Our goal is to understand the client’s particular situation, including the marital history, children, assets and the areas of contention and to give him/her the best possible advice for the problem he/she faces.
Our law practice has been devoted to handling among others the following:
Nowadays, divorce is one of the most common areas of Family Law. Generally, the applicant must establish that the marriage has been irretrievably broken down. Also, the applicant may invoke, among others, the following: that the respondent has committed bigamy or adultery, that the respondent has abandoned the applicant or has exercised violence against the applicant and in general that the respondent has behaved in such a way that the applicant cannot reasonably be expected to continue living with the respondent. In cases where the parties have lived apart for a continuous period of four years and more, it is perceived that the marriage has been irretrievably broken down.
In the event of death of one of the two spouses, the dissolution of the marriage is ipso jure.
2) Use of the Matrimonial House
During the period of separation, the court may issue an order in favor of one spouse, for the exclusive use of the whole or part of the dwelling that is used as the family home, independently of who is the registered owner, if the Court decides that there is ground for it based on the specific circumstances of each of the spouses and the interests of the family.
3) Parental Responsibility
Parental Responsibility is the legal term that describes the parental relationship between a parent and a child, such as the right of the parent to make important decisions for the child, i.e. name of the child, travel documents, schools, e.t.c.
In most cases in Cyprus, the parents share parental responsibility of their child, meaning they decide together, for the wellbeing and the interests of the child. Moreover, the child usually resides with one parent and the other one has communication with it.
4) Child Custody & Parental Care
In cases of separation and/or divorce, the child resides with one parent, the person who is most suitable for it, has the duty to care for its everyday life.
The parent, who does not have the child custody/parental care of the child, has the right of communicating with it.
The Court will specify which days of the week and hours of the day, the child will have communication with the parent that the child does not reside with. The Court will also determine the period and the exact dates of vacation and holiday time, the child will spend with each particular parent.
In court proceedings where the custody, care and welfare of the child are in stake, a Social Worker is appointed in order to visit the family, in order to assist the Court in determining the best interest of the child.
6) Stop – list
In cases when one parent is not a Cypriot citizen, it is common for the other parent to apply for a Court order, to prevent the other parent from taking the child abroad and placing the child’s name on the list (stop-list) of the persons who are not permitent to leave the country.
7) Maintenance Orders
- a) Child Support (minor)
The duty to maintain the child is determined according to the economic and financial means of both parents and the living expenses of the child. It is subject to the genuine disclosure of the parents’ responding income. Interim orders, for the maintenance of the child are readily issued by the courts, pending final adjudication. In such cases, the applicant is usually the parent who exercises the parental custody and/or acting on the child’s behalf.
- b) Child Support (adult)
In cases where the child is an adult but cannot maintain itself because it’s a student or it’s servicing the military, the Courts can still issue a maintenance order against the parent who is under the obligation to maintain the child. In such cases, the applicant is the child itself.
- c) Spouse Support
In cases of separation and/or divorce, if one spouse cannot support himself/herself, the Court can order the other spouse to support him/her. The maintenance obligation ceases or the amount of support increases or decreases according to the circumstances.
8) Division of Marital Property
A spouse, who has in any way contributed towards the increase of the movable or immovable assets of the other spouse during the marriage or even before, is entitled to claim that part of the increase which represents his or her contribution.
- According to Cyprus law, there is a rebuttable presumption that the 1/3 of the increase of the assets of one spouse was contributed by the other spouse.
- The claim on the other spouse’s assets is time barred 3 years after the dissolution of the marriage.
- Assets located abroad are included.
- Anything that was acquired by way of gift is not taken into account.
Adoption is the legal action which creates parental relation between the adopted child and the adopting parents. Our law office can guide you through the adoption process: the granting of an adoption order by the Court, the documentation and filing with the corresponding authorities, the process of obtaining certain certificates of the child.
The adoption process might take around 12 months to be completed. The outcome of the adoption is significant as the bonds of the adopted child with its natural family and/or guardian are abolished and the child acquires all the legal rights and status of its adopting family.
We maintain an excellent reputation for cost-effective, high-quality work and most importantly in cases of family law, confidentiality.