Several Cypriot laws have been enacted to regulate the complicated and very delicate matters of family law. Αll matters relating to family relations are resolved by Family Courts, which have such jurisdiction, pursuant to section 111 (as amended by the Law N.95/89) of the Constitution of the Republic of Cyprus.
Family Courts in Cyprus, due to the large number of cases handled over the years, have created their own case law, which has created the legal principles in force in Cyprus family matters and it can be argued that an autonomous Cypriot family law system had been consequently created. Courts are handling with various cases involving divorce, interruption of cohabitation and use of family housing, relationships between parents and children, and relationships between spouses.
Nowadays divorce cases have become more common. Regardless of whether or not a divorce has already been filed, our team provides legal advices regarding the rights and obligations of the spouses during the time between the termination of the marriage and the dissolution of the divorce, that is, the divorce period.
Another common issue that arises is the use of marital home. The Family Courts, when called upon to decide which of the two spouses should use the marital home during the interim period, having regard to the principles of leniency, take into account two factors, the particular circumstances of each spouse and their interest of children.
During the dissolution of the marriage, property issues arise which are regulated by The Spousal Property Regulation Law of 1991 (232/1991), which in sections 3-12 regulate spousal support and sections 13-17 regulate spouses’ property disputes based on the spouses’ participation in the acquired property.
The main purpose of the spousal support obligation between the spouses’ is to support the financially weaker spouse. With regards to property disputes, the decisive factor in the distribution of property in the event of a marriage dissolution is the contribution of each spouse. The basic principle is that each spouse can claim his or her contribution to the other spouse's wealth. The law introduces a presumption that each spouse's contribution to the other's increase in property is equal to 1/3 of the increase, unless otherwise proven.
We offer a specialist and an expert service to clients who are going through divorce and separation issues, marriage and relationship breakdowns and we can deal with all aspects of family law. Our aim is to minimise conflict whenever this is possible and when it is deemed necessary, to take a strong and effective legal action. We are experienced in dealing with family problems and are always sensitive when children are involved.