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Family Law

Cyprus Divorce Lawyers – Family Law

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:

  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.

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.

Divorce Cyprus

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:

  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.

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

Cyprus Family Law

See how our lawyers can help you with issues relating to Family Law.