Divorce: Dissolving a Marriage in Cyprus & Related Issues
At Kathitjiotou & Stasi we aim to provide quality and speedy solutions to tailored to your personal needs. We understand that Family Law is a highly sensitive area of law, divorce being one of the areas that are most difficult to deal with, since human relationships are complicated, to say the least. While Cyprus is well known for its family oriented culture, it has been noted, in recent years, that one in five marriages in Cyprus end in divorce. For personalised advice suited to your unique circumstances, contact us for an appointment. First time consultations are a free service.
In order for a divorce to be dissolved by the Cypriot Courts, either one of the parties must have lived in the Republic of Cyprus and have been a resident for at least three (3) months, nationality not being a factor. The application for divorce must be filed with the Family Court at the province where the applicant lives. Proof of posting notification to the Bishop, where applicable, is required (as explained below).
Either Civil or Church marriages can be dissolved by Civil Courts in Cyprus.
The difference between the two procedures is that (a) when seeking to dissolve a marriage where a religious ceremony has taken place, the competent Bishop must be notified by written notice and only after the three-month period after the notice of divorce has passed, one is allowed to file an application for dissolution of marriage with the Registrar of the Family Court.
The only cases where this notice will not be necessary are in the case of divorces by reason of a spouse declared missing and presumed dead or divorce on the grounds of insanity; whereas (b) in case that a civil ceremony was celebrated and no religious ceremony took place, one may file an application in the Civil Court to divorce immediately.
The Law defines the grounds that a divorce decree may be obtained with, which includes but is not limited to:
Serious breakdown of the relationship;
Inexcusable desertion for two years or long periods of absence that add up to more than two years. An invitation to return should have been made;
Infidelity;
Separation for five years;
Immoral behaviour leading to relationship breakdown which makes the relationship intolerable to the applicant;
Violence within the relationship, physical abuse;
Insanity;
Imprisonment of the spouse for over seven years;
Spouse declared dead or missing;
Inability to have sexual intercourse which existed at the time of creation of the marriage and continues for six months and at the time of application for divorce;
Refusal of one party to have children against the wishes of the other party;
Change of religion.
A grant of exclusive use of the home or possessions pending divorce may be achievable, but the application for divorce will primarily concern the dissolution of the marriage, whereas matters concerning property disputes and maintenance will need to be settled by means of separate applications under the Family Law umbrella.
The Court will deal with the division of property in accordance with the Law Regulating Property Relations of Spouses (Law 232/1991) which provides that in the event of dissolution or annulment of a marriage if the property of one spouse has been increased and this increase has been contributed to in any way by the other spouse then an application may be made by the contributor for a return of a share of the increase.
The contribution will be presumed to be 1/3 of the increase unless a larger or smaller contribution is proved.
Alimony or Maintenance may also be awarded in according to the provisions of Law 232/1991 in the event that the spouse cannot maintain him/herself because of age, health or where a child is under 18.
The Relations of Parents and Children Law (216/1990) gives mandatory child maintenance provisions and states that parents are jointly responsible for the maintenance of minor children according to their capacity.
At Kathitjiotou & Stasi Law we realise the importance of client support and emphasise on confidentiality when giving advise on all aspects concerning divorce, property settlements, maintenance and custody. If you wish to speak to one of our lawyers in absolute confidence then please contact us.
