging. Both emotionally and financially, the family situation changes. As family law lawyers in Athens, we stand by you with advice and professionalism in these difficult moments. We take seriously the situation in which you find yourselves and address your personal needs and concerns.
Family law lawyer and divorce cases:
CONSENSUAL DIVORCE
Today, with the simplification of the procedure for issuing consensual divorces introduced by the new Law 4507/2017, the entire process is handled out of court and with greater speed. However, an important aspect remains the agreement between the parties regarding their obligations and rights towards their minor children (alimony, contact with minors).
Diligence in drafting this agreement and the proper formulation of its terms in many of our clients’ divorce cases serves their interests even many years after the dissolution of their marriage. Even if emotions are running high on one side, it is sensible to contact a family law lawyer very early on.
CONTESTED DIVORCE
In contested divorce cases, the most common solution adopted by the court is the invocation of the two-year separation as a ground for dissolution of marriage. In large cities, the court backlog is such that the hearing date set after the filing of the relevant lawsuit covers the two-year separation period, which by law constitutes an irrebuttable presumption of strong breakdown of marital cohabitation. It has indeed been held that the completion of the two-year period is not affected by occasional reconciliation attempts by the couple, a point which the family law lawyer must emphasise.
Unfortunately, it is no longer rare, in view of a contested divorce (and its consequences, e.g. custody of minors), for “incidents” — even of sexual abuse of children — to be reported with the obvious aim of “targeting” one spouse by the other in the upcoming court disputes. However, the proper handling of such malicious tactics always leads to the opposite outcome. Unfortunately, out-of-court clarification is often not possible, which is why you should always consult a lawyer specialising in family law.
CUSTODY OF MINORS
Custody of minors is awarded to one of the two spouses after the dissolution of their marriage and includes all the care for the daily life of the child. In limited cases and under special circumstances, the courts award joint custody to both parents.
The sole criterion for the court’s decision is the interest of the minor child. Decisive factors influencing the court’s decision are the child’s bond with other family members (siblings, grandparents and other relatives). In cases where the dissolution of marriage entails relocation (moving to another place) of one of the spouses, the bond of the minor with each one’s place of residence and any school previously attended is also considered crucial. Provided the children’s age permits (usually over 7 years old), the deciding judge requests to hear their opinion as well at a pre-arranged appointment.
It is important to emphasise that custody is in no way connected, in principle, with the reason why the marriage was dissolved. Even the spouse who caused the dissolution of the marriage by their behaviour may be awarded custody. The family law lawyer takes charge of every detail of your case.
CALCULATION OF ALIMONY
The question “what am I obliged to pay in alimony” is the most fundamental question in cases of divorce or children born outside marriage. First of all, it must be clarified that the alimony obligation falls upon the spouse who has not been awarded custody of the minor child(ren). Alimony concerns, in principle, the children until they reach 18 years of age; however, in cases of studies, the court may award alimony until the completion of university studies, even at master’s or doctoral level.
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 each spouse’s ability to contribute to them. In practice, the judge arrives at an equation in which on the one hand stands the amount of necessary expenses for the child on a monthly basis, and on the other the proportion (as a fraction) of each spouse’s ability to cover them.
The basic needs of the child are known to the court and easily assessed by it. The exceptional needs of the child (e.g. financial expenses for treatment or hospitalisation in cases of illness, or extracurricular activities) are subject to proof and proper presentation by the lawyer handling the case.
Furthermore, particularly common is the phenomenon of concealment of income by the spouse obliged to pay alimony, especially where his income does not readily appear from the (joint) tax return or where it is not known to the spouse seeking alimony on behalf of the minor (e.g. in the case of self-employed persons or income earned abroad). Access to the tax records of the spouse is feasible following a public prosecutor’s order, since it has been held that in such cases the legal interest of the child in knowing the financial means of the parents-obliged-to-pay-alimony overrides tax confidentiality. Furthermore — as has been accepted in a relevant case handled by our firm — any evidence proving or even reasonably suggesting the existence of income abroad is taken into consideration and may lead to a very significant increase in the amount of alimony payable by the parent.
In the rare case of income existing in the name of the minor (e.g. rents), the amount of alimony may be significantly reduced. It is noted that non-payment of awarded alimony entails serious criminal consequences. It has been held, however, that in certain cases this omission may be excused by the court.
