Procedure for Divorce in Cyprus
Divorce in Cyprus for Religious Marriages
To obtain a divorce in Cyprus an application to the District Family Court is necessary. In case the divorce is for a religious marriage of the Orthodox Church of Cyprus, then it is required for the applicant to first send a letter to the Archbishop. It is only after three months from the date of the letter have passed, that the applicant may file for a divorce.
Divorce in Cyprus for Civil Marriages
In case the marriage is a civil one, then there is no need to send a letter to the Archibishop. In all other respects the lawyer in Cyprus will follow the same procedure as is the case for a divorce relating to a religious marriage.
How long do the courts take before issuing a divorce in Cyprus?
The process of issuing a divorce depends on the steps taken in the procedure. Once one of the spouses files for divorce,the other spouse has two options, to contest it or not. In case they decide to contest it, this means that they will file a defence. After the filing of the defence, the applicant will file a reply. Then the court will hear the case.
If the respondent decides not to contest the divorce application , s/he can do so by not filing an appearance. S/he may also choose to appoint a lawyer with instructions not to contest the divorce.
What does it mean if I am not contesting the divorce?
In case a divorce is not contested, it means that the outcome will be a lot speedier. i.e. the divorce will be issued within a few months.
The Court, in issuing the divorce will decide which of the spouses is to blame for the divorce. This can be either of the spouses or both. In case the divorce application is uncontested, this almost invariably means that the applicant will be granted a divorce because of the fault of the respondent.
Furthermore, there may be practical reasons to contest a divorce. For example, an order for exclusive use of the Family Home ceases to exist at the time of granting the divorce. Therefore, it might be for the benefit of the respondent not to leave a divorce application uncontested.
Does a divorce in Cyprus affect the rights of a spouse in custody or child support?
No the result of a divorce in Cyprus will not have an impact on the custody of the children, unless evidence is given during the divorce trial that based onthe actions oromissions of a spouse, it would be against the interests of the child to grant that specific spouse custody of the child.
There is no impact from the result of divorce proceedings on child support proceedings.
This article is given for information purposes only and it does not constitute legal advice. For further information and advice please contact Mrs. Maria Skarpari at skarpari@dhadjinestoros.com or Mr. Evripides Hadjinestoros at eh@dhadjinestoros.com.
