Many people, at some point in their lives will have some form of family law issue. Whether it is a divorce, separation, problems involving an ex-partner or gaining access to your children, our Cyprus divorce lawyers are here to help.
For over 27 years our family law department has been providing assistance to people just like you with Family law problems.
Our qualified family lawyers are experts in all aspects of family and divorce law in Cyprus.
If you are facing or wanting to start divorce proceedings or if you are going through a separation or have suffered domestic abuse, our family lawyers will help guide you through these distressing times.
The goal of our lawyers is to reduce the strain on the client by providing a reliable service in which our client has absolute confidence. We understand that domestic issues are of highly sensitive in nature and we handle all such matters with prudence and care offering first class legal advice which is considerate and effective.
We apply an approach of creative problem solving to our clients domestic disputes, striving to seek solutions which are successful and represent value for money for our client.
We maintain absolute confidentiality over any matter or potential matter.
We will offer you expert and affordable solutions on all family law issues including:
- Advice on Divorce
- Divorce Settlements / Financial Settlements
- Postnuptial Agreements
- Mediation
- Child Custody – Child Arrangement Orders
- Child Support – Child Maintenance
- Cohabitation / Living Together
- Adoption
Divorce in Cyprus
Frequently Asked Questions
As of 2023, amendments to Cyprus’ Marriage Law (104/03), Family Courts Law (23/90), and Attempted Conciliation and Spiritual Dissolution of Marriage Law (22/90) have simplified the process of obtaining a divorce in Cyprus.
Following the amendments, the grounds for a divorce in Cyprus that can be put forward in support of the divorce application are:
- The irretrievable breakdown of the marriage to which the presumption of irretrievable breakdown is satisfied in case of bigamy, adultery, desertion or violence against the plaintiff or the child.
- Two year separation.
- The consent of both spouses to the dissolution of the marriage.
- The change of gender of either of the two spouses.
- Spouse declared missing or dead.
In order for the Cyprus Family Courts to have jurisdiction, at least one of the parties must have been residing in Cyprus for at least 3 months prior to the filing of the divorce application.
Provided that this condition is met, the Family Courts of Cyprus can decide on the dissolution of any marriage irrespective of whether this is a religious wedding or a civil wedding and irrespective of the place at which the marriage was celebrated.
In the case of a civil wedding you can file a divorce petition at any time before the Family Court in the district where you live.
In the case of religious weddings you must send a Notice of Marriage Dissolution to the competent Bishop at least 6 weeks prior to the filing of the divorce application at the competent Family Court.
The application must be accompanied by proof of posting the aforementioned notification to the Bishop.
In the event that the reason for divorce is the irretrievable breakdown of the marriage due to violence, then it is not necessary to send a notification, provided that the violence has been reported to the police and the party has secured a relevant report.
Notification in the case of Greek Orthodox marriages can now be submitted online via the official website of the Archdiocese.
There are no real consequences of a divorce other than the dissolution of the marriage.
After the recent amendments noted above, separate applications are not required to be filed in cases of property disputes, child custody and/or maintenance arrangements. These can now all be included in a single application.
Yes, a divorce decision of the Family Court of first instance can be appealed to the Supreme Court.
The legal costs of a divorce in Cyprus vary depending on the circumstances of the case. An uncontested divorce costs in the region of €1800 + VAT.
Division of Property
In Cyprus, one spouse may be entitled to a portion of the property in the event of a separation or divorce.
Two requirements must be satisfied for this to materialize.
- First, one spouse’s property has increased during the course of the marriage.
- Second, this increase has been made possible thanks to the other spouse.
In this situation, the contributing spouse may ask for the portion of the gain that results from his or her own contribution.
The other spouse is presumed to be eligible for a third of the increase under Cyprus Family Law and unless a different contribution is demonstrated, this is the case.
Therefore, the spouse whose assets have appreciated in value will typically want to refute this assumption.
As evidence of contribution, the courts consider a variety of circumstances. Personal guarantees or mortgages made by one of the spouses for the benefit of the other stand out as contributions.
There are a few rules covering the increase of the property that require special attention:
- Increase in property refers to the tangible and intangible assets acquired over time. These can occur at any moment during or even before a marriage, as long as there was a possibility of getting married. Therefore, the other spouse is not entitled to any share of the property acquired before the prospect of marriage.
