Our family law services in Cyprus
Facing family-related legal issues or disputes in Cyprus? Our team offers expert advice and comprehensive services in all areas of Cypriot family law, including:
- Family disputes
- Prenuptial and postnuptial agreements
- Adoption and guardianship legal aid
- Cross-border family law assistance
- Spousal support and alimony negotiations
- Divorce applications
- Distribution of family wealth and assets
- Children’s custody and communication
- Childcare and maintenance
Our experienced family lawyers in Cyprus are equipped to handle any of these matters with specialized legal opinions tailored to your needs. Contact us for further details and personalized assistance.
Family Lawyer in Cyprus
Delicate times handled with care
The Family Law team provides our trademark levels of quality and personal attention across issues such as divorce procedures, child custody, maintenance and care disputes, adoption, asset separation and more.
Naturally, we always act with maximum discretion and sensitivity, to minimize the emotional and financial impact of difficult circumstances. Each of our lawyers understands that every family is different and needs highly individual guidance. We know how to listen, respond and deliver the practical professional expertise that’s so important.
Our Family Law services in Cyprus
Our family law services in Cyprus are dedicated to addressing the complexities that arise between separated spouses and their children. Once a couple decides to part ways, various legal matters must be resolved, each considered a distinct case within the Cyprus family court system. These specialized courts possess exclusive authority over petitions for divorce, child custody arrangements, maintenance, and property disputes, specifically for spouses who are members of the Greek Orthodox Church.
For individuals belonging to other religious groups, jurisdiction is entrusted to the Family Court for Religious Groups. Cyprus hosts three main Family Courts: one serving Nicosia and Kyrenia, another for Limassol and Paphos, and a third for Larnaca and Famagusta. Additionally, there is a dedicated Family Court for Religious Groups located in Nicosia.
Divorce Law in Cyprus
At our law firm, we understand that filing for divorce is a significant and sensitive step. In Cyprus, a petition for divorce can be filed by either spouse at the District Family Court following their separation. To establish jurisdiction, the spouses must have resided in Cyprus for at least three months before submitting the divorce application.
The divorce petition must include the facts of the case, the names of the parties, the date of marriage, their addresses, and any information regarding children. The core focus of the petition is the reasons for the divorce and determining which spouse is responsible for these reasons, or if both spouses share equal responsibility, such as in cases of mutual miscommunication, loss of contact, or conflicts leading to a severe breakdown of the relationship.
If one spouse is deemed responsible, the court may order them to cover the trial and legal proceedings’ costs. If both parties share the blame, each will bear their own expenses.
After filing the petition, the court sets a date for the initial hearing. The divorce petition is then served to the other spouse, ensuring they are informed of the hearing and can attend or appoint a divorce lawyer to represent them. If a spouse fails to appoint a lawyer or appear at the first hearing, the case proceeds to finalization, and the divorce may be issued in their absence, potentially obliging them to pay the legal fees. Recent amendments to family law procedures allow the applicant to simply sign an affidavit confirming the reasons for the divorce without needing to provide verbal evidence in court.
Should the other party appoint a lawyer, they will submit a written defense, either contesting the reasons for the divorce or stating their own grounds. The court will then move forward to trial.
In all cases, our experienced family lawyers strive to facilitate amicable settlements before the trial, aiming to simplify the process and reduce conflict. Notably, divorce judgments issued by the court do not include the reasons for the divorce, only the dissolution of the marriage.
Cost and Fees of Divorce in Cyprus
The legal costs for divorce in Cyprus vary based on the procedure and are guided by the lawyers’ rules. When both parties agree and there are no disputes regarding the divorce, the costs can be pre-agreed with the lawyer.
Government fees for filing a divorce application, which include stamps and bailiff fees, are approximately €200. Divorce lawyer fees depend on the specifics of each case and whether the spouses mutually agree to the divorce. On average, the cost is around €800 plus VAT and expenses, provided both spouses are in Cyprus and in agreement about the divorce.
