Digital solution of the cohabitation agreement in the standards of ‘divorce’ express with one click

of Panagiotis Stathis

Digitally, with one click, there will be a separation for the cohabitation agreements, according to a new provision in the bill for the changes in the Land Registry that was voted a few days ago by the Ministry of Justice.

The provision stipulates that, after the intangible divorce, the possibility of a digital solution and the cohabitation agreement is introduced, essentially identifying the two legal concepts (marriage and cohabitation agreement).

The layout

As typically mentioned in the new layout:

Article 23

Termination of a cohabitation agreement by electronic means – Amendment of article 7 of law 4356/2015

In article 7 of law 4356/2015 (A ‘181) the following amendments are made: a) in case a’ of par. 1 the possibility of termination of the cohabitation agreement by electronic means is added, b) in par. 2 the possibility is added information of the registry office for the termination of the cohabitation agreement using Information and Communication Technologies and article 7 is formulated as follows:

“Article 7

Solution

1. The cohabitation agreement is terminated: a) by agreement of the parties, made by notarized document, either in person or by joint digital declaration submitted by the parties, b) by unilateral notarial declaration, if previously served by a bailiff for consensus solution in the other party and three (3) months have passed since the service and c) automatically, if a marriage is concluded between the parties.

2. The termination of the cohabitation agreement is valid from the submission of a copy of the notarial document, containing the agreement or the unilateral declaration, to the registrar where its establishment has been registered or by informing the registry office using Information and Communication Technologies.

3. Post-divorce maintenance provisions shall apply mutatis mutandis to maintenance after the termination of the agreement, unless the parties waive the relevant right when the agreement is drawn up. ”

“In parallel with a joint decision of the Ministers of Justice and Digital Government, the specific issues for the implementation of the process of resolving the cohabitation agreement by electronic means are defined”.

Express

Most likely, the joint Ministerial decision will move to the standards of the existing express divorce through a special platform in the single digital portal gov.gr

The solution comes in just over 10 days, without the physical presence of the spouses, but an exchange of mail between the lawyers.

-One of the two lawyers, is connected to the application with the taxisnet codes.

-Puts details of Marriage Certificate (now number of cohabitation agreement), VAT number, AMKA, emails of both spouses.

-The data are retrieved from the Citizens’ Register

He also writes the name of the notary, while the second lawyer confirms the details. The spouses receive an e-mail and the 10-day period begins to count. Once expired, the notarial deed is signed either digitally or physically.