- It’s important to note that the Courts disregard any property increase brought on by a donation, inheritance, bequest, or gift. Additionally, the outcome of a donation, inheritance, bequest, or gift is not taken into account while dividing the marital estate.
Additionally, unlike other jurisdictions, Cyprus Family Law does not recognise and views prenuptial agreements as void. However, the parties may come to an agreement after the divorce regarding how their property disputes will be resolved.
Alimony in Cyprus
In Cyprus, alimony, also known as maintenance or spousal support, is a court-ordered payment made by one spouse to the other for their support after a divorce.
The concept of alimony in Cyprus is governed by the provisions of the Family Law, which sets out the legal framework for divorce, maintenance, and other related matters. The main purpose of alimony is to ensure that a financially dependent spouse is able to maintain a standard of living that is similar to the one they enjoyed during the marriage, after a divorce.
The court considers several factors when determining the amount and duration of alimony payments, including:
- The income and financial resources of each spouse
- The standard of living of each spouse during the marriage
- The respective needs of each spouse
- The age and health of each spouse
- The duration of the marriage
- The contributions of each spouse to the marriage (e.g. homemaking, child-rearing)
In some cases, alimony may be a temporary payment to help the financially dependent spouse transition to a new life after the divorce, while in other cases it may be a permanent payment to provide ongoing support. The court may also modify the alimony award if circumstances change, such as a significant change in the financial circumstances of either spouse.
Application for sole use of all or a portion of the family home while divorce proceedings are pending in Cyprus
An application to the court to secure the sole use of the family home while divorce procedures are ongoing in Cyprus is possible and can be included in the main divorce application.
Three circumstances are recognised under Cyprus Family Law as allowing a spouse to have sole possession of the family home:
- The end of the couple’s joint living arrangement;
- Delivering a notification of the marriage’s dissolution to the archbishop;
- In the event that a divorce petition is filed in Cyprus.
The Family Court may also grant exclusive use of the family home upon the application of one of the spouse’s, taking the circumstances of each case into consideration. This could either apply to all or a portion of the family home and regardless who the property’s owner is at the time.
The property being owned by a third party is not taken into consideration by the court. For example in the case of rented accomodation.
Finally, according to Cyprus Family Law, the decree of exclusive use of the marital home can be extended for a period of up to two years after the dissolution of the marriage.
Parental Care & Child Custody in Cyprus
In Cyprus, parental care includes deciding on the child’s name, deciding who will have custody of children, and managing their possessions. It also covers the minor’s representation in proceedings or legal actions involving the minor or its property.
In Cyprus, parental care is shared by both parents starting at birth. Parental care is decided by the Court in the event of a divorce (or separation between the spouses).
It will designate it to either one, both, or a third party. In most cases, both parents are given shared parental responsibilities. The benefit of the child is the crucial factor in deciding parental care in each case.
The second type of decree in Cyprus is for child custody. This has to do with which parent keeps custody of the child (this will usually be the mother).
The other parent is usually granted communication rights with the child if one parent is given custody of the child.
The Communications decree permits the non-custodial parent to communicate with the child on particular days of the week and for a certain amount of time (which may include a provision for the child to stay with the parent overnight).
Child Support in Cyprus
In Cyprus, both parents have a legal obligation to provide financial support for their children, regardless of their marital status.
The amount of child support is determined by the court based on the needs of the child and the income and financial resources of each parent. The court may also take into consideration the standard of living of the child before the separation or divorce of the parents.
In cases where the parents cannot agree on the amount of child support, either parent may apply to the court for a child support order. The court may also issue a child support order on its own initiative.
Child support payments are usually made on a monthly basis and are payable until the child reaches the age of 18. However, in some cases, child support may continue beyond the age of 18 if the child is still attending school or university.
It is important to note that failure to pay child support can result in legal action being taken against the non-paying parent, including fines, imprisonment, or even seizure of assets.
