Which legislation governs divorce in Cyprus?
The primary legislation that governs divorce in Cyprus is The Marriage Law of 2003. The Marriage Law was regulated in Cyprus in 2003, dealing with marriages that took place after 2003. All weddings celebrated before 2003 are governed by The Family Courts Law.
What are the grounds for divorce in Cyprus?
According to The Marriage Law, there are only two grounds for divorce recognised by the law. These grounds are:
- Irretrievable breakdown of the marriage (including Bigamy, Adultery, Desertion, Abusive, Change of Sex, Imprisonment, One of the spouses declared dead or missing, Refusal of the spouse to have children or Inability to execute the marital duties etc). Irretrievable breakdown of marriage refers to a situation where the marriage despite all efforts cannot be restored to a normal marriage relationship.
- A continuous separation for a period of four (4) years.
Which matters/issues are decided during divorce proceedings?
In Cyprus during the divorce procedures, the Court is dealing only with the divorce. The Court will not make a decision for any other issues. Each procedure (child maintenance, child custody, matrimonial property) are different matters and separate procedures must be followed for each one of them. As a result, the outcome of a divorce in Cyprus will not have an impact on the other pending matters between the spouses.
I have decided to divorce, what is the first step?
The first step is to approach your attorney to initiate the proceedings. If your marriage is a civil marriage then the procedure may immediately begin by filing the application of the divorce. If your marriage was celebrated according to the Orthodox Church then it is required for the applicant to first send a letter to the Archbishop stating his/her intention for the divorce. It is obligatory that the applicant must wait 3 months from the date of the letter and then to file for a divorce.
What is my divorce going to cost me?
One of the first questions we are asked by clients is: “What is my divorce going to cost me?”
Many factors influence the total cost of your divorce. Those factors include:
-Attorney and Court fees
-Each spouse’s willingness to compromise
-whether the case is heading to trial- contested or uncontested divorce
If you want to apply for a divorce or if you are the Respondent then it is best to seek for legal representation. As part of efforts to keep the costs down, at Alecos Orountiotis & Associates LLC we explore the option of facilitating and reaching a settlement with the opposing side. The cost of the divorce will substantially decrease if spouses can settle out of court and avoid litigation for a contested divorce.
How Long Will an Uncontested Divorce Take in Cyprus?
Even though every case is different, still uncontested divorses usually take between 1-2 months. Once the divorce petition is filed at court and served to the other side, the divorce may be issued in two months. Otherwise, the case can take much longer-from 2 months until 3-4 years. Having a lawyer on your side to advocate for your interests can help you achieve the best outcome for you.
How Long Will a Contested Divorce Take in Cyprus?
Should the spouses be unable to reach an agreement, the divorce will proceed on a contensted basis. Even though every case is different, usually contested divorces usually take between 3-4 years to finalise. Contested divorces can drag on for years, causing emotional draining and financial loss to all involved.
Consult with a skilled Cyprus divorce attorney to estimate the cost of your divorce and determine how long it will take to finalize the divorce. Contact our lawyers at Alecos Orountiotis & Associates LLC for a case evaluation.
Disclaimer: This document provides information and guidance only and it is not a legal advice. we do not accept any liability that may arise out of the use or misuse of this information