The Family Court.

The Family Court is the appropriate forum to adjudicate family law issues like divorce, separation from bed and board, the cohabitation of spouses, or matrimonial relations.

More specifically the Family Court has jurisdiction on the following:

The dissolution of any religious marriage ,Greek Orthodox or any other faith (provided that such dissolution does not come within the jurisdiction of the Family Courts of the religious groups)

The dissolution of any civil marriage;

Family matters in court proceedings instituted under the provisions of bilateral or multilateral treaties to which Cyprus is a signatory; and

Matters of parental support, maintenance, acknowledgement of paternity, adoption, property relations between spouses, and any other conjugal or family dispute, provided the parties or one of the parties are resident in the Republic.

In cases of divorce the Family Court is composed  of three judges, one of whom is a church legal officer appointed by the Greek Orthodox Church and who acts as President. The other two are chosen from lawyers of high professional and moral standing, belonging to the Greek orthodox Church, and being appointed by the Supreme Court. The truth is however, that the Orthodox Church of Cyprus refused to appoint or propose a clergyman of legal back round as President of the Family Court with the result that the President is appointed by the Supreme Court of Cyprus.

Marriage.

A marriage has to be valid in order to have any legal effect.

For a valid religious marriage the requirements are set out in section 220 of the Charter of the Holy Church of Cyprus.

The requirement for a valid civil marriage are:

1. Agreement between the spouses.
2. Attainment of the age of 18 or 16 if the consent of the guardian is given.
3. Contractual capacity
4. The person must be already married.
5. The persons must not be related to each other in the direct line and up to the fifth degree in collateral lines;
6. They must not be relatives by marriage in the direct line up to the third degree in collateral lines;
7. Marriage between an adopting person or his descendants and the adopted person or his descendants is not allowed;
8. Marriage between a godfather or his parents or children and the children of the godchild is not allowed; and
9. Marriage between a child born out of wedlock and the father acknowledging him or their blood relatives is prohibited.

Religious Marriage.

A religious marriage as its name implies is a marriage that solemnized according to the religious rules of the Greek Orthodox Church  or by any officer of another religious denomination or rite known in Cyprus. It should be noted that mixed marriages between Muslims and Christians are prohibited.

Civil Marriage.

It was not until 1990 that Cyprus recognized the idea of a civil marriage by Law 21 of 1990. The new Law brought Cyprus law in line with International Conventions but also with its own Constitution that provides for freedom of choice of marriage. A civil marriage , like in most countries, takes place before a mayor or other municipal officer.

Separation.

Irrespective of whether a Divorce petition is filed the spouses have rights and obligations in relation to certain matters during separation.
The Matrimonial Home.

Equity taking into account the special circumstances of each spouse and the  welfare of the children are the main considerations for the Court when deciding who of the two spouses will be using the matrimonial home during separation and before divorce.

The assumption of jurisdiction by the Court arises in certain circumstances, one of which is the interruption of marital life, irrespective of the rights of ownership or any choice of action by the owner of the matrimonial home and one or both spouses and irrespective of the fault of the spouse.

The term special circumstances noted above means that the Court will take into account :

1. the financial situation of each spouse;
2. professional aspects ;
3. physical health;
4. mental health;
5. The reasonableness or not of the interruption of the marital life;
6. the existence of fault by one of the spouses.

Movables.

Ownership is the main criterion for the distribution of movables during separation despite the fact that something may have been used by both. However if the circumstances of the case show that the use of them by the other spouse is absolutely necessary for reasons of equity then the Court has the power to order a particular movable to remain with the spouse that does not own it. Fault does not play a part in the distribution of movables or the settlement of the matrimonial home.

Maintenance.

The idea here is that there is an obligation to support the financial weaker party.

The spouse entitled to maintenance is not required to be destitute. The beneficiary spouse, after the set-off has been made, is entitled to enjoy from the other’s property what he enjoyed during the cohabitation. This obligation exists whether the beneficiary provoked the interruption for good cause or without reasonable cause.35

Property Rights.

Contribution of each spouse  is the key consideration for the division of property in cases of dissolution of the marriage. The main  principle is that each spouse may claim his/her contribution to the increase of the property of the other spouse. There is a presumption in the Law that the contribution of each spouse in the increase of the property of the other is equal to 1/3 of the increase unless otherwise proven.

Property is divided according to the contribution of each spouse and the relevant time is that of the dissolution of the marriage. The behavior of the spouse is taken into account by the Court

Divorce.
Divorce is one of the most popular areas of Family Law. Statistis in Cyprus show that 1 in every 3 marriages ends in divorce.

The Grounds for Divorce.

The Grounds for Divorce are:

1. Irretrievable breakdown of the bond of matrimony for reasons attributable to the respondent or both the spouses so that the continuation of marriage is intolerable for the petitioner. Separation for five consecutive years constitutes Irretrievable breakdown of the bond of matrimony.
2. The grounds for divorce referred to in the Charter of the Church of Cyprus provided that they do not contravene the Constitution. Such grounds are  desertion for two years without any reason or the persistent refusal to have a child or immoral, disgraceful, or any other repeated inexcusable behavior.
3. Any other reason as defined by a Law after the opinion of the Greek Orthodox Church is heard.

Divorce Procedure in Cyprus.

For Greek Orthodox marriages the first step is to try to reach a comprise before the Bishop. This is done before the Divorce Petition is filed.

The practice is to send a letter to the Bishop stating the reasons for divorce. This a procedural step that has to be taken.

After three months the Divorce petition is filed. I order to prepare the petition we need a number of details like a Certificate of Marriage, exact day of the wedding, reasons for the divorce etc.

Once the petition is ready it will be filed with the Court and served to the other side. If the respondent consents to the divorce then the practice is to avoid appointing a lawyer so that the Petitioner can proceed in default.

If the Divorce petition is uncontested the divorce may be issued within two months. However if the respondent appoints a lawyer and disputes the petition then the case will take much longer.

During the hearings the litigants testify before the full bench of the Family Court. If the petition is uncontested, which means only the petitioner will testify, the procedure is very simple and does not take more than 15 minutes. The petitioner just confirms the reasons for the divorce as mentioned in the Petition.

The Court then issues a Divorce Order and the marriage is dissolved.