The following are typical costs considered in child support disputes in Cyprus:
- Food
- Water and electricity bills
- Internet and telephone
- Transportation
- Clothing and shoes
- Physician’s fees
- After-school activities
- Leisure and pocket money
Divorce Preparation Checklist: Cyprus Family Law
Preparing for a divorce in Cyprus can feel overwhelming, but having a clear plan can make the process smoother. Whether your marriage is civil or religious, this checklist will guide you through the essential steps under Cyprus Family Law. Always consult a qualified family lawyer to ensure your specific circumstances are addressed.
1. Confirm Eligibility to File in Cyprus
- Residency Requirement: Ensure at least one spouse has lived in Cyprus for a minimum of 3 months before filing. This applies to both Cypriot nationals and foreigners.
- Jurisdiction Check: Verify that the Cyprus Family Courts have authority over your case (e.g., if neither spouse resides in an EU country subject to Brussels II bis regulations, Cyprus law typically applies after 3 months of residency).
2. Determine the Type of Marriage
- Civil Marriage: No prior notification is required—proceed directly to filing with the Family Court.
- Religious Marriage: For Orthodox Christian marriages, send a formal notice to the Bishop of your district stating the grounds for divorce. You’ll need to wait 6 weeks before filing, unless exceptions apply (e.g., domestic violence or a missing spouse).
3. Identify Grounds for Divorce
- Gather evidence to support your case. Common grounds under Cyprus law include:
- Irretrievable breakdown of the marriage (e.g., adultery, bigamy, or violence).
- Continuous separation for at least 2 years (4 years creates an irrebuttable presumption of breakdown).
- Mutual consent of both spouses.
- Other grounds like mental illness (3+ years), imprisonment (7+ years), or disappearance.
4. Gather Essential Documents
- Marriage Certificate: Obtain an official copy from where your marriage was registered.
- Identification: Passports or ID cards for both spouses.
- Residency Proof: Utility bills, lease agreements, or employment records showing 3+ months in Cyprus.
- Religious Notice (if applicable): Proof of notification to the Bishop (e.g., submission receipt or registered mail).
- Evidence: Photos, messages, police reports, or witness statements supporting your grounds for divorce.
5. Assess Financial and Property Matters
- List Assets: Compile a list of marital property (acquired during marriage or improved by both spouses’ contributions). Note that prenuptial agreements are not recognised in Cyprus, but post-divorce agreements are possible.
- Financial Records: Gather bank statements, tax returns, and proof of income for alimony or child support discussions.
- Contribution Evidence: Document your contributions to your spouse’s property increases (e.g., payments, labor), as Cyprus law presumes a 1/3 entitlement unless proven otherwise.
6. Plan for Children (if applicable)
- Custody Preferences: Decide if you’ll seek joint or sole custody. Courts prioritise the child’s best interests, often favouring joint custody.
- Support Needs: Estimate child maintenance costs (e.g., education, healthcare). Both parents typically share responsibility, regardless of custody.
- Documents: Prepare birth certificates and any welfare reports if disputes arise.
7. Choose Your Divorce Approach
- Consensual Divorce: If both spouses agree, the process is faster (1.5–2 months for civil marriages). Prepare a mutual agreement if possible.
- Contested Divorce: If disputed, expect longer timelines (up to 18–24 months). Be ready for court hearings and mediation attempts.
8. Hire a Family Lawyer
- Engage a Cyprus-based lawyer experienced in family law to:
- File your petition with the District Family Court.
- Serve divorce papers to your spouse (via bailiff if in Cyprus, or internationally if abroad).
- Represent you in hearings and negotiations.
9. File the Divorce Petition
- Submit your application to the Family Court in your district (e.g., Limassol hearings are typically on Wednesdays). Include all required documents and fees (approx. €200 government fees, plus legal costs averaging €1600 + VAT for uncontested cases).
- For religious marriages, attach proof of the Bishop notification or an exemption certificate (e.g., police report for domestic violence).
10. Prepare for the Process
- Timeline: Uncontested civil divorces may take 6 weeks to 2 months; religious divorces take 4–5 months if uncontested. Contested cases can take over a year.
- Mediation: Consider court-ordered mediation to resolve disputes amicably (available under the Law on Mediation in Family Disputes, 2019).
- Respondent’s Role: If your spouse contests, they have 21 days to file a defence. If they don’t respond, you can proceed with an affidavit.
11. Address Post-Divorce Steps
- Certificate of Divorce: Collect this from the court a few days after approval.
