Expert Legal Support and Advice on Family Law Matters in Cyprus

As legal professionals we recognise that family matters can be very personal and emotional. 

Our aim is to provide professional advice and support that will help you and your family to navigate these very sensitive matters with confidence.  

We offer a wide range of tailor-made services that will meet your needs, some of which are detailed below:

Civil, Religious Marriages and Civil Unions

A marriage, whether civil or religious, or whether it is a civil union, automatically creates legal obligations and responsibilities.  

Complicated matters arise when a couple decides to separate, especially when there are children involved.

Divorce procedure

A divorce procedure can be one of the most difficult and challenging experiences in life.

In Cyprus, divorce applications are governed by the Family Courts under the jurisdiction of the Family Law of 1990 (23/1990), as amended and the Marriage Law of 2003 (104(I)/2003) as amended.  Here’s an outline of the process:

1. The first step is to establish Jurisdiction.  The applicant must have been residing in Cyprus for at least 3 months before being able to apply for Divorce in Cypriot Courts.  The Relevant Court will be the Family Court of the District he/she resides at.
2. Then, it is important to separate a civil marriage from a religious marriage, as different steps apply in each case.  For religious marriages, you must first notify the church and wait for two months before filing the application.  The two-month notice period is provided as an opportunity by the church to offer an attempt of reconciliation to the couple.  Once the two-month notice period lapses, the applicant has the right to proceed and file the divorce application and the other spouse is formally informed.  For civil marriages, there is no such requirement, and the applicant can apply straight to the Court.
3. The next step is to establish the ground(s) of divorce.  The most common grounds are: Irretrievable breakdown of the marriage, separation for a continuous period of at least two years, moral misconduct and infidelity.  However, there are several other grounds as provided by the law such as: mental illness, bigamy, abuse, violence, change of religion etc.
4. The procedure of the Divorce application can be described as follows: 

(A) The application is prepared and filed.  The Divorce application must state the ground for divorce, described the details and facts of the case and include any supporting documents/evidence. 

(B) The application is served to the Respondent who has 21 days to file an appearance and a Defence to the application.  If the Respondent does not respond, the applicant can proceed to issue the Divorce in the absence of the Respondent by proving his/her case. 

(C) If the Respondent wishes to contest the Divorce application and files a Defence, the application will be set for Hearing by the Court, whereby the Court will hear both sides to decide.  

(D) The Divorce Order becomes final 42 days after it has been issued, if not appealed by the other side. 

We are committed to guide you through the process, while ensuring that your rights are protected at every step and striving to make the process as smooth as possible.

Matrimonial Assets/Property Division

Matrimonial Assets and Property division is often a very important concern during a divorce. 

Our firm specializes in helping clients achieve equitable settlements. 

We work to ensure that all assets, including real estate, savings, and investments, are fairly divided, considering both financial and non-financial contributions made during the marriage and also taking into account any debts/loans that may be burdening your assets.

The key principles which govern this area can be described as follows:

1. In general, Cypriot Courts follows the principle of separate property ownership.  Thus, each spouse retains ownership of the property registered in their name before and during the marriage.  However, the Court can intervene to adjust this if one spouse contributed significantly to the other spouse’s property during the marriage.
2. Property acquired jointly during the marriage is presumed to be jointly owned and divided equally unless proven otherwise.
3. The Contribution adjustment: There is a presumed contribution of the 1/3 share of the estate, which can be rebutted if proved otherwise.  The contribution can be financial or non-financial.  An example of non-financial contributions could be a wife who is not working but is taking care of the house and the family.
4. There is a limitation period of 3 years from the date the Divorce has been issued to commence a matrimonial assets division procedure in Family Courts. 

With our expertise, you can trust that your interests will be fully represented.

Child Custody (Parental Responsibility) and Maintenance

When children are involved, their well-being becomes the primary priority, which is also the main focus of the Family Court.  Child Custody also referred as Parental Responsibility includes the upbringing and general welfare of a child, decisions as the education, health and travelling and visitation rights.

There are several common concepts of Child Custody in Cyprus, such as:

1. Joint Custody: Both parents can have the joint custody of their children even when separated or divorced.  Special adjustments can be made such as, with whom the children will reside and visitation rights being established.
2. Shared Custody: This is similar to Joint Custody; however, special provisions are made so as the children spent equal time with each parent.
3. Sole Custody: If one parent is deemed “incapable” for any reason, the Court may award sole custody to one parent only.  A sole custody Order could even be awarded in cases whereby both parents are deemed capable, however, the circumstances provide that one parent will be the decision-maker and also with whom the child will reside, but the other parent will have visitation rights, including overnight stays etc.

If parents cannot agree on custody, the matter is decided by the Family Court.  The court considers the child’s best interests, factoring in their emotional, educational, and psychological needs. The child’s opinion may also be taken into account, depending on their age and maturity.  In cases of disagreements, the Social Welfare offices are normally involved as well.  

In many cases, mutual agreements are reached between the parties and a Court Order can be issued according to their wishes.

The parent seeking custody must file an application with the Family Court.  The application should outline the reasons for requesting custody and how the proposed arrangement aligns with the child’s best interests.

We provide skilled legal representation to help you secure favourable agreements/judgements for child custody, communication rights, and child support (maintenance payments), by virtue of securing relevant Court Orders. 

Our lawyers are committed to pursuing solutions that will seek your children’s best interests and safeguard your parental rights.

Adoption Services

Adopting a child is a significant decision, and we are here to make the legal process as effortless as possible for you.

The application’s key aspects:

1. The applicant(s) of a divorce procedure must be able to demonstrate their financial and emotional stability.
2. An application is submitted to the Family Court of the District whereby the child resides.  The Court can require several documents to be provided, such as, identification documents, financial records documents, health certificates, clean criminal records certificates etc.
3. The consent of the biological parent(s) or of the legal guardian(s) is required as well, unless, in special circumstances, whereby the Court can waive this right due to special circumstances such as: child neglect, abandonment etc.
4. An officer from the Social Welfare Offices is assigned to examine the applicant’s suitability by arranging several home visits and interviews with the prospective adoptive parents.  Depending on the age of the child, the Social Welfare Officer may arrange interviews with the child as well.  Then, a report is prepared which is submitted to the Court with a relevant recommendation.
5. The Family Court will then examine the evidence provided, the report of the social worker and evaluate the child’s best interests.  Similarly, the Court, depending on the age of the child, may take into account the wishes of the child.
6. If the court is satisfied, it issues an adoption order, granting to the applicant(s) full parental rights.

The process typically takes several months to a year, depending on the complexity of the case, the Court’s workload and the Social Welfare Office’s workload.

Our team will guide you through every step, from meeting the eligibility criteria to obtaining the necessary court approvals.   

Let Us Help You

Appointing an expert legal professional, when dealing with such sensitive matters, is crucial.  

We can provide personalized attention, clear communication, guidance through every step of the process and our aim is to achieve the best possible outcome for you and your family.  

Please do not hesitate to contact our law firm for a more personalized service.