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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.
The grounds for divorce are as follows:
Grounds for divorce:
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;
Separation for five years.
Divorce entails the dissolution of marriage.
There are no consequences with regard to change of name.
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.
The term “legal separation” does not exist in Cypriot family law.
From the date of the annulment decision the marriage has no effect.
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.
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.
At present no such means exist. A bill is being drawn up by the Law Commissioner on mediation in family affairs.
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.
Yes, by fixing the appropriate application with the Family Court.
Yes, it is possible to appeal against a decision relating to divorce or marriage annulment in the Family Court of Second Instance.
It is possible to do this by applying to the Family Court, provided that Cyprus has a legal cooperation agreement with the country concerned.
The objection must be lodged with the Family Court to which the application for recognition and registration of the foreign decision is submitted.
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.Top
Last update: 19-02-2007