- Name Change (if desired): Wives must file a separate affidavit to revert to a maiden name—divorce doesn’t change it automatically.
- Appeals: If contested, decisions can be appealed to the Second-Instance Family Court, suspending the divorce until resolved.
12. Understand Costs and Support
- Legal Fees: Vary by case complexity—uncontested divorces are cheaper and quicker.
- Alimony: File a separate application if needed; it’s not automatic and depends on factors like income and health.
- International Enforcement: If your spouse lives abroad, Cyprus’ EU agreements (e.g., Hague Convention) can enforce custody or support orders.
Confirm you meet the residency requirement (3+ months in Cyprus) and consult a family lawyer to file a petition with the Family Court.
Any spouse who has lived in Cyprus for at least 3 months, regardless of nationality, can file.
Uncontested civil divorces take 6 weeks to 2 months; religious divorces take 4–5 months. Contested cases can take 18–24 months.
The District Family Courts (e.g., Nicosia, Limassol) oversee all divorce cases.
Yes, if one spouse has resided in Cyprus for 3+ months, the courts have jurisdiction.
Common grounds include adultery, violence, irretrievable breakdown, or separation for 2+ years.
Yes, if both spouses agree, it’s a faster process called a consensual divorce.
Adultery is a valid ground, but you’ll need evidence like messages or witness statements.
Yes, 2 years of separation is a ground; 4 years makes it automatic unless contested.
Yes, if they’ve been absent for 7+ years with no contact, it’s a valid ground.
File a petition directly with the Family Court—no prior notice needed.
Notify the Bishop of your district first, wait 6 weeks, then file with the court.
Send a written notice to the Bishop via the Holy Archdiocese of Cyprus.
Yes, in urgent cases like domestic violence, with a police report as proof.
Civil rules apply unless a religious authority has specific jurisdiction—consult a lawyer.
Marriage certificate, IDs, residency proof, and evidence of grounds (e.g., photos, letters).
From the registry where your marriage was recorded (e.g., Municipality or Church).
Your lawyer submits it to the Family Court in your district with a small fee (around €200).
Papers can be served internationally via court bailiffs or under EU/Hague agreements.
They get 21 days to file a defence; if they don’t, you can proceed with an affidavit.
Government fees are about €200; legal fees start at €1600 + VAT for uncontested cases.
Yes, they can cost €2,000–€5,000 or more due to hearings and complexity.
Legal aid is available if you’re low-income—apply through the court.
Usually each spouse pays their own, but the court may order otherwise in contested cases.
Not typically, but international service or appeals can add costs—ask your lawyer.
Marital property (acquired during marriage) is split, with a 1/3 presumption for the lesser-contributing spouse.
You can claim a share based on your contributions (e.g., money, work)—prove it with records.
No, prenuptial agreements aren’t recognised, but post-divorce deals are.
It depends on ownership and kids’ needs—courts often prioritise stability for children.
Marital debts are split based on who incurred them and contributions—evidence is key.
Courts favour joint custody unless one parent is unfit; the child’s best interests decide.
Yes, if you prove the other parent poses a risk (e.g., violence, neglect).
Based on both parents’ income, kids’ needs, and living costs—courts set the amount.
Cyprus can enforce support orders via EU or Hague Convention agreements.
Over 14, their opinion may be considered, but the court decides.
Yes, if you need it due to income disparity, health, or other factors—file separately.
It varies—could be temporary or until remarriage, depending on the case.
Courts can enforce it via wage garnishment or property seizure.
Not directly, but behaviour (e.g., violence) can influence rulings.
Yes, it’s gender-neutral—based on need and financial disparity.
You can still proceed after 2 years of separation or with other grounds like violence.
Yes, but custody and support for the child will be addressed post-birth.
File with a police report—you may skip religious notice and get faster hearings.
Yes, to the Second-Instance Family Court within weeks, but it delays finalisation.
Cyprus recognises foreign divorces under EU rules or if registered locally.
Pick it up from the court a few days after the ruling.
Wives must file a separate affidavit—it’s not automatic.
Use Cyprus’ EU or Hague agreements—your lawyer can assist.
Only via appeal within a short window; otherwise, it’s final.
Update legal documents (e.g., ID, bank accounts) and plan your fresh start!