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Family law in Cyprus governs matters such as marriage and divorce, child custody and contact, maintenance, and the division of property between spouses. These cases are heard by the Family Courts, and in many situations — especially when there are international elements — European Union regulations also play a role.
Divorce in Cyprus
A marriage may be dissolved when there is an irretrievable breakdown of the relationship. This can be proven by serious marital misconduct or by a period of separation that the law now recognises as sufficient. Following recent legal changes, the required period of separation has been reduced from four years to two.
In the case of a civil marriage, the divorce petition is filed directly before the Family Court. For an Orthodox religious marriage, the spouse seeking divorce must first notify the competent Bishop electronically. The waiting period before filing with the court is now six weeks (reduced from three months). The Bishop's notice is not required in certain serious or urgent cases.
If the divorce is uncontested, the procedure can be relatively straightforward. When there are disagreements, the case proceeds to a hearing before the Family Court.
When one or both spouses live in another EU country, the Brussels II-ter Regulation determines which court has jurisdiction (generally the country of habitual residence) and ensures that Cyprus divorce judgments are recognised throughout the EU.
Parental Responsibility, Custody and Contact
After separation, both parents normally retain joint parental responsibility, meaning they both have rights and duties relating to the child's welfare, education, and upbringing. The Family Court decides where the child will live and how contact will take place, always applying the best interests of the child as the guiding principle.
In exceptional situations, such as neglect or abuse, the court can limit or remove parental responsibility from one parent.
Child Maintenance
Both parents have a legal duty to contribute to the child's needs in proportion to their income and overall financial capacity. The parent with whom the child does not primarily reside usually pays monthly maintenance to the other parent.
Maintenance normally continues until the child reaches 18, but the court may extend it if the child is still studying or is unable to support themselves. The court can also issue interim maintenance orders while the case is pending.
Spousal Maintenance
A divorced spouse may be entitled to financial support only where they cannot reasonably meet their essential living expenses through their own income or property. The court considers factors such as age and health, duration of the marriage, whether the spouse is caring full-time for a child, and the time reasonably required for training or finding employment (usually up to about three years). Maintenance is not automatic and is assessed according to actual need and ability to pay.
Division of Property Between Spouses
Cyprus does not apply a community-property system. Each spouse keeps property registered in their own name. However, if one spouse has contributed financially or otherwise to property owned by the other, they may claim a share of the increase in its value that resulted from that contribution.
The law provides a rebuttable presumption that such contribution equals one-third of the increase in value, unless evidence supports a higher or lower share. Property acquired before marriage remains personal to the spouse who owned it.
Procedure and Typical Timeline
For Orthodox religious marriages, a Bishop's notice must be submitted, and six weeks must pass before filing the divorce petition (unless exempt). The petition must include the marriage certificate and supporting evidence. If there are children, parallel applications for custody and maintenance are often submitted. The Family Court can grant interim orders for maintenance or contact during the proceedings. The overall duration depends on complexity and whether the case is contested or settled by agreement.
International and Cross-Border Elements
Cyprus Family Courts follow the EU rules under Brussels II-ter, which govern jurisdiction and the recognition of judgments in divorce, parental responsibility, and maintenance cases. For countries outside the EU, Cyprus is also party to the Hague Convention on the Recognition and Enforcement of Maintenance Decisions. When one spouse or child resides abroad, coordination with foreign counsel is often necessary to ensure enforceability of the court's decisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
