Divorce in Cyprus – Frequently Asked Questions
When can the concerned party file for a divorce?
In the case of civil weddings: the concerned party can file a divorce petition at any time before the Family Court in the district where he/she lives.
In the case of religious weddings: the concerned party must send a Notice of Marriage Dissolution to the competent Bishop three months prior to the filing of the divorce application at the competent Family Court. The application must be accompanied by proof of posting the aforementioned notification to the Bishop.
What conditions must be fulfilled in order to file for a divorce?
At least one of the parties must live in Cyprus for at least three months prior to the filing of the divorce application. Otherwise, the Family Courts in Cyprus do not have jurisdiction to handle the dissolution or annulment of a marriage.
What are the grounds for divorce?
According to the Cyprus Legislation, in order to proceed with a divorce claim “the existence of an irretrievable breakdown of the marriage” must be proven. The applicant can refer to one or more of the following grounds in support of his divorce application:
- Serious breakdown of the relationship
- Inexcusable absence from the family for over two (2) years
- Separation for over five (5) years
- Immoral behavior
- Violence and physical abuse
- Imprisonment of the spouse for over sever (7) years
- Spouse declared dead or missing
- Inability to have sexual intercourse which existed at the time of the marriage and continuous for six (6) months and during the application for Divorce
- Refusal of one spouse to have children
- Change of religion
What are the legal consequences of a divorce?
Divorce entails the dissolution of marriage.
There are no consequences regarding:
- Change of name of a spouse;
- Property disputes (a separate application must be filed);
- Maintenance arrangements (a separate application must be filed).
Is it possible to appeal against a decision relating to divorce/marriage annulment in Cyprus?
Yes, such appeals against a decision relating to divorce or marriage annulment can be filed at the Family Court of Second Instance (Supreme Court).