The Family Law in Cyprus is governed by the Law on Family Courts of 1990, which establishes the operation of Family Courts in Cyprus. These courts are authorized to resolve cases related to Marriage and Divorce, Child Custody and Maintenance, Adoption, Property Disputes arising after marriage dissolution, and other related matters. For a smooth and stress-free divorce process, we advise you hire some experienced divorce lawyers in Cyprus.

Family Courts in Cyprus play a crucial role in regulating the relationships between spouses and children after a couple’s separation. The Family Court has jurisdiction over cases involving spouses belonging to the Greek Orthodox Church. However, for individuals from other religious groups, the jurisdiction to adjudicate cases lies with the Family Courts of Religious Groups.

If you’re considering divorce in Cyprus, you’ll be pleased to know that the process is typically faster than civil and criminal court proceedings. At our law firm, we work with the Family Courts to help our clients save time and money throughout the divorce process.

How to get a Divorce in Cyprus: The process

Looking for a divorce lawyer in Cyprus? Our law firm can help you with both consensual and Court applications. The Cypriot Courts can grant a divorce even for marriages not held in Cyprus. However, one spouse must reside or be located in Cyprus for at least 3 months to obtain a divorce decree. 

Knowing the address (work or residence) of your spouse can expedite the delivery process of your divorce application, as required by law. Whether the address is in Cyprus or abroad, it does not matter.

In cases where an address is unknown, social media platforms such as Facebook, Whatsapp, Viber, etc. can be used for delivering the divorce application after obtaining permission from the Court.

In the divorce procedure in Cyprus, the party being filed against is referred to as the “respondent” whereas the spouse initiating the divorce is known as the “applicant”. The Court schedules the first hearing after the divorce lawyer submits the petition, and the respondent must be served with the divorce petition in order to attend the hearing or appoint a counsel to defend them. The respondent may choose not to attend the first hearing, and in their absence, the divorce will be granted using the applicant’s process. The procedure can be protracted if the responder shows at the hearing and defends the divorce.

If the “respondent” fails to show at the initial hearing in District Family Court, the divorce case can be ended quickly. If the “respondent” does not show, the matter is placed for proof in about a week. The divorce lawyer will draft an affidavit for the “applicant” based on the facts revealed during the second hearing, which will be filed on the same day.

If all procedures are completed, such as serving the documents on the “respondent” via legal means, such as a sword grantor if they live in Cyprus, the divorce will be granted the same day. Within a few days, the divorce certificate will be issued.

The petition must include vital information such as the date of marriage, each party’s name and residence, and whether or not they have children. The court will look at the grounds for the divorce, such as miscommunication, disagreements, or loss of relationship contact, to establish who is to blame.

Who pays for Divorce’s legal fees

Divorce expenses that arise from the judicial process are paid by the spouse responsible for the dissolution of the marriage. These expenses include the costs of the trial and legal procedures. Who is responsible for the dissolution of the marriage is a matter of proof in court, which our office lawyers take on to prove and relieve you of the costs.

In the divorce petition drafted by your lawyer, the reasons for the divorce are stated for the court to determine liability and in most of cases claim . If the court decides that the spouses are equally responsible for the dissolution of the marriage, then the expenses are paid jointly.

Some factors that can help the court decide on the responsibility of the spouses are:

• Bigamy
• Adultery
• Abandonment
• Violence against the plaintiff or the child

The divorce petition includes the confirmation of the fact, the names of the parties, the date of the marriage, their address, and whether they have children.

The main part of the application that the court will examine is the reasons for the divorce and who is responsible for them, or whether the spouses are equally responsible.

Reasons of Divorce after the Law changes in 2023

The reasons for divorce in all marriages are now the same and these are:

1. The strong disruption of the marriage, for which evidence of disruption is maintained in case of bigamy, adultery, abandonment or violence against the plaintiff or the child
2. Two-year separation
3. The consent of both spouses to the dissolution of the marriage
4. A gender change of either spouse
5. Disappearance

Once a couple has been separated for TWO  years, the courts will automatically award divorce. Prolonged separation creates an unassailable assumption of a major breakdown in the marital relationship. It is possible to complete the planned time dimension despite short breaks that were taken to mend the relationship between spouses, as long as these breaks do not exceed a total of three (3) months.

Divorce by mutual consent

When a marriage has irreparably broken down due to mutual agreement, either or both spouses may file a petition for mutual divorce at least six (6) months after the wedding ceremony. The court must be informed of the spouses’ consent, and in cases where minor children are involved, a copy of the court decision that regulates custody and communication issues must be submitted, or a mutually agreed decision can be requested.

The court may issue a decision on the divorce and these issues at the same session

Exclusive use of Family Home

An application to the court to secure the use of the family property while divorce proceedings in Cyprus is a very severe procedure.

Under Cyprus Family Law, a spouse may get exclusive use of the family residence on three occasions:

• The cessation of the spouses’ cohabitation or
• The mailing of a marital breakup notification to the Archbishop or
• In the event of a divorce petition is filled in Cyprus

Additionally, at the request and taking into consideration the circumstances, the Family Court may give exclusive use of the family residence.

After the Divorce is issued

To claim child support from your ex-spouse, an individual must meet certain requirements following the dissolution of their marriage and the issuance of a certificate of divorce. These requirements include:

1. He/she is being unable to work due to age or health at the time of the divorce,
2. He/she has custody of a small child, an adult child, or another dependent person who is unable to care for himself/herself owing to a physical or mental disability and is thus barred from pursuing an acceptable job
3. He/she is being unable to find suitable employment or in need of professional training for up to three years post-divorce.

Also after the Divorce is issued, if the ex-spouses have minor children, two separate petitions for maintenance and custody of the children must be filed to regulate the amount of maintenance is required for children. Also decisions to be made where the children will reside, the communication rights of the parent that does not have the custody etc.

Another crucial matter, after the Divorce is issued, are the Property Dispute matters. where another petition must be filled to Court if the couple is not willing to share their property/assets and the matter needs to be regulated by the Court.

Your trusted Family Lawyers in Cyprus

You can contact us today to start preparing all the necessary documents to get you out of an unpleasant situation as soon as possible. Our well experience Family attorneys will explain you the details and provide guidance on the procedure to be followed.

Legal Aid Available

Legal aid is available to any natural person, including citizens and foreigners, who can demonstrate an inability to pay for legal costs without compromising their basic needs or obligations to their family