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Last update: 19-02-2007
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Divorce - Cyprus

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TABLE OF CONTENTS

1. What are the conditions for obtaining a divorce? 1.
2. What are the grounds for divorce? 2.
3. What are the legal consequences of a divorce? 3.
4. What does the legal term “legal separation” mean in practical terms? 4.
5. What are the conditions for legal separation? 5.
6. What are the legal consequences of legal separation? 6.
7. What does the term “marriage annulment” mean in practice? 7.
8. What are the conditions for marriage annulment? 8.
9. What are the legal consequences of marriage annulment? 9.
10. Are there alternative non-judicial means for solving issues relating to the divorce without going to court? 10.
11. Where should I lodge my application for divorce/marriage annulment? Which formalities must be respected and which documents should I attach to my application? 11.
12. Can I obtain legal aid to cover the costs of the procedure? 12.
13. Is it possible to appeal against a decision relating to divorce/marriage annulment in Cyprus? 13.
14. What should I do to have a decision on divorce/marriage annulment issued by a court in another Member State country recognised in Cyprus? 14.
15. To which court should I turn in Cyprus to oppose the recognition of a decision on divorce/marriage annulment issued by a court in another Member State? Which procedure applies in these cases? 15.
16. Which is the applicable law in a divorce proceeding between spouses who do not live in Cyprus or who are of different nationalities? 16.

 

1. What are the conditions for obtaining a divorce?

If the marriage was celebrated in church, the competent bishop must be notified before divorce action can be taken. This is not required if divorce is sought on grounds of a spouse declared missing presumed dead or on grounds of insanity.

2. What are the grounds for divorce?

The grounds for divorce are as follows:

Grounds for divorce:

Infidelity;

Immoral, disgraceful or other repeated unpardonable behaviour leading to complete breakdown of the relationship and rendering the relationship intolerable to the applicant;

Attempt on a spouse's life, e.g. physical assault;

Insanity over a three-year period rendering cohabitation intolerable;

A final conviction leading to imprisonment of a spouse for seven years or more,

Spouse declared missing presumed dead;

Inability to have sexual intercourse existing when the marriage was contracted and continuing for six months and at the time the divorce application is made;

Inexcusable desertion for two years. Long periods of absence adding up to more than two years. An invitation to return must be addressed to the respondent;

Change of religion or the use of moral force or attempt to convert to a sect;

Persistent refusal to have children, despite the wishes of the other spouse;

Serious breakdown;

Separation for five years.

3. What are the legal consequences of a divorce?

Divorce entails the dissolution of marriage.

There are no consequences with regard to change of name.

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Divorce does not have consequences for property disputes; another application must be made to settle such disputes.

Divorce does not automatically entail an obligation to pay maintenance to the other spouse. Another separate application must be made once the couple is separated.

4. What does the legal term “legal separation” mean in practical terms?

The term “legal separation” does not exist in Cypriot family law.

5. What are the conditions for legal separation?

6. What are the legal consequences of legal separation?

7. What does the term “marriage annulment” mean in practice?

From the date of the annulment decision the marriage has no effect.

8. What are the conditions for marriage annulment?

The annulment of a marriage requires a decision of the Family Court. The application for annulment must be made within three years of the marriage.

9. What are the legal consequences of marriage annulment?

Any marriage that is annulled or declared invalid by a final court decision ceases to have any effect from the date the decision is handed down.

10. Are there alternative non-judicial means for solving issues relating to the divorce without going to court?

At present no such means exist. A bill is being drawn up by the Law Commissioner on mediation in family affairs.

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11. Where should I lodge my application for divorce/marriage annulment? Which formalities must be respected and which documents should I attach to my application?

An application for dissolution or annulment of marriage must be submitted to the Family Court of the Province where the parties live. The application must be in Model 1 of the Procedural Regulations of the Supreme Court of 1990. Before the application for divorce, proof of posting or receipt of the registered letter notifying the bishop must be submitted to the Registrar of the Family Court.

12. Can I obtain legal aid to cover the costs of the procedure?

Yes, by fixing the appropriate application with the Family Court.

13. Is it possible to appeal against a decision relating to divorce/marriage annulment in Cyprus?

Yes, it is possible to appeal against a decision relating to divorce or marriage annulment in the Family Court of Second Instance.

14. What should I do to have a decision on divorce/marriage annulment issued by a court in another Member State country recognised in Cyprus?

It is possible to do this by applying to the Family Court, provided that Cyprus has a legal cooperation agreement with the country concerned.

15. To which court should I turn in Cyprus to oppose the recognition of a decision on divorce/marriage annulment issued by a court in another Member State? Which procedure applies in these cases?

The objection must be lodged with the Family Court to which the application for recognition and registration of the foreign decision is submitted.

16. Which is the applicable law in a divorce proceeding between spouses who do not live in Cyprus or who are of different nationalities?

For the Family Court to have jurisdiction to handle the dissolution or annulment of a marriage, the parties must live in Cyprus for at least three months. If the Family Court does have jurisdiction, then Cypriot law applies.

« Divorce - General information | Cyprus - General information »

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Last update: 19-02-2007

 
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