1. Introduction
In Cyprus, the majority of the cases that are related to family matters, such as divorce, property relations, custody of a child and maintenance are resolved by Family Courts. Under certain circumstances the family matters are resolved by the President of the District Court or the Family Courts of the Religious Groups.
2. Jurisdiction
Family Courts in Cyprus have jurisdiction to resolve the following matters:
- The dissolution of any religious marriage, in Cyprus or abroad, that was conducted under the rules of the Greek Orthodox Church;
- The dissolution of any religious marriage, in Cyprus or abroad, of any other faith (except from those marriages that are resolved by the Family Courts of the Religious Groups);
- The dissolution of any civil marriage, in Cyprus or abroad;
- Family matters in judicial proceedings initiated by the treaties to which Cyprus is a signatory country;
- Any family or matrimonial dispute between spouses and their children such as matters of parental care, adoption, maintenance, acknowledgment of paternity and property.
An important requirement for the family Courts to have jurisdiction is that one of the parties or both parties are resident in Cyprus for a continuous period of three months or more. However, the dispute involves property relation, then there is no need for any of the parties to be residents in Cyprus.
A decision issued by a Court of another country can be enforced in Cyprus provided that Cyprus has an agreement with that particular country for mutual recognition and enforcements of judicial decisions with the country issuing the decision. If the country issuing the decisions is an EU Member States, then the enforcement will be effected by using the EU Regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.