By: N. Pirilides & Associates LLC
New sets of bills concerning the modernisation of the legislative framework governing Cyprus family law will be brought before the House before Christmas.
Such bills concern the process of applying for and being granted a divorce, parent-children relations and marriage, as well as the concept of amicable divorce, which is being introduced for the first time in Cyprus.
Perhaps the most vital amendment in the Family court proceedings is the fact that one judge will handle all and any applications of the applicant. In contrast to the current procedure, where different judges can handle the various applications between the same parties, something that it often leads to inconsistency amongst the judgments and decisions. Another proposal soon to be examined is the possibility of merging the applications concerning all family disputes into that of divorce, so that a divorce procedure would automatically initiate the necessary proceedings for alimony, property disputes and parental care as well.
Moreover, another noteworthy proposal is that of the time period between which the notice of intention of divorce must be given to the bishop and the filing of the actual divorce application. The proposal suggests that the time period should be reduced from three (3) months to six (6) weeks, and in addition to being submitted by registered mail, pursuant to the amendments, the relevant notice to the bishop shall be submitted online. The above notice does not apply to cases where the invoked reason for divorce is the absence of a spouse.
An additional suggestion made is the possibility of having a closed to the public court for the proceedings of hearing or part thereof. This shall take effect upon the Court’s approval on the request of either party and especially when minors are concerned and in an effort to safeguard both the parties’ and children’s right to privacy.
For any further information on the above and/or assistance with any family-related dispute, please contact us and we will be happy to assist.
