Understanding Family Law: Navigating Relationships, Rights, and Responsibilities

Family law governs relationships among family members, particularly between spouses, parents and children, and other familial connections. With societal evolution, family law now commonly applies to unmarried partners who cohabit. The significance of family law in society is evident from the issues it addresses, including marriage, divorce, child custody, inheritance, and adoption. We provide compassionate and professional legal services in family law, guiding clients through some of life’s most challenging moments. Our expertise includes divorce proceedings, child custody and support, property division, prenuptial and post-nuptial agreements, and adoption processes. With a deep understanding of Cypriot family law and a commitment to protecting our clients ' rights and interests, we offer personalised solutions that prioritise the well-being of families while ensuring fair and equitable outcomes.

Jurisdiction in Cyprus

Family courts interpret family law and have jurisdiction over all related matters. According to Article 2.3 of the Constitution, the Family Court for Religious Groups is vested with the same jurisdiction and powers if the parties belong to a religious group other than the Greek Orthodox Church. For some instances involving Turkish Cypriots, the President of the District Court holds equivalent powers and jurisdiction to resolve family law matters.

Additionally, family courts in Cyprus can enforce foreign court decisions, provided mutual treaties exist between the respective governments. Family matters involving property are handled directly under the family court's jurisdiction. In cases where no property is involved, the court can exercise jurisdiction only if at least one party to the dispute has resided continuously within the country's territory for a minimum period of three months.

Marriage & Divorce

In Cyprus, marriages can either be religious, officiated by a priest of the respective faith, or civil, conducted by appointed administrative officials. Civil marriages generally involve fewer procedures for divorce. In the case of a civil marriage, the individual seeking a divorce can directly approach the family court. However, for religious marriages, the process requires notifying the Bishop or priest of the religious group first. The court application for divorce can only be made after a three-month period following this notification. This provision is designed to respect the rights of religious groups and allow sufficient time for potential reconciliation.

Grounds for divorce in Cyprus include the irreparable breakdown of a marriage, which is often defined as continuous estrangement for more than four years. In the case of religious marriages, additional specific grounds apply, such as infidelity, misconduct, and false accusations of adultery or abandonment. For civil marriages, the irretrievable breakdown of the marriage is a broad ground that can encompass various reasons, including bigamy, infidelity, or threats to life. Cyprus also provides a straightforward option for divorce by mutual consent.

Alimony & Property Disputes

Both spouses are entitled to alimony from the other, based on which spouse is the dependent and has fewer financial resources to meet their needs, taking into account their standard of living prior to the divorce. A spouse can also apply for maintenance even during the divorce proceedings if they do not have the resources to maintain themselves.

Properties acquired after a divorce belong to their rightful owners unless jointly acquired during the marriage. A spouse who contributed to the enhancement of the other spouse's property, increasing in its value, may also claim a share of that property, provided the increase in value can be directly linked to their contribution.

The family court has the authority to issue an order for exclusive use of the residential home, either partially or entirely, in favour of one spouse, regardless of property ownership, as long as the proceedings are ongoing. This order is made when the well-being of the family or a spouse is at risk, such as in cases involving threats of violence or similar concerns.

Parental Responsibilities & Custody

In a dispute between parents, the court has the authority to issue appropriate orders prioritising the welfare of the children, whether born within the marriage or adopted. In divorce proceedings, the court serves as the ultimate authority in determining child custody, the right to represent the child, and visitation rights for the non-custodial parent. Such decisions are made following a comprehensive investigation by the social welfare department, with significant consideration given to the child's wishes. Additionally, the court holds the power to enforce legal obligations requiring both parents to provide financial support for their minor children.

Adoption

Family courts in Cyprus are responsible for overseeing adoptions within the country. Once an adoption is finalised, the child is legally regarded as the natural child of the adoptive parent, and all rights and responsibilities of the biological parent are terminated. Adoptions are primarily granted to couples or the spouse of a natural parent, whether or not the natural parent is part of the application. However, in exceptional circumstances, single applicants may also be eligible for adoption if they meet the necessary criteria.

Division of Assets

We offer expert advice and representation on applications for equitable division of assets in divorce and separation proceedings. We consider all applicable legal factors, including applications for temporary use of the family home during such proceedings. Our goal is to achieve a fair and reasonable distribution that meets our clients' needs.

Child Custody, Parental Care and Communication

We assist clients with the application or defence of child custody, parental care, and communication matters. Our team of experienced lawyers is dedicated to protecting the best interests of both our clients and their children in these disputes, ensuring custody arrangements that prioritise the child’s welfare and well-being.

Cross-border Divorces

Our attorneys are skilled in managing cross-border divorce cases, navigating the complexities of differing jurisdictions and international family law. We prioritise protecting your rights and ensuring that any resulting judgments or agreements are enforceable across the relevant countries.