Cyprus has a strong legislation for the protection of family rights. The Family Law is based on the Greek family legislation and all disputes arising from marital disputes are tried by Cypriot family courts. The main laws governing family in Cyprus are:
Additionally, the Family Law also contains provisions on marriage, divorce and division of property in case of divorce in Cyprus.
Family courts in Cyprus have jurisdiction in cases of divorce, parental and child support. However, Cyprus also recognizes Family Courts of Religious Groups. Marriage dissolution of religious marriages celebrated in Cyprus is tried by the Family Courts of Religious Groups. An important requirement to get a divorce in Cyprus is that at least one of the spouses must be a resident.
Divorce proceedings in case of civil marriages are simpler because one of the spouses may file directly for dissolution. In case of religious marriages, the spouse requesting the divorce must first notify the Bishop of his or her intention. The Bishop will then try to reconcile the couple before and the divorce petition will be filed three months after the notification, according to the Cypriot Family Law.
Our Cypriot lawyers will provide you with more information about the grounds of separation.
The most important issues arising from divorce are child custody and support and the division of assets between spouses. Articles 6 and 7 in the Civil Code in Cyprus stipulate that both parents have the responsibility to support children. The Family Court will decide how parental care is to be exercised, unless the parties have reached an agreement. Parents may also agree on the place of residence of the children. In an agreement has not been reached with respect to child custody, the Court will rule based on the children’s best interest.
With respect to the division of assets, ownership is the main criterion in case of divorce. A Cypriot property may be divided between spouses only if the Court disposes so based on extraordinary circumstances.
If you need assistance in litigation cases, please contact our Cypriot attorneys.
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