Cyprus Family Law
Cyprus family law is based on Greek family law. Cyprus family courts, however, have over the years created their own jurisprudence and one can say that we now have an autonomous system of Cyprus family law.
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, issues relating to the children or matrimonial relations.
This is usually the hottest issue and lawyers get questions about divorce matters all them time. In any case, irrespective of whether a divorce petition is filed, a family law lawyer will tell you that 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.
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.
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.
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.