PUBLICATIONS 

Rights of Spouses after separation and after issuance of the divorce in Cyprus

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1. Alimony

As soon as the cohabitation of spouses is terminated, the Court may, at the request of the spouse, issue a Decree of alimony ordering the other spouse to pay alimony to the applicant.

The claim is personal and non-transferable. It is a prerequisite that the couple is married.

Alimony ceases with the dissolution of the marriage. This means that the death of a spouse which brings about the dissolution of the marriage also leads to the cessation of the obligation to pay alimony.

Post-divorce Alimony

In case of dissolution of the marriage, there is the right (based on the discretion of the Family Court) of the Spouse to request a specific form of Alimony named “Post-divorce” Alimony.

Post divorce Alimony has a moral character and its purpose is to aid the ex-spouse who is in need of support. It is ordered by the Court for reasons of leniency.

Post-divorce Alimony may be excluded or restricted if this is required for important reasons, in particular in case the marriage has been for a limited duration or in case the beneficiary is liable for the termination of the marriage or for terminating the cohabitation then this type of alimony is restricted.

Post divorce alimony ceases as soon as the beneficiary remarries or permanently cohabitates with another person in a free union.

2. RIGHT OF EXCLUSIVE USE OF THE FAMILY HOME

In the event of termination of the cohabitation or in case of divorce proceedings, the Family Court may, at the request of one of the spouses, in case that it is equitable or in case the interests of the children so require, may grant the exclusive use of all or part of the family home irrespective of ownership.

Granting of the exclusive use of the family home can be achieved before the divorce and after the separation.

3. USE OF MOVABLES

Each of the spouses is entitled to receive the movables belonging to him or her even if they were used by both spouses. However, s/he is obliged to provide the other spouse with the use of the household items that are absolutely necessary for living separately if this is required for reasons of equity.

4. PARTICIPATION IN THE MARITAL PROPERTY

In case the marriage is dissolved or in case of separation of the spouses and the property of one spouse has increased, the other spouse, as long as s/he has contributed in any way to this increase, is entitled to sue in court and demand the return of part of the increase which is attributable to his own contribution.

The contribution of one spouse to the increase of the other’s property is presumed to be one third of the increase unless a larger or smaller contribution is proved.

Rebuttable Presumption

If neither a larger or smaller contribution has been proved, then a rebuttable presumption stated in article 14(2) of Law 232/91 applies.Under this presumption, in case there is an increase of the spouse’s property due to:

(a) Donation, inheritance or other gratuitous cause.

(b) With the disposal of property acquired with the reasons mentioned in paragraph (a) above

That is not taken into account.

Limitation of Actions for Marital Property

The claim for participation in the marital property is barred three years after the dissolution or annulment of the marriage.

However, for the purposes of the Law, any counterclaim shall be considered as starting to run from the date the initial case has been filed.

Loss of the right to sue and reduction of the amount of the claim.

The Court may not award any amount to the Applicant’s spouse or reduce the amount to which s/he is entitled under the same article in case s/he has  left the spouse without reasonable cause or omitted to maintain it.

This provision has never been implemented in practice and has never been decided by the Second Instance Court or its constitutionality judged by the Supreme Court. However, in a first instance decision concerning the creation of an extramarital affair, it was stated that:

“For the purposes of this article, the Court shall take into account the other spouse’s conduct towards the plaintiff. In this case, the mutual suspicion, as I have mentioned before, had consistently shaken the marital relationship of the parties.

It doesn’t matter if the spouse is to blame or not. ”

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

 You may visit our Main Family Law Page Here.

Key People

Maria Skarpari Senior Associate
Maria Skarpari has over 25 years of experience in family law representing hundreds of clients in the Cyprus Family Courts. She has also vast experience in negotiations, litigation and banking and finance law.

Frequently Asked Questions on Cyprus Family Law

Is a prenuptial agreement recognised in Cyprus?

No, a prenuptial agreement is not recognised in Cyprus, but after separation the couple may decide on how their property will be legally separated between them through an agreement.

Is a divorce required prior to filing an application for child custody, maintenance or to resolve property disputes?

No, under Cyprus Family Law, your rights to file applications for all the above begin after separation, therefore there is no need to wait for the divorce before you determine those issues.

Who gets the custody of the children in case of a divorce in Cyprus?

Under Cyprus Family Law only one of the parents will get the custody of the children. In practice that means usually the wife, although there are circumstances where the husband will be allowed custody. As a matter of course, the other parent will be allowed communication with the children for some periods during the week.

How is child support calculated under Cyprus Family Law?

Under Cyprus Family Law, child Support in Cyprus is given to the parent who has been granted custody of the child. Typical expenses calculated for child support are food supplies, water and electricity bills, rent, phone and internet bills, shoes and clothes as well as doctor’s fees. You can find out more by visiting this page.

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