Marriage and civil partnership constitute two distinct legal institutions under Greek law. Although significant steps toward equalization have been taken in recent years, substantial differences still remain, affecting everyday life, property, children, and the social protection of couples. Below is a clear and comprehensive overview of the key distinctions.
1. Inheritance Rights
Marriage:
A spouse is a legal heir under the Greek Civil Code (Article 1813 et seq.). The spouse inherits alongside the children, and in the absence of children or parents, may inherit the entire estate.
Civil Partnership:
Partners are not automatic legal heirs of one another. Inheritance can only occur through a will.
2. Medical Confidentiality and Medical Decision-Making
Marriage:
A spouse has a legally established right to be informed about the other spouse’s health condition and may make medical decisions in cases of incapacity, pursuant to Article 11 of Law 2071/1992. The spouse has priority among those entitled to receive such information.
Civil Partnership:
Law 4356/2015 does not expressly provide an equivalent automatic right. Typically, specific authorization or a written advance healthcare directive is required. Although in practice many hospitals recognize the partner, there is no explicit and universal legal protection.
3. Affinity Relationships
Marriage:
Marriage creates a legal relationship of affinity (Article 1484 of the Civil Code). A spouse acquires a legal bond with the other spouse’s family, which may have implications in matters such as impediments to marriage, maintenance in exceptional cases, or communication rights.
Civil Partnership:
No legal relationship is created with the partner’s family. The families remain legally unrelated.
4. Matters Concerning Children
a) Parental Responsibility
In marriage, the presumption of paternity applies (Article 1471 of the Civil Code): a child born during the marriage is presumed to be the child of the husband. Parental responsibility is automatically exercised jointly by both parents.
In a civil partnership, there is no presumption of paternity. The father must formally recognize the child, either voluntarily or through court proceedings. After recognition, parental responsibility is exercised jointly.
b) Child’s Surname
In marriage, the child receives the surname declared by the parents.
In a civil partnership, the same rules apply after recognition. Without recognition, the child bears the mother’s surname.
c) Adoption
Following the 2024 legislative amendments (Law 5089/2024), joint adoption is permitted both for married couples and for couples who have entered into a civil partnership, substantially equalizing this right.
d) Child Maintenance
In both cases, parents have a legal obligation to provide maintenance for their children, without differentiation.
5. Property Relations
Marriage:
A specific matrimonial property regime applies, including protection of the family home (Article 1386 of the Civil Code). There is also an obligation to contribute to the needs of the family (Article 1388 of the Civil Code).
Civil Partnership:
Property remains separate unless otherwise agreed. There is no statutory protection equivalent to that of marriage, nor an explicit obligation to contribute, unless contractually agreed.
6. Maintenance Between the Parties
Marriage:
There is a right to maintenance both during the marriage and after its dissolution, provided the legal conditions of Article 1441 et seq. of the Civil Code are met.
Civil Partnership:
Article 8 of Law 4356/2015 provides for maintenance after dissolution only under strict conditions and for a limited period (up to three years).
7. Tax and Social Security Consequences
Marriage: Possibility of filing a joint tax return, automatic social insurance coverage of the spouse, right to a survivor’s pension
Civil Partnership: No provision for a joint tax return, limited social security equalization, no right to a survivor’s pension for the surviving partner
8. Dissolution of the Relationship
Marriage:
Marriage is dissolved through divorce (judicial or by mutual consent before a notary), a more complex and formally demanding procedure.
Civil Partnership:
It may be dissolved by a simple declaration of one or both partners, pursuant to Article 7 of Law 4356/2015, without court intervention (unless disputes concerning children arise).
Conclusion
Despite significant reforms and gradual convergence between the two institutions, marriage continues to provide broader and more comprehensive legal protection, particularly in matters of inheritance law, social security benefits, and medical representation. Civil partnership remains a more flexible and simpler form of legal commitment, but with fewer automatic guarantees.
The choice between the two is not merely emotional; it is deeply legal and practical. For this reason, proper legal guidance before making a decision is essential.
