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Family Law (Divorce) in Cyprus

The Family Courts of Cyprus have jurisdiction to adjudicate on divorce proceedings provided that the spouses (or one of them) reside permanently in Cyprus for a period of at least 3 months prior to the application for divorce.

Provided that this condition is met, the Family Courts of Cyprus can decide on the dissolution of any marriage irrespective of whether this is a religious wedding or a civil wedding and irrespective of the place at which the marriage was celebrated. The religion of the parties is also not taken into account for the purposes of divorce proceedings in Cyprus.

In accordance with the Family Courts Law (Law 23/90) an application for the dissolution of the marriage can be filed, among other reasons, whenever the marriage has been shattered for reasons relating to the other spouse or to both of the spouses and which has the result that the continuation of marital life for the applicant has become intolerable.

The shattering of the marriage includes inter alia, a disparity in the characters of the spouses.

The concept of consensual divorce is not recognised under the Cyprus legal system. However, provided that there is a continuing separation between the spouses for a period of over 4 years, any of the spouses can file for a divorce. In such a case, the court will grant a divorce irrespective of who is responsible for the shattering of the marriage.

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.

You may visit our Main Family Law Page Here.

Key People

Evripides Hadjinestoros Partner

Family Law

Corporate and Commercial Transactions

Litigation - ADR

eh@dhadjinestoros.com

Evripides is a partner at D. Hadjinestoros & Co LLC. After completing the LLB Law degree at Queen Mary University in London in 2009, he then completed a post-graduate diploma in Company Law LLM, at University College London. He graduated with Distinction. In 2016, Evripides published the book «The Law on the Sale of Goods and Consumer Protection in Cyprus», which was published by Nomiki Vivliothiki. He is a lecturer in commercial law at the European University Cyprus. He is also an accredited Mediator, Mediator Trainer and founder of the Cyprus Consumer Center for ADR

Maria Skarpari Senior Associate

Family Law

Litigation

Banking and Finance Law

mskarpari@dhadjinestoros.com

Frequently Asked Questions on Cyprus Family Law

Is a Divorce lawyer required for filing a divorce in Cyprus?

It is not necessary to appoint a lawyer to file a divorce in Cyprus. However, given the complexity of the pleadings as well as the legal issues surrounding the divorce, it is advisable to appoint a lawyer.

Is Family Mediation available in Cyprus?

Although a legal framework is applicable relating to Family Mediation under Cyprus Family Law, specific regulations relating to Cyprus Family Mediation are still under way. Therefore currently, the only legal channel is through the Cyprus Family Courts.

How do I obtain a divorce in Cyprus?

A divorce in Cyprus can be obtained through the Cyprus Family Courts based on reasons such as the serious breakdown of the relationship.

What are the legal consequences of a divorce in Cyprus?

A divorce in Cyprus does not bring any changes in the name of the spouses – the wife’s surname does not automatically change and it will remain so until she follows another official procedure to change her surname. The divorce does not bring any legal consequences on the marital assets, alimony, maintenance and custody of the children. Under Cyprus Family Law, separate applications in the Court are required to determine any issues relating to alimony, the children and the share in the matrimonial assets.