Cyprus Law Articles

Cyprus Family Law


Family Law consists of legal principles that define relationships, right and duties within family units such as those created by marriage. Marriage is a legal entity that comprises by certain rights and obligations usually regardless of what both spouses agree to do. The legal aid of a family lawyer is exciting and varied. Family law affords great scope for helping people in a very vital change in their lives. Divorce is not the only area covered in family law; visitation rights, adoption, child custody, spouse abuse etc.

Divorce: Dissolution of marriage. A court order that terminates the marriage. The basic procedure begins when one spouse files the divorce petition by filling the necessary form to the court. This basic procedure includes:

Completing the necessary form, the divorce petition, with general requests the dissolution of the marriage.

The divorce petition to be served to other spouse.

Either a response from the other spouse, or proof that the other spouse has received the divorce petition.

The divorce petition is set for hearing if the other spouse has an objection or is set for proof if the other spouse is not appeared.

Visitation: After a divorce or custody action, a leave is given by the court to the noncustodial parent to visit his or her child or children. Visitation rights may be decided by the agreement between the parties/parents or by a court order. If the court concludes that the parents will be cooperative, it may not proceed to issue court order with a detailed visitation schedule. If parents are not cooperative, the court will proceed to issue a detailed schedule including the days and times of pick up and return, and holiday and vacation schedules.

Adoption: Has been described as a legal method of “creating” between the child and one adult who is not the natural parent of the child, an artificial family, relationship similar to that of parent and child. The adopter is the one who precedes the act of the adoption. It is the voluntary acceptance of the responsibility to protect, look after and promote the development of the child of another until adulthood. Adoption it is an act which the child is becoming part of the artificial family with all the implication with common family name, home assets and kinship relationships which are thereby entailed.

Child Custody: The care of, look after and protection of child, which a court may award to one of the parties/parents following a divorce or dissolution of the marriage. After the divorce of the parent a child custody petition is filed to the court and a court order is issued named the parent with whom the child will live, how visitation right will be handled, and how both parents will afford financial support and disciplinary guidelines for their child.

Spouse abuse: Spouse abuse, or domestic violence, consists of pattern of behaviours that may comprise by repeated rough treatment, sexual violence, social isolation, psychological abuse, deprivation and intimidation of a victim by an intimate partner. A wide range of cases has been described by the victims of spouse abuse, including fatal and nonfatal injury, a range of medical complaints, drug and alcohol abuse, attempted suicide and other mental illnesses, and miscarriages. The most common civil actions is defending abused victims by protective order, restraining order, or injunction. The court may have the power to order the abuser to leave the home, receive counselling, or proceed with other actions. Police may have the power to arrest abusers who breach protective orders.