Prenuptial Agreements in Greece

• Expats planning to marry in Greece.
• Couples with significant assets, business interests, or children from previous relationships.
• Individuals concerned about protecting their assets or managing debts in the marriage.
• Couples desiring a customised agreement tailored to their unique situation.

In Greece, prenuptial agreements are regulated under the Civil Code (Astikos Kodikas). 

The Greek Civil Code provides the legal framework for family and marriage laws, including provisions for matrimonial property regimes. 

Unlike some jurisdictions where prenuptial agreements are commonly used to outline the division of property and financial matters in case of divorce, prenuptial agreements in Greece primarily focus on defining the property relations between spouses during their marriage.

Key points regarding prenuptial agreements in Greece under the Civil Code include:

• Freedom to Choose a Matrimonial Property Regime: The default matrimonial property regime in Greece is the community of property (synkoinonikotita periousion). However, couples have the option to choose a different regime, such as the separation of property (chorismos periousion), through a prenuptial agreement.
• Formal Requirements: For a prenuptial agreement to be valid in Greece, it must be made in writing and signed before a notary public. The notarized agreement then needs to be registered in the local Marriage Property Regime Registry (Mitroo Symvasiografiton Periousiakon Kathestoton Gamon) before the marriage takes place. This ensures the agreement's enforceability and public disclosure.
• Scope of Prenuptial Agreements: Prenuptial agreements in Greece can cover various aspects of the couple's property relations, including how property acquired before and during the marriage will be managed and owned. However, they cannot stipulate conditions about personal relations between spouses or any future children.
• Modifications and Enforcement: Couples can modify their prenuptial agreement after marriage, provided they follow the same formal process as the initial agreement—signing before a notary and registering the changes. In case of a dispute, Greek courts will enforce prenuptial agreements as long as they comply with legal formalities and do not violate public policy or mandatory provisions of Greek law.

• Financial Security and Clarity: Ensuring financial security and clarity for both partners, particularly in cases of significant financial disparity.
• Customisation of Marital Rules: Ability to tailor rules for living together, especially in case of divorce.
• Protection of Personal Interests: Safeguarding individual interests, especially in marriages with significant financial disparities.
• Comprehensive Legal Support: Expert advice and guidance adapted to the Greek legal context.
• Emphasis on Fair Solutions: Focus on equitable resolutions that reflect the interests of both parties.

1. Customised Legal Drafting: Assistance in creating a private law contract between spouses that sets individual rules for the marriage, particularly in the case of a potential divorce.
2. Asset and Debt Management: The agreement often outlines the financial status of the spouses and the distribution of assets following the dissolution of the marriage.
3. Protection Against Financial Disputes: A prenuptial agreement is a widely recognised legal institution in modern times, helping married couples who wish to deviate from certain legal regulations in their specific case.
4. Specialised Legal Advice: Providing expert legal support and advice throughout the process, tailored to the Greek legal system.
5. Choice of Property Regime: In Greece, spouses can choose a system of co-ownership with the prenuptial agreement, where all property automatically belongs to both spouses equally.
6. Professional and Confidential Service: Ensuring professionalism and confidentiality in handling marital agreements.
7. Expert Legal Representation: Access to experienced attorneys specialising in Greek family law and divorce matters​​​​​​.