RIGHT OF CONTACT
Contact refers to the ability to communicate with the parent who does not have custody of the child. A parent cannot be compelled to exercise contact, since it constitutes their right and not their obligation. The usual arrangements (and always provided that the minor’s age permits) include at least one weekly overnight stay with the non-custodial parent, as well as some weekends each month, and alternating residence during the holiday periods when school holidays take place (Christmas, Easter). Similarly, an overnight stay with the parent for some days during the summer holidays is usually agreed (or, in the event of dispute, determined by the court).
It must be emphasised that the courts have a tendency (and rightly so) to facilitate contact with parents, since this contributes to the proper development of the minor. For this reason, they do not link the cause or circumstances of the separation with this right, nor with the payment or non-payment of alimony. Unfortunately, an out-of-court resolution of family relationships is often not possible, which is why you should always consult a lawyer specialising in family law.
- See also article Revocation of Decision on Interim Measures
- See also article Divorce
- See also article Relocation of Family Home
- See also article Joint Custody of Child
- See also article Child Alimony – Methods of Collection
- See also article Child Custody and Abduction
- See also article Change of City for Minor Children
- See also article Surrogate Mother – Court Authorisation
FREQUENTLY ASKED QUESTIONS ABOUT FAMILY LAW LAWYERS
1. How quickly is a consensual divorce issued today?
Under Law 4509/2017, consensual divorce is issued out of court, without a court hearing. The spouses, through their lawyers, sign a written agreement for the dissolution of the marriage, which is certified by the lawyers and submitted to a notary public. Approximately ten days elapse between the submission and the drawing up of the notarial deed, while the entire process is completed within one to two months, depending on the parties’ availability. Where there are minor children, a special agreement on custody, alimony and contact is also required, which remains valid for at least two years and constitutes the most critical point requiring attention.
2. What criteria does the court apply for custody?
The sole criterion, according to the law, is the interest of the minor child. The court weighs the child’s bond with each parent, the daily care provided by each up to that point, the bond with siblings, grandparents and the wider family environment, as well as with the place of residence and the school. The cause of dissolution of marriage, as a rule, does not affect the decision on custody. When the child is over seven years old, the judge usually requests to hear the child’s own opinion at a separate appointment, without the presence of the parents.
3. How is the alimony for a minor child calculated?
The judge first assesses the total amount of the child’s needs on a monthly basis: food, clothing, education, extracurricular activities, tutoring, medical care, holidays. The judge then allocates the coverage of these needs proportionally to each parent’s financial ability. The parent exercising custody is deemed to contribute also through their physical presence and care. In cases of concealment of income, particularly by self-employed persons or with income earned abroad, access to the tax records of the obliged party is feasible following a public prosecutor’s order, since the child’s interest overrides tax confidentiality.
4. How long does a contested divorce take?
Contested divorce is usually based on the two-year separation, which constitutes an irrebuttable presumption of strong breakdown of marital cohabitation. In large cities, due to the court backlog, the hearing date is often set so far ahead that the two-year period is covered by the time of the hearing. From the filing of the lawsuit until the issuance of a final and irrevocable judgment, two to three years usually elapse. In parallel, for matters of custody, alimony and contact, the lawyer may file an application for interim measures which is heard within a few months and provisionally regulates the situation pending the main judgment.
5. How is the right of contact with the parent regulated?
Contact is a right of the parent who does not exercise custody and at the same time a right of the child. The usual arrangements, where permitted by the minor’s age, provide for at least one overnight stay per week, alternating weekends, as well as alternating residence during the school holidays of Christmas and Easter and some days of the summer holidays. The courts facilitate contact because it contributes to the smooth development of the child and do not link it either to the cause of the separation or to any failure to pay alimony. Obstruction of contact by the other parent may have serious consequences.
6. What is the role of the family law lawyer?
The family law lawyer advises the client to weigh calmly their own interests and those of their children, beyond the emotional charge of the moment. The lawyer drafts the consensual divorce agreement with proper formulation of terms that serve the client even years after the dissolution of marriage, files lawsuits for divorce, alimony, custody or contact, submits applications for interim measures for immediate regulation, addresses any unfounded allegations made for the purpose of targeting, and handles the collection of evidence regarding hidden income. The firm’s experience in family law cases ensures strategic planning and effective protection of the parent-child relationship.