How to get a consensual divorce in Cyprus: a step-by-step guide
· ACP LEGALS
A consensual divorce is the quickest and least confrontational way to end a marriage in Cyprus. Both spouses agree that the marriage is over and apply together to the Family Court.
The legal basis
The Marriage Law, N. 104(I)/2003, was amended by Law 1(I)/2023, which introduced divorce by mutual consent. An important change is that no prior application to the Church is needed, even if the marriage was religious.
Who can apply
- The spouses have been married for at least six months.
- Both spouses consent in writing.
- At least one spouse is habitually resident in Cyprus.
- There is no dispute about the divorce itself.
If you have children
Where there are minor children, the spouses must first agree on custody (parental care), child maintenance and contact. The court can refuse to proceed until these arrangements are in place, so it is worth settling them early, ideally in a written agreement.
The steps
- Joint application: both spouses sign and file the application with the Family Court.
- Court review: the court checks that the legal requirements are met and that nothing is left in dispute.
- Hearing: at least one spouse attends. The hearing is usually short and procedural.
- Divorce decree: if there are no obstacles, the court issues the decree.
How long it takes
When the spouses fully agree, a consensual divorce can usually be completed in about three to five months from filing. It can take longer where financial or family questions are still open.
Frequently asked questions
Do we need to go to the Church first?
No. Since the 2023 amendment, spouses can apply directly to the Family Court.
Do both of us have to attend court?
At least one spouse must attend the hearing.
Can we divorce by consent if we disagree about property?
The divorce itself must be agreed. Property claims can be dealt with separately, but open disputes can slow the process down.
This article is general information about Cyprus law at the date of publication. It is not legal advice. Contact us about your own situation.