It is essential to comprehend Cyprus's divorce laws, especially in light of recent changes. One of the spouses must have lived in the Republic of Cyprus continuously for three months in order for any kind of divorce to be filed in the Cyprus Family Courts. It's relevant to note that, as long as they fulfil this residency requirement, couples who were married overseas are not prohibited from pursuing a divorce in Cyprus. This foundation of understanding is crucial as we explore the new landscape of consensual divorce in the country.

In December 2022, Cyprus introduced a groundbreaking change to its family law system: consensual divorce. This modernization of the legal system, approved by the Cyprus Parliament, allows both spouses to jointly file for divorce. The new provision eliminates the need for one party to file against the other, a process that often exacerbates conflict and hinders post-divorce relationships, especially in cases involving children. This innovation was necessary to modernize the law, allowing citizens to separate amicably without the need for extensive legal representation and high costs.

One of the most noticeable changes brought about by the new legislation is the shorter time needed to file for a mutually agreeable divorce. The process can now be started by spouses after only six months of marriage, which is much shorter than what was previously required. This change acknowledges the reality that some marriages may end irreversibly early, and it provides a legal avenue for a quick and mutually agreed-upon dissolution.

Special requirements apply for consensual divorces, particularly when children are involved. If there are minor children, the couple must have established or be in the process of mutually agreeing upon arrangements regarding parental responsibility and contact after being married for at least six months. This refers to the "Parental Responsibility Order" and the "Contact Order" respectively. This requirement emphasises the child-centric approach of the law, encouraging parents to prioritise the needs of their children and come to agreements on important issues prior to the divorce being finalised.

The consensual divorce option not only enhances the child-centric nature of the law but also accelerates proceedings, saving court time and resources. Even though the new procedure is designed to be as efficient as possible, it still places a strong emphasis on due diligence, especially when it comes to children's welfare and equitable financial resolution. It's crucial to remember that, despite the availability of this new option, Cyprus's current grounds for divorce still stand, giving couples flexibility in handling a range of marriage circumstances.

For legal practitioners, this change has expanded the focus to a broader range of divorce proceedings. Consensual divorce offers new opportunities for couples seeking amicable separation, challenging lawyers to enhance their conflict resolution and negotiation skills. Ethical lawyers should explore all available options before initiating courtroom disagreements, as this approach aligns with the new legislation, potentially saves couples money, and reduces emotional stress.

By guiding clients through cooperative processes, legal professionals can facilitate discussions that lead to mutually beneficial agreements. This shift fosters an environment where couples can work together to find solutions. Ultimately, the focus should be on helping clients navigate complex emotional and practical issues constructively, always considering the best interest of any children involved.
The introduction of consensual divorce in Cyprus marks a significant step forward in family law, offering a more amicable and efficient approach to ending a marriage. It potentially reduces the emotional and financial burden often associated with traditional divorce proceedings, while still maintaining necessary safeguards for all parties involved, especially children.

 

Article provided by

Panayotis Yannakas,
Lawyer