Family Law
The Family Court under the Family Courts Act 1990 (23/1990) is the competent court to resolve family law disputes, such as:
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Dissolution of a religious marriage of any religion
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Dissolution of a civil marriage
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Settlement of parental responsibility, maintenance, child recognition, adoption, and any other dispute (if one of the spouses has resided in the Republic for any continuous period of more than three months)
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Settlement of matrimonial property
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Matters relating to family relations in legal proceedings brought under EU law or under the provisions of bilateral or multilateral conventions to which the Republic of Cyprus is a party (e.g. child abduction)
Our firm has vast experience in family law matters and has represented hundreds of people in order to settle to the maximum extent possible the communication and custody of their children as well as their property disputes.
1
Divorce
On application to the family court the spouses may dissolve their marriage on one of the grounds for divorce in the Marriage Act 2003 (104(I)/2003). Following the latest amendment to the Act, it is now possible to dissolve a marriage by consent.
2
Family Home
During the period when the spouses are separated, the family court may, at the request of one of the spouses, on grounds of equity or any special circumstances of each of the spouses and the interests of the children, grant to one of the spouses the exclusive use of all or part of the property serving as their main residence (family home), irrespective of which of them is the owner or has the right to use it vis-à-vis the owner.
3
Matrinominal Property
The (232/1991) recognises the property autonomy of each spouse which is not altered by reason of marriage, except in one case.
In the case of dissolution, annulment, or termination of the marital relationship, if it is established that the property of one of the spouses has increased since the date of the marriage, then the other spouse will be entitled to this increase only if it is shown that he or she contributed in any way to this increase. The court will award in his or her favour that part of the increase which comes from his or her own contribution.
The spouse who claims for his /her own benefit, part of the increase has the burden of proving to the court that:
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The other spouse's property did in fact increase from the date of the marriage until the termination of the marital relationship, dissolution of the marriage, or annulment, and
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That he or she has contributed in any way to that increase
Provided that the above is proved, the law imposes a rebuttable presumption that the contribution amounts to 1/3 of the increase in property unless a greater or lesser contribution is shown to the court.
The increase in the property does not include what was acquired by virtue of a gift, inheritance, disposition of property or other gratuitous cause.
4
Maitenance
The law recognize 3 types of Maintenance:
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Maintenance between spouses
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Maintenance between spouses and children
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Maintenance between spouses and their parents
Importantly, all of the above maintenances are an obligation and not a right
5
Movable Property
Movable property in the name of one of the spouses belongs to him or her even if it was used only by the other spouse or by both of them together. However, the spouse to whom the movable property belongs shall be obliged to surrender the use of household effects which are absolutely necessary for the separation of the other spouse, on the order of the court on grounds of equity.
The court also has the power to allocate the use of the chattels owned by both of them according to the personal needs of each. The court may also award reasonable compensation to the spouse for the use of the movable property owned by him or her and allocated to the other spouse.
