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"Domicile" is the place where the individual concerned lives and has made the centre of their operations and relationships with others. This must be both in terms of "corpus" (where the individual actually is) and "animus" (where the individual intends to be). Only one "domicile" is permitted, according to the Greek Civil Code.

"Domicile" is distinguished from "residence" in that residence is only concerned with the "corpus" element (i.e. where the individual actually is).

The definition of "habitual residence" (a term used frequently in Private International Law) would be closer to the definition of "domicile" as opposed to "residence".

Conflict of Law/Applicable Law to be Applied

Last common nationality during the marriage if one spouse still retains it.

Last common habitual residence during the marriage

Closest connection.

Pre-Nuptial Agreements

Such agreements can regulate the financial relations of the spouses and they are valid within the limits of Community of Property.

Divorce

Ground 1: Mutual consent

Ground 2: Irretrievable breakdown of marriage, fault of the defendant or of both spouses and objective breakdown establishes ground.

A separation of two years establishes ground 2 by non-rebuttable assumption.

Finances/Capital/Property

Parties can decide to enter into a community of property regime either before or during marriage. On divorce, community of property is terminated.

Finances/Maintenance

The right to maintenance exists

i) During the marriage and after the separation, under the grounds of art. 1391 of the Greek Civil Code which regulates that if the spouse has interrupted the living together for justifiable/good reason the maintenance given to him/her by the other spouse shall be paid in money, monthly in advance. The obligation of maintenance referred above shall cease, increase or be reduced where the circumstances require so.

ii) After the divorce, the right to maintenance is given to the destitute spouse under the grounds of art. 1442 of the Greek Civil Code: a) if by the time of issue of the divorce or at the end of the time terms anticipated below, the spouse’s health or age does not allow him/her to acquire or to continue proper employment in order to support himself or herself, b) if the spouse is unable to work because he/she has the care of minor children and he/she can not have proper employment due to that reason, c) if he/she can not find a stable job or if he/she needs previous professional training – can not exceed a period of three years after the divorce, d) in any other case where the award of maintenance is imperative for reasons of leniency.

Child Maintenance

Maintenance is a right and obligation established by law on the basis of relationship and concerns mainly ascendants and descendants (article 1485 of Greek Civil Code). Maintenance is an obligation and right of the parents and the children, depending on their age and their financial situation, provided that there is an established relationship between parents and children, irregardless of the existence of a marriage or a partnership.

Cohabitants

On 26th November 2008, Law 3719/2008 "reforms for the family, the child, the society and other provisions" was published in the Government Gazette and came into force, regulating cohabitation.

The cohabiting couples, who, for the purposes of this law, are two adult heterosexual individuals, need to make their relationship official and binding first by signing in person a simple notarial deed, called a "cohabitation agreement". A copy of such an agreement should be filed with the Registrar's office of the place where the contracting parties are domiciled in order that the "cohabitation agreement" be valid and official. The individuals wishing to conclude a "cohabitation agreement" should have full legal capacity.

The above law does not provide anything for cohabitation of same sex partners.

With thanks to Haroula Constandinidou of 62A Skoufa st, Athens, 10680, Greece. www.constandinidou.gr