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Aspects of legal family formats for same-sex and different-sex couples

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Marriage	Registered partnership	Cohabitation
2016 Yes 0000	2016 No 0000	2016 Yes 2008	2016 Yes 2015	2016 No, but 2002	2016 No, but 2011
		No 0000	No, but 2013	No 0000	No 0000
			No 0000
References to legal sources: Article 1350 of Civil Code: "For the conclusion of marriage the agreement of the future spouses is required. The relevant statements must be made in person and without condition or time limit. The future spouses must be at least eighteen years old. The court may, after hearing the couple and the persons exercising custody of the minor(s), authorize the marriage before the future spouse(s) reaching that age, if the marriage is imposed by good reason."	References to legal sources: Law 3719/2008 (Government Gazette Α 241/ 26.11.2008). Law 4356/2015 (Government Gazette A 181/ 24.12.2015). Article 1 Law 4356/2015 (Conclusion of cohabitation pact): "A contract between two adults, regardless of their gender/sex, governing their life as a couple (“cohabitation pact”), shall be entered into by means of a notarized instrument in the presence of the parties. The contract shall be valid from the date on which a copy of the notarized instrument is lodged with the civil registrar for the couple’s place of residence. It shall be recorded in a special civil register."	References to legal sources: Article 1444(2) Civil Code according to which in case of divorce “the right of maintenance shall cease if the ex-spouse entitled thereto re-marries or if he/she cohabits permanently with somebody else in a free union”. Article 1456(1) of Civil Code (written notarized consent of two partners to assisted reproduction). Article 1457 of Civil Code (post-mortem fertilization of a woman with the sperm of the deceased partner).
Explanations and nuances: The difference in sex of the two future spouses is not provided for explicitly by law but it is considered self-evident by the prevailing opinion in theory and the courts.	Explanations and nuances: Law 3719/2008 introduced registered partnership (symfono symviosis = cohabitation pact) only for different-sex couples. The ECtHR in its Vallianatos (and Others v. Greece, 7 November 2013) judgment found that in excluding same-sex couples from registration, Greece violated articles 8 and 14 ECHR. Law no.4356/2015 allowed also to same-sex couples to conclude a 'cohabitation pact'. N.B. The terms “cohabitation pact”, “civil union” and “registered partnership” are used interchangeably. The Greek legislation (both laws 3719/2008 and 4356/2015) uses the term 'cohabitation pact'. Law 4356/2015 is in force from 24.12.2015; only this law is applicable after this date (article 62 para 2 of law 4356). Nevertheless, Law 4356 has neither amended nor replaced law 3719; both laws coexist, since all cohabitation pacts concluded until 24.12.2015 are still governed by the former law. More specifically, according to article 62 para 1 of law 4356/2015, cohabitation pacts which have been concluded until the date this same law came into force (24.12.2015) are still governed by law 3719/2008, with the exception of article 7 paras 1 and 2 of law 4356/2015 (concerning the dissolution of the pact) which also apply to the pacts concluded based on law 3719/2008. Should the partners of ‘old’ cohabitation pacts wish to be submitted to the new law and its legal consequences, they should declare it by means of a notarial act. A copy of this act should be included in the Registry, together with the initial registration of their cohabitation pact. However, according to article 56 para 5 of Law 4356/2015, the (different-sex) partners who had concluded a pact before law 4356/2015 came into force, could only exercise their right to switch to this new law only 6 months after its coming into force (that is 26.06.2016).	Explanations and nuances: Cohabitation of heterosexual (not homosexual) partners is taken into consideration in article 1444(2) Civil Code, according to which, if the divorced spouse is living with another partner in a state of free union, (s)he loses her rights to maintenance. Nevertheless, article 1444(2) does not introduce any kind of recognition to cohabiting partners. It has a negative effect excluding a spouse (mainly the wife) from his/her maintenance rights. This is historically explained since a woman's living in a (free) union used to mean socially that her new partner cared for her. The state of a free union is also taken into account in the context of assisted reproduction (articles 1456 and 1457, newly inserted through law 3089/2002, Government Gazette 327, Α, 23.12.2002): the legislator, for the sake of the children to be born, in a way assimilates heterosexual partners in a free union to a married couple. This is explained by the high value that the Greek society places on procreation. Even unmarried heterosexual couples are encouraged and facilitated in order to have children. In 1999 the Kozani Court of First Instance ruled (decision 204/1999) that article 1400 Civil Code (concerning the claim of the one spouse to take part of the other spouse's increments in case of divorce) is not applicable in case of a cohabitation. However, in 1991 the Rhodes Court of First Instance (decision 206/1991) and part of theory (see for example E. Kounougeri-Manoledaki, Nomiko Vima 2000, 1450) argued that article 1400 CC is applicable, by analogy, to cohabitation (of heterosexual partners). See also questions 2.6 (next of kin), 2.7 (domestic violence), 4.1 and 4.4 (residence entitlement of foreign of partner), and 5.9 (property at dissolution).

