Cyprus Divorce Lawyers – Family Law

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.

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:

1. 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.
2. 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.

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:

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.

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:

1. The end of the couple’s joint living arrangement;
2. Delivering a notification of the marriage’s dissolution to the archbishop;
3. 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.