When it comes to divorce procedures many people come across to the issue of jurisdiction as they may have been married in England for example, but they now live in Cyprus. Under Cyprus Law, the general rule is that if both or at least one of the parties is living in Cyprus for a continuous period of 3 months then Family Courts in Cyprus acquire jurisdiction to issue a divorce order, even though their marriage took place in another country.
The Family Court will decide in the following divorce issues:
- dissolution of marriages celebrated in churches
- dissolution of a religious marriage, provided that the dissolution does not fall under the regulations of the Family Courts of the Religious Groups
- dissolution of civil marriages,
According to the legislation the following grounds are taken into consideration when filing for divorce in Cyprus:
– the breakdown of the marital relationship,
– four years of continuous separation,
– the absence of one of the spouses for two or more years,
– the imprisonment of one the spouses,
– separation for five years,
– a violent behavior,
– an immoral behavior.
A divorce petition may request the dissolution of the marriage for the breakdown of the marital relationship because of the fault of the defendant (husband or wife) or both parties. Requesting the dissolution of marriage for the breakdown of the marital relationship because of the fault of both parties is very common request in divorce petitions when both parties agree that they want a divorce and they do not care if the divorce is issued against the fault of the other party.
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