Tales from the Field – Volume # 4
Serving Australian Divorce Documents in Greece: Navigating International Legal Waters
In an interconnected world, where legal matters often transcend borders, ensuring the proper service of court documents becomes a complex undertaking. International serving is something we specialise in here at Servedoc.
It’s not terribly uncommon for our team to receive enquiries about serving legal documents in Greece, particularly divorce papers. Millions of Greeks and people of Greek background live outside the borders of Greece. In fact, Australia numbers amongst the countries with the most people of Greek descent outside of Greece. Sometimes a marriage will break down in Australia and a Greek citizen or resident will return home prior to formally dissolving the union.
Like Australia, Greece is one of the signatories to the Hague Service Convention which enables judicial and extrajudicial documents to be transmitted for service between countries that are party to the convention. A divorce court decision which has been issued by a court in another country needs to be enforced in Greece.
At Servedoc, we’ve helped quite a few clients successfully serve divorce papers to recipients in Greece. The Greek legal system is considered to be methodical and thorough. Thankfully, service is typically affected rather quickly by international standards, which is always reassuring for our clients.
Here’s how the proactive field agents in our network go about getting the job done efficiently and effectively.
Operating within the local legal system
Our process servers will always carefully research local service regulations to ensure legal paperwork is correctly served in order to avoid delays to ongoing court cases.
In Greece, the legal protocol for serving court documents is notably stringent. Unlike some jurisdictions that permit various modes of service, the Greek civil process recognises only one acceptable method – the personal delivery of the action document to the defendant. This means that substitute service techniques commonly employed in other countries, such as mail or electronic means like fax or email, are not recognized under Greek law. A bailiff or process server needs to be engaged.
To add to the complexity, there are specific timelines that must be meticulously followed. It is necessary to serve a lawsuit on a Greek resident at least 60 days before the trial date or at least 90 days prior if the defendant resides outside of Greece or their whereabouts are unknown.
Furthermore, the original decision issued by the Australian court must be legally certified and officially translated into Greek. The Greek court must also see a statement confirming that the foreign court decision is final, or that it cannot be appealed anymore.
All of the above, as well as other relevant requirements, are expertly coordinated between our process servers and the lawyers acting for our clients.
Tracking down reluctant recipients
In comparison to some other countries where divorce is considered taboo, Greek society is generally accepting of divorce. Divorce rates have been trending upwards over the past couple of decades.
Having said that, divorce will always be an emotionally charged issue. While it may not be taboo to be served with divorce papers in Greece, some recipients simply do not want to engage with the process. A server may travel to a person’s last known address, only to discover that they have moved on and are deliberately trying to hide their whereabouts.
To track down elusive recipients, our process servers initiate a comprehensive investigation process. They start by engaging in conversations with neighbours and relatives who may possess valuable information about the recipient’s current whereabouts. These interactions provide crucial leads that guide subsequent steps in the service process.
Moreover, our process servers can tap into the digital realm to further enhance their search efforts. By exploring the recipient’s online presence, including social media accounts, our agents glean additional clues that aid in narrowing down the recipient’s location. This multi-faceted approach ensures that no stone is left unturned in our quest to serve court documents efficiently and effectively.
Conclusion
Navigating through the complexities of serving court documents in Greece demands a strategic and resourceful approach.
At Servedoc, our process servers are committed to overcoming obstacles and ensuring the successful delivery of court documents, even in the face of reluctant recipients.
With meticulous planning and diligent effort, we navigate through challenges, ultimately achieving our objective of serving court documents with precision and professionalism.
Do you need court documents served in Greece or somewhere else overseas?
Please contact us on 1300-918-851 or by filling out the form below. We will be happy to answer any questions or address any concerns you have.
We look forward to helping you in any way we can, including with any special requests.