Marriage

Registered partnership

Cohabitation

diff.-sex

same-sex

diff.-sex

same-sex

diff.-sex

same-sex

2016
Yes
0000

2016
No
0000

2016
Yes
2008

2016
Yes
2015

2016
No, but
2002

2016
No, but
2011

No
0000

No, but
2013

No
0000

References to legal sources:
Article 1350 of Civil Code: "For the conclusion of marriage the agreement of the future spouses is required. The relevant statements must be made in person and without condition or time limit. The future spouses must be at least eighteen years old. The court may, after hearing the couple and the persons exercising custody of the minor(s), authorize the marriage before the future spouse(s) reaching that age, if the marriage is imposed by good reason."

References to legal sources:
Law 3719/2008 (Government Gazette Α 241/ 26.11.2008).

Law 4356/2015 (Government Gazette A 181/ 24.12.2015).

Article 1 Law 4356/2015 (Conclusion of cohabitation pact): "A contract between two adults, regardless of their gender/sex, governing their life as a couple (“cohabitation pact”), shall be entered into by means of a notarized instrument in the presence of the parties. The contract shall be valid from the date on which a copy of the notarized instrument is lodged with the civil registrar for the couple’s place of residence. It shall be recorded in a special civil register."

References to legal sources:
Article 1444(2) Civil Code according to which in case of divorce “the right of maintenance shall cease if the ex-spouse entitled thereto re-marries or if he/she cohabits permanently with somebody else in a free union”.

Article 1456(1) of Civil Code (written notarized consent of two partners to assisted reproduction).

Article 1457 of Civil Code (post-mortem fertilization of a woman with the sperm of the deceased partner).

Explanations and nuances:
The difference in sex of the two future spouses is not provided for explicitly by law but it is considered self-evident by the prevailing opinion in theory and the courts.

Explanations and nuances:
Law 3719/2008 introduced registered partnership (symfono symviosis = cohabitation pact) only for different-sex couples. The ECtHR in its Vallianatos (and Others v. Greece, 7 November 2013) judgment found that in excluding same-sex couples from registration, Greece violated articles 8 and 14 ECHR.

Law no.4356/2015 allowed also to same-sex couples to conclude a 'cohabitation pact'. N.B. The terms “cohabitation pact”, “civil union” and “registered partnership” are used interchangeably. The Greek legislation (both laws 3719/2008 and 4356/2015) uses the term 'cohabitation pact'. Law 4356/2015 is in force from 24.12.2015; only this law is applicable after this date (article 62 para 2 of law 4356). Nevertheless, Law 4356 has neither amended nor replaced law 3719; both laws coexist, since all cohabitation pacts concluded until 24.12.2015 are still governed by the former law. More specifically, according to article 62 para 1 of law 4356/2015, cohabitation pacts which have been concluded until the date this same law came into force (24.12.2015) are still governed by law 3719/2008, with the exception of article 7 paras 1 and 2 of law 4356/2015 (concerning the dissolution of the pact) which also apply to the pacts concluded based on law 3719/2008. Should the partners of ‘old’ cohabitation pacts wish to be submitted to the new law and its legal consequences, they should declare it by means of a notarial act. A copy of this act should be included in the Registry, together with the initial registration of their cohabitation pact. However, according to article 56 para 5 of Law 4356/2015, the (different-sex) partners who had concluded a pact before law 4356/2015 came into force, could only exercise their right to switch to this new law only 6 months after its coming into force (that is 26.06.2016).

Explanations and nuances:
Cohabitation of heterosexual (not homosexual) partners is taken into consideration in article 1444(2) Civil Code, according to which, if the divorced spouse is living with another partner in a state of free union, (s)he loses her rights to maintenance. Nevertheless, article 1444(2) does not introduce any kind of recognition to cohabiting partners. It has a negative effect excluding a spouse (mainly the wife) from his/her maintenance rights. This is historically explained since a woman's living in a (free) union used to mean socially that her new partner cared for her.

The state of a free union is also taken into account in the context of assisted reproduction (articles 1456 and 1457, newly inserted through law 3089/2002, Government Gazette 327, Α, 23.12.2002): the legislator, for the sake of the children to be born, in a way assimilates heterosexual partners in a free union to a married couple. This is explained by the high value that the Greek society places on procreation. Even unmarried heterosexual couples are encouraged and facilitated in order to have children.

In 1999 the Kozani Court of First Instance ruled (decision 204/1999) that article 1400 Civil Code (concerning the claim of the one spouse to take part of the other spouse's increments in case of divorce) is not applicable in case of a cohabitation. However, in 1991 the Rhodes Court of First Instance (decision 206/1991) and part of theory (see for example E. Kounougeri-Manoledaki, Nomiko Vima 2000, 1450) argued that article 1400 CC is applicable, by analogy, to cohabitation (of heterosexual partners).

See also questions 2.6 (next of kin), 2.7 (domestic violence), 4.1 and 4.4 (residence entitlement of foreign of partner), and 5.9 (property at dissolution).

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