Cyprus family law regulates the relationship between spouses and children after the couple's separation.
After the separation, the following matters arise, each of them is a separate case for the family court.
The family courts have exclusive jurisdiction to determine petitions for divorce, custody of children, maintenance and property disputes between spouses where the parties are members of the Greek Orthodox Church.
If the parties belong to one of the other religious groups, jurisdiction is vested in the Family Court for Religious Groups. There are 3 Family Courts, one for Nicosia and Kyrenia, one for Limassol and Paphos and one for Larnaca and Famagusta. There is also one Family Court for Religious Groups based in Nicosia.
Petition for divorce can be filed at the District Family Court by any of the spouses after their separation. In order for the Cypriot Courts to have jurisdiction, the spouses must live in Cyprus for at least three months prior to the filing of the divorce application.
The petition stated above includes the facts of the case, name of parties, date of marriage, address as well as if they have a child/ children. The main part of the petition that the Court will consider is the reasons of the divorce and which of the spouses is responsible for those reasons or whether the spouses are equally responsible for the divorce for example equally responsible for the serious breakdown of the relationship (loss of contact, miscommunication, conflicts).
In the case, that one of the spouses is responsible then he/she will be ordered from the Court to pay the costs of the trial/legal proceedings whereas if both parties are responsible then each party will pay its own expenses.
Once the petition is filed by one of the spouses the Court sets a specific date for the first hearing of the petition. The divorce petition is served to the other spouse so that he/she can be aware of the first hearing in order to be present or he/she can appoint a divorce lawyer to defend the petition.
If one of the spouses does not appoint a family lawyer and or if he/she does not appear in the first hearing, then the case is set for finalization and the divorce is issued in his/her absence. In this case also the other party may be ordered to pay the legal fees moreover as per recent amended on the family law procedure and rules the applicant party does not need to give verbal evidence in the courtroom to prove his/her petition but he/she needs only to sign an affidavit confirming the reasons of the divorce petition and then the divorce is issued.
If the other party appoints a lawyer then they will submit their own written defence, through which they will be either denying the reasons of the divorce or they will simply be adding their own reasons for the divorce, and the court will proceed to trial.
In all cases, prior to trial the family lawyers always help the parties to reach a friendly settlement of the petition and to the issuance of the divorce. Furthermore, judgements of divorce by the Court do not mention any reasons for divorce, just the fact that the marriage is dissolved.
The legal costs for a divorce depend on the procedure and are determined by the advocates’ rules. If the parties agree and there will not be any dispute as to the issue of the divorce the costs can be pre-agreed with the lawyer.
The government fees to file a divorce application including stamps, and bailiff fees are about €200.
Any property acquired by the spouses during initial cohabitation with a prospect of marriage as well as during their marriage is a common property of the spouses that can be distributed through filing a petition at the District Family Court as follows:
For the distribution among the parties of their common property, the financial contribution of each spouse separately to the acquisition of their common property is taken into consideration. Any property that each of the spouses had before his or her cohabitation with a prospect of marriage it is and remains his/her own, meaning that it will not be considered by the Court and will not be distributed. Furthermore, any property acquired by the spouses through a donation from their parents it is and remains their own property, and it will not be considered or distributed by the Court.
Regarding the distribution of the common property of the spouses, the Court will consider the value of the property on the day of the separation of the spouses.
Any of the spouses can file a petition at the Court and he/she must serve the petition to the other party. After the appearance of both parties at the court, they will file their written positions and afterwards, both parties will try to reach an agreement. If an agreement cannot be reached the court will decide based on the parties’ written positions.
After the couple's divorce, one of the parents will have the child/children care and custody and the other parent has the right to adequate communication with the child/children.
One of the two parents can file a petition at the District Family Court where the child lives and thus after legal proceedings the Court will decide which of the parents will take the child care and custody and it will regulate the right of communication of the other parent.
If both parents agree on the above matters, then a court order is issued directly and specifically regarding the right of communication and the days and time the other parent will be able to exercise his/her right of communication with his/her child/children.
If the parents cannot reach an agreement on the issues stated above, the court proceedings will continue through the written positions of both parties. Afterwards, the Court will come up with a final decision bearing in mind the positions of the parties as well as the Local Welfare’s Office Report. The Local Welfare Office will assign to an employee of theirs the to visit the home of each parent in order to prepare a report for the Court proceedings regarding the living conditions of the parents and child/children. The report will be based also on the opinion of children regarding for example with whom of the parents they want to stay with.
The Parents and Children Relations Laws 1990 to 2008 include all the provisions regarding child care and maintenance, and communication with the parents as well as removing through court proceedings the child care and maintenance off one of the parents and more. The parents are undoubtedly and inseparably responsible for the child/children’s maintenance up to the age of 18.
The parent who has the child care and custody following a Court decision is entitled to claim child maintenance for the minor child/children from the other parent. The claim stated above must be filed through a petition at the District Family Court where the children/child live(s).
The court considering the needs of the child/children and the income of each parent separately and jointly determines the child maintenance amount. Both parents have an obligation to contribute to their child/children maintenance based on their income and financial needs and expenses. The maintenance may be agreed between the parties and then a Court order can be issued. However, if the parents do not agree on the above, the Court, through legal proceedings, decides on the amount of maintenance and issues a court order.
After the family court order, the parent is obliged to pay the maintenance amount to his/her child/children otherwise the other parent can claim an arrest warrant against him/her. Adult children also have a right to maintenance if they are students. In this case, however, they must file a new petition at the District Family Court against the parent from whom they are requesting the maintenance.
The parent who has the child care and custody following a Court order, if he/she is not receiving any financial support from the other parent for the maintenance of the child/children, he/she is entitled to file an ex-parte petition at the court meaning without giving notice to the other party. The procedure stated above through an ex-parte petition is usually followed when financial support is urgent for the child. The Court will hear the case immediately following the filing of the petition and issue an order so that the child/children will be able to receive immediate financial support, however, some requirements must be met for the court to issue the order. The order stated above that is issued is not final unless the court decides so. Moreover, the Court before issuing the order can request the opinion of the other parent against whom such an order is demanded.
Our practice involves legal assistance on all matters related to family law:
Our team of family lawyers in Limassol has the necessary experience and is ready to deal with any of the above matters and to provide with support.