Difference between revisions of "ΔΔ:Divorce by mutual consent"

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Latest revision as of 11:32, 23 October 2024



1977354f-7310-4d9f-bfdc-8659673513e6 197735 Άυλο συναινετικό διαζύγιο

At a glance

Points of service

Available only digitally

Number of required documents

Not required

Fees

Provided without cost

Deadline of completion

3 months

Description

The procedure concerns the electronic service for issuing a divorce by mutual consent through the Single Digital Gateway (gov.gr).

Basic information

Competent body

MINISTRY OF JUSTICE

Authority/Public body’s Unit responsible for the institutional framework of the procedure


Provided to

Related links


Last update

23/10/2024

Application

Application Type

Application

Submission by:

Submitted by the applicant (digital)

Submitted by:

Legal entities

Title

Issuing of a divorce by mutual consent through the Single Digital Gateway (gov.gr).


What you will need

Means of authentication, identification and signature

Identification with TAXISnet codes

    Print

    Requirements

      Fees

        Related




        Output & Results

        Output

        Administrative Act, Registry update

        Steps

          Digital steps

            Other information

            Alternative titles

            Issuing of a divorce by mutual consent

            Official title

            Issuing of a divorce by mutual consent through the Public Administration’s Single Digital Gateway (gov.gr)

            Languages supported

            Greek, English

            Legislation

              Categories

              Τype of procedure

              Trigger

              Applied for

              Trigger (submission method)

              Application (digital)

              Type

              Outgoing
              G1

              ,,


            • 1 Possession of passwords to enter software 1. The procedure requires: - personal Taxisnet passwords (spouses, notaries) - access codes of the Plenum of Greek Bar Associations (lawyers)


              No No

            • Decision 70057 2021

              Description Electronic service for issuing a divorce by mutual consent via the Public Administration Single Digital Gateway.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20210206390

            • 1 Start of the procedure for divorce by mutual consent

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description The procedure is initiated by one of the two lawyers. They log in to the application using the ‘PORTAL OLOMELEIA’ access codes and create a new case by selecting the corresponding field.

              No No


            • 2 Registration of marriage certificate

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description The lawyer enters the number of the marriage certificate, the volume, the year, the code of the registry office that issued it and the surname of one of the spouses. Alternatively, either the tax identification number (TIN) or the social security number (AMKA) of the two spouses and the surname of one of the spouses may be entered.

              Notes After the procedure is started, the application automatically retrieves the necessary details of the spouses from the citizens’ register, through the interoperability tool. If the details have not been entered or have not been entered correctly, the procedure cannot move forward.

              No No


            • 3 Entry of final draft agreement

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description The lawyer initiating the procedure enters (a) the final draft of the private agreement in the relevant application field, (b) the notary’s details, selecting them from the list of notaries, (c) the TIN and email address of the lawyer for the opposing party. After submitting the above, the lawyer initiating the procedure either temporarily saves the case or proceeds to the final submission of the application.

              No No


            • 4 Electronic notification of the parties involved in the case

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description Following the above registration, the two lawyers, the two spouses and the notary receive an electronic notification of the start of the procedure. More specifically, the opposing lawyer will be notified electronically to log into the application and confirm all the details entered.

              Notes At this point, the procedure may be cancelled by any party, stating the reason for cancellation. In this case, an electronic notification is sent to all parties for their information.

              No No


            • 5 Confirmation of details by the lawyer for the opposing party

              Responsible for Implementation Software

              Μethod of Implementation Inspection

              Description The opposing lawyer confirms the details of the case using the ‘Portal Olomeleia’ codes, enters the additional information required to draw up the notarial deed, approves the final draft registered by the lawyer and either rejects or confirms the content of the final draft. If the opposing lawyer confirms the above information, they will enter their details so that the notarial act can be drawn up.

              Notes At this point, the procedure may be cancelled by either of the two lawyers, stating also the reason for cancellation. In this case, an email will be sent to all parties for their information.

              No No


            • 6 Confirmation by spouses

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description The spouses log into the application using their Taxisnet passwords and review the private draft agreement approved by both lawyers. They may approve or reject the draft. If the content of the agreement is approved (confirmed), the spouses enter the information required to draw up the notarial act. Once both spouses approve the agreement, an electronic notification of the spouses’ consent is sent to all parties (lawyers, spouses, notaries), which marks the start of the 10-day period set out in Article 1441 of the Civil Code.

              Notes At this point, the procedure may be cancelled by any party, stating the reason for cancellation. In this case, an electronic notification is sent to all parties.

              No No


            • 7 Waiting for the 10-day notice period

              Responsible for Implementation Software


              Description After the 10-day notice period, the procedure is complete and the parties may not withdraw through the application, although they do retain the right to withdraw after consultation with the notary. Thereafter, all parties are informed electronically of the expiry of the notice period.

              Notes In the event that the parties, after the expiry of the notice period, fail to make any change of status in the existing case within 3 months of the start of the procedure, the case opened will be automatically cancelled through the application and the parties will have to restart the procedure from scratch.

              No No


            • 8 Processing of the final notarial act for the dissolution of the marriage

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description Upon expiry of the abovementioned notice period, the notary will be notified by email that they must log into the application using their Taxisnet passwords. The notary then processes the notarial act for the dissolution of the marriage in the application.

              Notes In addition, the notary may download the notarial act in digital form.

              No No


            • 9 Signature of the final notarial act by the spouses

              Responsible for Implementation Other

              Μethod of Implementation Signature

              Description The final notarial act may be approved by the spouses and the lawyers, pursuant to Article 24 of Law 4727/2020, through the application, either by signing it physically in person, or electronically using a method that is equivalent to the handwritten signature (qualified electronic signature). The notary keeps the signed physical or approved digital act in their files.

              Notes Until the moment when the notarial act is approved by both parties, the procedure may still be cancelled by the notary. If cancelled, an electronic notification is sent to all the parties involved.

              No No


            • 10 Completion of the procedure for divorce by mutual consent

              Responsible for Implementation Software


              Description Once the notarial act is approved, the notary enters the application to finalise the divorce, selecting and confirming their choice and entering the number of the notarial act and the date it was drafted. At this stage, the procedure may not be cancelled. While it is being finalised, the notary reserves the right to change the text of the notarial act in the application, based on any changes that may have occurred during the signature stage.

              Notes At this stage, through the application, the final notarial act is sent to the Single Digital Gateway mailboxes of the two parties. All the parties involved receive an electronic notification that the notarial procedure is complete. If a church wedding took place, the spouses will be notified electronically in order to proceed to the ‘spiritual dissolution’ of the marriage. The application updates the citizens’ register through the interoperability tool, which returns a code/unique identifier, on the basis of which the spouses or lawyers can contact the relevant civil registrar to check the progress of the case, if necessary. The parties involved receive an electronic notification about the completion of the notarial procedure. If there are any technical errors during the communication with the civil registry, the notary is notified electronically and will be able to try to complete the procedure again.

              No No


            • 11 Spiritual dissolution of a marriage

              Responsible for Implementation Software

              Μethod of Implementation Software action

              Description In church wedding cases, the notary will have to enter into the application the details regarding the decision on the spiritual dissolution of the marriage, in particular the date of issue of the marriage, the competent episcopal see ‘Metropolis’ and the relevant reference number.

              No Yes


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