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Today, all couples, heterosexual or same-sex, can legally register their relationship in our country as well. The process is simple, easy and extremely fast.
1. What is a Cohabitation Agreement?
The notarized agreement drawn up between two adults, REGARDLESS OF SEX, in which the rights and obligations between them are reflected, for as long as they will be together.
2.What is the procedure required?
Step 1: Selection of a notary who will draw up the Agreement.
Step 2: Define the drafting and signing day.
Step 3: Filing a copy at the Registry Office of the parties’ place of residence.
3. Who can enter into a cohabitation agreement:
Heterosexual or same-sex adult couples, with full legal capacity. It is not allowed to enter into a cohabitation agreement:
a) if there is a marriage or a cohabitation agreement of the persons concerned or one of them,
b) between relatives by blood in a direct line unlimited and lateral up to the fourth degree, as well as between relatives by bloodline in straight line indefinitely,
c) between the adopter and the adopted. In these cases, as in the case of virtuality, the cohabitation contract concluded is invalid.
4. When does the Cohabitation Agreement come into force?
From the moment a copy of the notarial deed is filed with the Registrar of the place of residence of the contracting parties and the entry of the Agreement in the special book of the Registry.
5.How long is the process?
The time required refers to the preparation time of the content. Even on the very day of its signature, it can be filed in the special book of the Registry and its validity begins.
6. What documents are required?
In order to draw up the notarial deed, the following will be needed for both contracting parties: identity card/passport, address of permanent residence, Registration number, Tax Registration Number (A.F.M.) and D.O.Y., Social Security Number Insurance (A.M.K.A.), certificate of marital status, as well as reference of the pension insurance institution and occupation.
7. Is the presence of witnesses required?
No.
8. What is the main difference from Civil marriage?
It is faster, both at the conclusion stage and at the solution stage.
9. What does the cohabitation agreement provide for joint assets, taxation, social security?
Both for inheritance, as well as for social and insurance rights, as well as for benefits, full equalization with the corresponding rights of spouses is foreseen.
10. What about the children’s last name?
A child born during the cohabitation agreement or within 300 days of the termination of the agreement shall bear the surname chosen by his parents by joint and irrevocable declaration contained in the agreement.
11. Conclusion of a cohabitation agreement by a foreigner from a third country (outside the EU):
The foreigner should be equipped with a valid passport on the one hand and an entry visa (Visa) of any type on the other or hold a valid residence permit, since according to article 27 of Law 4251/2014, “According to the drawing up of notarial acts, in which the parties or participants in any way are citizens of third countries, who appear in person or declare residence or residence in the country, the notaries are obliged to establish that they have an entry visa or residence permit or a certificate of paragraph 7 of the article 8 and paragraph 6 of article 9 and to make a relevant reference in their act”.
12. How can a foreigner obtain a legal residence permit in Greece after entering into a cohabitation agreement?
A foreigner who enters into a cohabitation agreement with a Greek woman has the right to request the granting of a legal residence permit in Greece, according to K.Y.A 23343/2011. For this purpose, he should submit, either in person or through a proxy, a relevant application to the Immigration Policy Directorate of the General Secretariat of Population and Social Cohesion of the Ministry of the Interior. The specific application should be submitted during the time that the foreigner legally resides in Greece, i.e. during the period of validity of the entry visa (Visa) that he/she holds. If the entry visa (Visa) has expired, it is not possible to apply for a residence permit.
Along with the application, the interested party must submit a series of documents, namely:
a) Certified copy of passport after the entry visa (Visa) attached to it, where the latter is required,
b) Copy of the Greek’s identity card,
c) Copy of the cohabitation agreement and its notarial act of registration,
d) Documents proving joint residence with the Greek (e.g. rental contract, housing contract, responsible declarations, utility bills, etc.),
e) Evidence of full sickness insurance coverage (documents proving insurance with a Social Security Organization or health insurance with a private insurance company, lasting at least one year, in accordance with the provisions of K.Y.A 53821/2014),
f) Other documents that prove the stable relationship of the parties (e.g. documents that prove that the parties have undertaken joint legal or social obligations, photos from the joint cohabitation, etc.),
g) Four (4) photos, passport type (also on CD),
h) Public fee, in the amount of 16.00 Euros, for obtaining the biometric data of the foreigner,
i) Certified copy of the foreigner’s birth certificate with an apostille, where required.
Upon submission of the application and as long as no formal deficiencies are found, the foreigner is granted a Temporary Residence Card (“Blue Certificate”), under which he is authorized to reside in Greece until the final residence permit is issued.
13. What is the duration of the residence permit granted under a cohabitation agreement?
The residence permit granted under K.Y.A 23443/2011 has a duration of one (1) year and can be extended, if the above conditions are still met, for two (2) more years.
14. How the cohabitation agreement is terminated:
The cohabitation agreement is terminated:
a) by agreement of the parties, made in person (power of attorney is not included) with a notarized document,
b) with a unilateral notarized declaration (provided that an invitation for a consensual solution has previously been served with a bailiff to the other party and three ( 3) months from its performance) and
c) automatically, if a marriage is concluded between the parties.
