Legal Question in Family Law in Lebanon

Dear Madame,

We understand from your request, that:

1- You are Lebanese, Maronite.

2- You got married to a Lebanese Orthodox

3- The marriage took place in Greece in 2010, according to the Greek Civil Law.

4- You have not signed a prenuptial agreement

5- Recently you started a divorce case in Greece, and the Court ruled that you need to submit your case to the Orthodox Church's Court.

Now, you are seeking our advise on that situation.

The Law in Greece is a civil law. Before the introduction of Law 1250/1982 in Greece, it was possible to have a religious Orthodox marriage, but since the introduction of that law in 1982, all marriages are civil.

As per the Greek rules of competency, The Greek Courts will have jurisdiction to look a divorce case if:

1- One of the spouses is a Greek citizen, or

2- If the spouses had their last common residency in Greece, or

3- if the defendant in the divorce case has his permanent residency in Greece

Out of these three cases, the Greek Courts will reject their jurisdiction.

We believe that in your case, the Greek Courts rejected your case for lake of jurisdiction, since none of the above conditions applies to your case.

Based on the above, our advise would be that you initiate your divorce case in Lebanon, if you are residing there.The Lebanese Civil Courts will have jurisdiction to rule over your case since the marriage was conducted Civilly out of Lebanon.

As for the merits;, every case of divorce raises the following points:

1- Can you get the Divorce?

2- Can you get compensations for the Divorce?

3 - Regarding the kids:

a. Can you have their guardianship?

b. Can you have their custody?

c. Who will pay their alimony?

4- What is the fate of the common goods: Car, house, bank account, companies shares, etc.

The Lebanese Court will rule on your case, but will apply the Greek Civil law on your case, since the marriage was conducted in Greece.

The Greek laws foresee two kinds of procedure:

1- The amicable procedure, where you can have a settlement on all the 4 above points and ratify it by the Court; or

2- A conflictual procedure should the involved parties be not able to reach an amicable solution for the case. In that case, as per the Greek Civil Code you can obtain the divorce in the following cases:

a. if your husband has disappeared for many years, or

b. if there is an irretrievable break down of the marriage relationship due to reasons that concern the defendant or both of the spouses,

c. if there is an irretrievable break down of the marriage relationship due to the fact that the there is no actual or sentimental relationship between the spouses for more than four years.

Based on the facts of the case, the Lebanese Courts will decide on whether to concede you damages or not.

As for the kids the Court will rule on the best of their interests.

And finally, as for the common goods, they will be regulated by the laws of the countries where they are located. For example, if you have an apartment in France and the other in Lebanon, one will be submitted to the French laws and the other to the Lebanese.

Hope that the above answers clearly to your request.

For further information please do communicate with us on the following address: [email protected]

Regards