How to get a divorce in Cyprus: legal nuances for Russians

Getting a divorce in Cyprus is a process that involves following specific legal procedures and regulations established by national legislation.

Legal basis for divorce in Cyprus

Cyprus law provides for several ways to dissolve a marriage: through the courts, by mutual consent, or on the grounds of “separation.” According to Cypriot family law, divorce is only possible if the spouses have lived in the country for a certain period of time, as evidenced by their residence in Cyprus. As a rule, in order to file for divorce, at least one of the spouses must have been on the island for the last 12 months.

The main act governing divorce is the Divorce Law of 1991, which sets out in detail the rules for dissolving a marriage in Cyprus. According to this law, divorce can be initiated on the following grounds:

1. Separation of spouses: when the spouses have not lived together for at least two years.
2. Failure to fulfill marital obligations: this includes physical abuse, emotional or psychological trauma, infidelity, and other forms of inappropriate behavior.
3. Inability to continue living together: when spouses cannot continue to live together for other reasons that prevent a normal life together.

Divorce procedure in Cyprus

The divorce process begins with filing a petition with the court. It is important to understand that in Cyprus, a divorce can be obtained through either a regular court or a family court, which deals exclusively with matters relating to marriage, child custody, property division, and other family issues. The application is filed by one of the spouses, and the other spouse is given the opportunity to respond to the claim.

If the divorce is by mutual consent, the process can be significantly simplified. The expected time for obtaining a divorce with this approach is two to three months, depending on the court’s workload.

Taxes, property division, and alimony

Property division in Cyprus during divorce also presents a separate challenge. Cypriot law allows each spouse to claim half of the jointly acquired property, including real estate, financial assets, and other valuables. However, the important question here is how the spouses will file their application: if they reach an agreement, the property will be divided by mutual consent.

Alimony in Cyprus is determined based on the needs of the children and the financial capabilities of the parent who is obliged to pay it. When awarding alimony, Cypriot courts take into account the income of both parents, the needs of the children, and the standard of living that they must maintain.

Special considerations for Russians

For Russian citizens filing for divorce in Cyprus, an important aspect is the recognition of the divorce in Russia. According to international law, a divorce filed in one of the EU countries is recognized in Russia. However, this requires the document to be notarized in Russia to certify the legality of the Cypriot court’s decision. This may require additional time and effort.

Thus, getting a divorce in Cyprus is a complex process that requires attention to legal and international aspects. For Russians living in Cyprus, it is important to take into account the peculiarities of local legislation, as well as the potential difficulties associated with the recognition of divorce in Russia and other countries.