How long is the divorce procedure in Cyprus?
The duration of a divorce procedure in Cyprus depends on whether one of the spouses contests the divorce. If both parties agree to the divorce, the process is relatively quick, with the applicant spouse typically receiving the divorce papers within 1.5 to 2 months. This timeline assumes that the respondent’s address is known, allowing the bailiff to serve the divorce petition.
However, if one spouse objects to the divorce, the process becomes more complex and extended. In such cases, the procedure can take anywhere from nine months to a year and a half.
Division of property during divorce
Any property acquired by the spouses during their initial cohabitation with the intention of marriage, as well as during their marriage, is considered common property. This property can be divided by filing a petition at the District Family Court, with the following considerations:
- The court will assess the financial contribution of each spouse separately when dividing their joint property.
- Property owned by either spouse before cohabitation with the intention of marriage remains individual property and will not be subject to division.
- Property acquired through donations from parents remains the personal property of the receiving spouse and will not be considered for distribution by the court.
- The value of the common property will be evaluated as of the date of the spouses’ separation for distribution purposes.
Either spouse can file a petition for property division, which must be served to the other party. Both parties will then present their written positions in court and attempt to reach an agreement. If an agreement cannot be achieved, the court will make a decision based on the written positions provided by both parties.
Children’s custody and communication
Following a divorce, one parent will typically receive custody of the child/children, while the other parent retains the right to regular communication.
A parent can file a petition at the District Family Court where the child resides. The court will then determine custody and regulate the other parent’s communication rights.
If both parents agree on custody and communication, the court issues an order specifying the terms, including days and times for contact.
If the parents cannot agree, the court will consider the written positions of both parties and a report from the Local Welfare Office. This report, based on home visits and the child’s preferences, will help the court make a final decision regarding custody and communication.
Childcare and maintenance during divorce in Cyprus
Under the Parents and Children Relations Laws of 1990 to 2008, both parents are jointly responsible for the maintenance of their child until the age of 18. If one parent is awarded custody following a court decision, they are entitled to claim child maintenance from the other parent. This claim must be filed at the District Family Court where the child resides.
The court determines the maintenance amount based on the child’s needs and each parent’s income. Both parents must contribute according to their financial capacity. If parents reach an agreement, the court issues an order reflecting this. If they cannot agree, the court decides the amount through legal proceedings, considering both parents’ written submissions and a report from the Local Welfare Office.
If a parent fails to pay the ordered maintenance, the other parent can seek an arrest warrant. Adult children pursuing higher education can also claim maintenance by filing a new petition against the responsible parent.
What are the costs associated with filing for divorce in Cyprus?
Government fees for filing a divorce application, including stamps and bailiff fees, are approximately €200.
Legal fees for divorce depend on the specifics of each case and whether the spouses mutually agree to the divorce.
On average, the cost is around €800 plus VAT and expenses, assuming both spouses are in agreement.
How is child custody determined in Cyprus following a divorce?
Child custody is typically awarded to one parent, with the other parent retaining communication rights.
If parents agree on custody, the court issues an order specifying the terms. If there is no agreement, the court considers the written positions of both parties and a report from the Local Welfare Office to make a final decision.
What is the process for filing a divorce in Cyprus?
To file for divorce in Cyprus, a petition must be submitted to the District Family Court after the spouses have been separated.
The petition should include details such as the facts of the case, names of the parties, date of marriage, addresses, and information about children.
The court then sets a hearing date, and the petition is served to the other spouse.
What family law services does your firm offer in Cyprus?
Our firm provides a wide range of family law services, including divorce applications, child custody arrangements, maintenance and alimony negotiations, property division, prenuptial and postnuptial agreements, adoption and guardianship legal aid, cross-border family law assistance, and spousal support.
How long does the divorce process take in Cyprus?
The duration of the divorce process in Cyprus varies based on whether the divorce is contested.
If both parties agree, the process typically takes 1.5 to 2 months. If one spouse contests the divorce, the process can take between nine months to a year and a half.