The family courts have exclusive jurisdiction to determine petitions regarding the following:
A petition for divorce can be filed to the District Family Court by any of the spouses, after their separation. The petition can be filed to the region of where the parties had their last residence. For the Cypriot Courts to have jurisdiction, the spouses must live in Cyprus for at least three months before the filing of the divorce application.
A marriage can be either civil to any legal municipality of Cyprus either an ecclesiastic. However, the procedure varies depending on the type of marriage. In case of an ecclesiastic marriage, it is mandatory, three months before the petition to the court to notify the metropolis about the intention for divorce.
Crucial are the reasons of the divorce and which of the spouses is responsible for those reasons. Or whether the spouses are equally liable for the divorce, for example, similarly accountable for the severe breakdown of the relationship (loss of contact, miscommunication, conflicts).
In the case, that one of the spouses is responsible, then he/she will be ordered by the Court to pay the costs of the trial/legal proceedings. Whereas if both parties are guilty, then each party will pay its expenses.
After the filing of the petition, the other party must be notified about the procedure to the court. If the other party stays abroad, then among with the main petition for divorce it will be necessary to filed another petition in order for the court to give you the authority to deliver the petition out of the jurisdiction. It is mandatory to notify the other party.
Also, in case where the other party is notified legally, then it has two options. Either he/she can appear and defence either she/he cannot appear and the divorce will be issued at the next hearing date. On this date, the petitioner must appear before of the registrar and oath to an affidavit about the facts of the case and then the divorce will be issued.
If the other party appoints a lawyer, they will submit their written defence, through which will be either denying the reasons for the divorce or will simply be adding their intentions for it. And the court will proceed to trial.
