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Divorce in Cyprus

Divorce in Cyprus

Updated on Tuesday 22nd September 2015

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Divorce-in-CyprusThe Cypriot legislation for divorce proceedings

Cyprus enabled the Marriage Law in 2003 which divided divorce procedures based on the date of marriage: before or after 2003. For marriages registered before 2003, divorce proceedings will be regulated by the Cypriot Family Courts Law. For marriages registered after 2003, marriage dissolution will be regulated by the Marriage Law.

 The Cypriot Civil Law does not acknowledge the term “legal separation”. Marriage annulment may be enforced by the Family Court in Cyprus, provided the application is submitted within three years from the registration.

What are the main grounds for divorce in Cyprus?

According to the legislation the following grounds are taken into consideration when filing for divorce in Cyprus:

  • - infidelity,
  • - the breakdown of the martial relationship,
  • - four years of continuous separation,
  • - the absence of one of the spouses for two or more years,
  • - the imprisonment of one the spouses,
  • - separation for five years,
  • - a violent behavior,
  • - an immoral behavior.

For more information about the grounds for divorce you may also contact our lawyers in Cyprus.

What are the divorce proceedings in Cyprus?

When starting a divorce procedure in Cyprus, spouses are required to file a petition with a cleric in one of the spouses’ residential area. The cleric would usually try to reconcile the couple before starting the separation proceedings, but nowadays this practice is less common. After filing the petition, the cleric will send both spouses a notification from the church stating the divorce procedures must be began by the ecclesiastical court. Once the notice is received, the couple must wait three months before submitting their petition with the Cypriot Family Court. The Family Court will decide in the following divorce issues:

  • - dissolution of marriages celebrated in churches,
  • - dissolution of a religious marriage, provided that the dissolution does not fall under the regulations of the Family Courts of the Religious Groups,
  • - dissolution of civil marriages,
  • family issues such as child custody, maintenance and division of property.

Considering the difficulties arising from the application for divorce with ecclesiastical courts and family courts as well, couples are advised to ask for the legal advice of a law firm in Cyprus before commencing the procedure.

 

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