Family and Matrimonial law
Family law (matrimonial law or the domestic relations law) is a part of the law that deals with family matters and domestic relations. Some of its aspects are considered to be a branch of private civil law but it also involves some aspects of public law e.g. the welfare of children. Family law in Cyprus has been modelled in the lines of Greek family law and is regulated by a number of statutes which are complemented by case law. Furthermore, Cyprus has ratified a number of International Conventions, e.g. the UN Convention on the Civil Aspects of International Child Abduction of 1980 “the Hague convention” and the UN Convention on the Recovery Abroad of Maintenance of 1956.
Family law in Cyprus
Family Courts in Cyprus have jurisdiction to try most cases related to matrimonial and family matters in residents of Cyprus belonging to the Greek community including EU residents and legal aliens. Other “Family Courts of the Religious Groups” have jurisdiction to try cases of specific Cypriot resident religious groups i.e. for religious minorities residing in Cyprus such as Maronites, Armenian and Catholics (Latins). In the case of Turkish Cypriots family matters are resolved by the President of the District Court. Since the larger portion of the population is Greek or from the EU or legal aliens, Family Courts in Cyprus shall deal with most cases such as:
- Divorce and annulments which includes:
- The dissolution of any religious marriage conducted in Cyprus or abroad under the rules of the Greek Orthodox Church.
- The dissolution of any religious marriage conducted in Cyprus or abroad under the rules of any faith other than marriages that are resolved by the Family Courts of the Religious Groups as explained above.
- The dissolution of any civil marriage conducted in Cyprus or abroad.
In divorce proceedings regarding religious marriages there are special procedural rules requiring notification of the local Bishop and reconciliation attempts whereas for civil marriages no such conditions apply.
Many grounds for divorce may be invoked, including traditional church-recognised reasons for religious marriages e.g.
- Abandonment.
- Refusal to have sexual relations or impotency lasting for more than six months.
- Persisting refusal to have children.
- Final court decision for imprisonment for more than 7 years.
- Persistent unforgivable, unethical or degrading behaviour e.g. verbal abuse.
- Schemes to kill the spouse or persistent physical abuse
- Adultery and Infidelity.
- Insanity for more than three years.
- Missing or having unknown whereabouts (Disapearance)
- Change of religion or dogma.
- Five years estrangement.
- There are also modern grounds for divorce for civil marriages e.g.
- When the marriage is reasonably intolerable for reasons attributed to the respondent or to both spouses. Most church-recognised grounds for divorce shall also constitute grounds falling within the ambit of this ground, but also other reasons e.g. incompatibility of character, temperament, approach to life, family life, way of life etc.
- Long term estrangement (4 years or more), and
- Change of sex of one of the spouses (not applicable for civil unions).
- Exclusive use of the matrimonial home pending a divorce.
- Matrimonial property disputes including movable (real estate) and immovable property (shares, bonds, monies, furniture, cars, boats etc.) usually divided according to the contribution of each spouse in the acquisition and payment of this property and if a spouse has contributed towards the increase in the property of the other spouse then he/she is entitled to that part of the increase arising from his/her contribution.
- Custody, parental care and visitation rights of minor children. In most cases custody is given jointly to both parents, but parental care is usually given to one parent and visitation and communication rights to the other. This is decided by the court, having in mind the welfare and best interest of the children which normally is to be in long-term regular contact with both parents and with other siblings and grandparents, by taking into consideration, amongst others:
- The capacity of each spouse to watch over and look after the children.
- The child's relationship with each parent and his/her brothers and sisters.
- The existence of any agreement between the parents in relation to the custody of the children.
- Other relevant factors.
- Child protection proceedings that may result from state intervention in cases of child abuse and child neglect, including removal or children and supervised visitations.
- Maintenance matters (child support or spouse alimony), including support for maintenance and contributions to education fees to adult children considered dependent e.g. in compulsory conscription or at university. The usual measure used to execute and enforce such order when there is no excuse for non-payment is that of imprisonment, because child support is a legal obligation rather than a civil debt.
- Establishment and disestablishment of Paternity (paternity recognition or dispute) matters.
- Adoption applications.
- Surrogacy.
- Family matters in judicial proceedings initiated according to treaties to which Cyprus is signatory, and
- Other family or matrimonial matters e.g. civil unions, property of minors, etc. including injunctive relief for urgent matters, e.g. exclusive use of matrimonial home in cases of abuse of the spouse or children, urgent child support etc.
Jurisdiction and Enforcement
In order for Family Courts to assume jurisdiction one or both parties must be resident in Cyprus. The same applies for the special Family Courts of the Religious Groups or for cases resolved by the President of the District Court. If the dispute involves matrimonial property matters there is no need for any of the parties to be residents in Cyprus as long as part of the property is situated in Cyprus.
A family court decision issued in a foreign country may be recognised or enforced in Cyprus, if Cyprus has a bilateral or multilateral agreement (e.g. EU or UN agreements) with that country for mutual recognition and enforcement of judicial decisions.
The Cypriot courts do not recognise prenuptial agreements, but agreements signed between estranged spouses for reaching a smooth dissolution of marriage and settlement of matrimonial matters including family assets may be used in Court as evidence in favour of the person relying on it.
Our services
Our services include all family law matters, claims and disputes such as:
- Legal Opinions.
- Separation agreements.
- Settlements.
- Divorce.
- Custody disputes.
- Maintenance disputes.
- Matrimonial property disputes.
- Paternity Disputes.
- Adoption and surrogacy.
- All other family law matters.
- Appeals etc.