The divorce lawyers of our firm can file a petition of divorce (dissolution of marriage) of a civil or religious marriage that has taken place in Cyprus or internationally, with the requirement that any of the spouses is living in Cyprus for at least 3 months.
An essential requirement to be able to issue the divorce in Cyprus is to know the address of the other spouse (either their work or home address) to serve the papers of the divorce through a bailiff. It is not significant if the applicant was married in Cyprus or abroad.
Divorce in civil marriage
No matter if the wedding has happened in Cyprus or abroad if one of the spouses lives in Cyprus for at least three months, then the Family Court has jurisdiction to dissolve the marriage. Dissolving a civil marriage at a District Family Court, especially if the spouses agree on the divorce is one of the most straightforward procedures. The required documents to present at the Court are only the marriage certificate and an affidavit from the applicant of the divorce.
The time needed to receive the paper of divorce in a civil marriage, when both parties agree, is about one month and a half or less depending on the executive circumstances of each case.
The party against whom the divorce will be filed is known as the “respondent” in terms of the procedure. The spouse who files the petition of the divorce in Cyprus is known as the “applicant”. Once divorce lawyer files the petition, the Court sets a specific date for the first hearing. At the same time, the divorce petition has to be served to the other spouse, “the respondent” so that he/she can be aware of the first hearing to be present. Or he/she can appoint a divorce lawyer to defend the petition. The “respondent” also has the right to not to appear to the first hearing. The divorce will be issued in his/her absence by the procedure that will be lead by the “applicant”. If the respondent appears on the first hearing and objects to the divorce, then the divorce procedure that will follow will take a lot of time to be completed.
The fastest way to issue the divorce is when the “respondent” does not appear at the first hearing. If the “respondent” does not appear at the District Family Court, then the divorce case will be set for proof approximately in a week. The divorce cases take place at the District Family Court of Limassol every Wednesday at the moment. When the case is set for proof, the divorce lawyer, following the facts told by the “applicant” will prepare an affidavit for the applicant. It will be filed on the day that the divorce case is set for its second hearing (when the “respondent” does not appear on the first hearing). After filing the affidavit, the lawyer will appear on the hearing presenting the affidavit of the “applicant”. If all requirements are met (such as serving the documents to the “respondent” through a valid method such as bailiff if he/she lives in Cyprus or DHL), then the divorce will be issued on the same day. Then it takes a few days to receive the certificate of divorce.
To conclude, the divorce in Cyprus where the District Family Court has jurisdiction can be both a simple process or a complicated process depending on the facts of each case. Our firm’s divorce lawyers can assist you in your requests and offer you one free first consultation at our office or through e-mail.
Legal grounds of divorce
The divorce can be issued against the “respondent” due to the serious breakdown of the relationship, which is a reason that refers to both spouses.
If the “applicant” wants to blame the “respondent” for the dissolution of the marriage, he/she can refer to the following legal grounds of divorce:
- An abusive or offensive or other repetitive indecent causing a severe fall of the relationship making the marriage unbearable for the applicant.
- Physical abuse.
- Unjustified for two years abandonment.
Legal consequences of divorce/separation
When the marriage is dissolved, and the certificate of divorce is issued then if one of the ex-spouses cannot secure his or her income or property, he/she shall be entitled to claim maintenance from the other if one of the following requirements is met:
- At the time of the divorce, he/she is of age or in a state of health which does not allow him/her to begin or continue the pursuit of an appropriate occupation.
- He/she has custody a minor child or an adult child or other dependent person who, due to a physical or mental disability, is unable to take care of himself/herself And is therefore prevented from pursuing an appropriate profession.
- He/she does not find a suitable permanent job or if he/she needs professional training, and in both cases for a period that cannot exceed three years from the date of divorce.
If the ex-spouses have minor child/children, then they should file another two petitions, one for the maintenance and one for the custody of the child/children.
Division of property after the divorce / Divorce financial settlement
If the ex-spouses have gained property or increased their assets during the marriage or before marriage for the purpose of marriage, they should file another petition at the Court in case they do not agree in sharing their property/assets with the other spouse. As Cyprus’ law implies: If the marriage is dissolved, or if the spouses are separated (before receiving divorce), and the property of one spouse is increased, the other spouse, if he/she has contributed in any way to the increase, has the right to bring a claim to the Court of Justice and to request the return of his/her part of the increase that comes from his/her contribution.
Divorce by mutual consent or divorce agreement
In Cyprus, we don’t have the term divorce by mutual consent or divorce agreement. However, if both parties agree on the issuance of the divorce, they can file the papers of divorce at the District Family Court. The reason for the divorce will be a serious breakdown of the relationship. If the “respondent” does not appear on the first hearing of the divorce, then the divorce will be issued very soon after the hearing.
Online divorce in Cyprus
If you have been married in Cyprus or abroad and your spouse is living now in Cyprus for at least 3 months, you can file a petition of divorce. The procedure cannot be executed online, but civil marriage lawyers can receive directions from you online through e-mail/video calls to start the procedure of divorce. Then serve the papers of divorce to the spouse who lives in Cyprus. There are two requirements to begin this process of divorce which are the following:
- The spouse lives in Cyprus for at least 3 months.
- You, the applicant, know the address and contact details of the spouse to be able to serve to him/her the papers of divorce through a bailiff.
Thus no matter where you are in the world you can receive the divorce from Cyprus, which will be posted to you internationally if the above requirements are met.
Our firm provides specialized legal opinions on all family law matters, please contact us for further details.