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How to Get a Consensual Divorce in Cyprus: A step-by-Step Guide

How to Get a Consensual Divorce in Cyprus: A step-by-Step Guide

25 February 2023 at 22:00:00

Consensual Divorce in Cyprus – Legislative Amendments and Procedure


The divorce process in Cyprus has been modernised with the amendment of the Marriage Law of 2003 (N. 104(I)/2003), which came into effect in 2022 through Amending Law 1(I)/2023. These changes facilitate the dissolution of marriage by mutual consent, making the process simpler and faster.


Introduction of Consensual Divorce 


The most significant change is that spouses can now dissolve their marriage by filing a joint application with the Family Court, without the need to prove marital breakdown beyond their mutual agreement. Divorce no longer has to be a long, adversarial process. Thanks to recent legal reforms, couples who agree to separate can now pursue a consensual divorce through a simplified and efficient legal route. At ACP Legals, we guide clients through this process with clarity, discretion, and respect.


Below is everything you need to know about consensual divorce in Cyprus, updated for 2025.


What Is a Consensual Divorce?


A consensual divorce is a legal dissolution of marriage where both spouses agree to end the relationship and cooperate in the process. It is the quickest and least contentious way to divorce under Cypriot law.



Legal Framework: What has changed in 2023?


The process was simplified by Law 1(I)/2023, which amended the Marriage Law (Law 104(I)/2003). The key reform is that in consensual divorce cases, no prior application to the Church is required, even for religious marriages. This significantly shortens the timeframe. 


Eligibility Requirements for Consensual Divorce


- The couple must be married for at least 6 months. 

- Both spouses must consent in writing to the divorce. 

- One or both spouses must be habitually resident in Cyprus. 

- There must be no dispute over the fact of the divorce itself (disputes over children or property are handled separately).



Arrangements for Minor Children


If the spouses have minor children, they must first reach an agreement regarding custody, child support, and visitation rights. If no agreement is reached, the court may reject the divorce application until these matters are settled.



Procedure for Obtaining a Consensual Divorce


1. Filing a Joint Application

  • The spouses submit a joint application to the Family Court, expressing their mutual intention to dissolve the marriage.


2. Review of the Application by the Court

  • The court examines whether all legal requirements are met and ensures there are no unresolved disputes concerning child custody or financial matters.



3. Issuance of the Divorce Decree

  • If there are no legal obstacles, the court issues the divorce decree, which becomes effective as prescribed by law.


Duration and Implications


The consensual divorce process is significantly faster than in the past and can be completed within a few months, provided there is full agreement between the spouses. However, if disputes arise regarding financial or family matters, the process may take longer until these issues are resolved.


This legislative amendment makes divorce a simpler and more dignified process, reducing the emotional and financial burden on both parties. Nevertheless, legal guidance remains essential to safeguard the rights and obligations of each spouse.


Frequently Asked Questions


Q: Do we have to appear in court?

A: Yes, at least one party must attend the hearing, though it is usually brief and procedural. 



Q: Can we get divorced even if we married in a church?

A: As of 2023, no church notification is required for consensual divorces. 


Q: How long does it take?

A: In practice, most consensual divorces in Cyprus are finalised in 3 to 5 months from the date of filing.

ACP LEGALS

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21 Elia Papakyriakou, 7 Stars Commercial Bldg., 4th floor, 2415 Engomi, Nicosia, Cyprus

 

info@acplegals.com

+357 99 108 929

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