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Civil Divorce in Cyprus without 3 months stay ?

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  • Civil Divorce in Cyprus without 3 months stay ?

    Hello,

    Me and my soon to be ex wife got married in civil way in Cyprus July 2011 and wish to get a divorce . We both are dubai residents and would like to know the procedure , cost and time for getting a quick divorce. Can we get a divorce wthout staying in Cyprus for 3 months?
    We do not wish to do it from Dubai as courts in dubai will not accept civil marriage and will forward to Sharia courts as we are muslim.

    Thanks and regards,
    Gautam

  • #2
    Re: Civil Divorce in Cyprus without 3 months stay ?

    I wish to inform you that nationality is not a factor for divorce in Cyprus. After staying for 3 months in Cyprus then you may file for divorce in the Family Court. The court will consider the grounds of divorce and dissolve the marriage.

    AFF

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    • #3
      Re: Civil Divorce in Cyprus without 3 months stay ?

      Hello AFFA,

      Its impossible to stay in Cyprus for 3 months - we have work in Dubai .

      My question is - Is it possible to do the divorce via Cyprus Law not family law and not have to stay for 3 months?

      Regards,
      Gautam

      Comment


      • #4
        Re: Civil Divorce in Cyprus without 3 months stay ?

        Originally posted by Gothlaw View Post
        Hello AFFA,

        Its impossible to stay in Cyprus for 3 months - we have work in Dubai .

        My question is - Is it possible to do the divorce via Cyprus Law not family law and not have to stay for 3 months?

        Regards,
        Gautam

        NO! It is not possible for file for divorce in Cyprus without being a legal resident of Cyprus.

        One is still required to meet the divorce law requirements of Cyprus, stated in my above reply. If one is dead set on applying for divorce in Cyprus, then go ahead.

        This is a duplicate post. The first thread has adequate replies.

        Comment


        • #5
          Re: Civil Divorce in Cyprus without 3 months stay ?

          We had a civil wedding in Cyprus in 2011. We were just issued the divorce without staying in Cyprus and this was issued 3 months after we filed our petiton. The hint: Hire a specialized lawyer.

          Comment


          • #6
            Re: Civil Divorce in Cyprus without 3 months stay ?

            Originally posted by Unregistered View Post
            We had a civil wedding in Cyprus in 2011. We were just issued the divorce without staying in Cyprus and this was issued 3 months after we filed our petiton. The hint: Hire a specialized lawyer.
            Hire a lawyer who is willing to perpetrate a fraud on the courts, this anonymous poster suggests. A 'specialized" lawyer that he recommends can be translated to, "crooked lawyer."

            If a judgment is given where fraud was perpetrated upon the courts, it can also be vacated, set aside -- and if serious enough infraction, the parties may be prosecuted for perjury and fraud.

            Comment


            • #7
              Re: Civil Divorce in Cyprus without 3 months stay ?

              Originally posted by Friend In Court View Post
              Hire a lawyer who is willing to perpetrate a fraud on the courts, this anonymous poster suggests. A 'specialized" lawyer that he recommends can be translated to, "crooked lawyer."

              If a judgment is given where fraud was perpetrated upon the courts, it can also be vacated, set aside -- and if serious enough infraction, the parties may be prosecuted for perjury and fraud.
              Totaly agree if there was any fraud. But when we initially applied for the divorce we were advised that the Cyprus courts did not have any jurisdiction. However, when we declared that we both belong to the Christian faith and did not want to go through the Sharia in UAE they were able to find a window for us.
              The aim of both of us was to divorce and we signed a mutual consent on the divorce. We got it and registered it. Is there any possibility that a third party could claim on this decision if there was any discrebancy in the procedure?
              Regarding the "crooked lawyer", we never had the chance to see anything crooky throughout the procedure.

              Thanks .

              Comment


              • #8
                Re: Civil Divorce in Cyprus without 3 months stay ?

                The first step the couple should do is to register the case at the Moral and Family Guidance Section at the court.Shortly afterwards, a counselor will meet the couple and discuss their problems. They are then given a three-month time to try and solve the problems, before beginning the divorce process. If the couple, or either of them, still insists on divorce, the papers will be forwarded to the court for the judge to study the case. The judge will discuss it with the couple and listen to witnesses. It could take a couple of sessions before the judge makes his decision. The couple needs to attend all the proceedings. If the divorce applicants are both Muslims, but from different countries and are residents in the UAE, they will be divorced according to the administrative laws in their country, or the UAElaw, whichever they wish. If the couple are from the same country, the law of their country, will be applied or the UAE law, if they so wish.

                Comment


                • #9
                  Re: Civil Divorce in Cyprus without 3 months stay ?

                  Here are the grounds for divorce in Cyprus:

                  The law and procedures, first, depend upon whether the parties are members of the Greek Orthodox faith. Then the date and place of marriage. Whether a member of the Greek community and whether married before of after 2003. Whether the wedding was civil or ecclesiastical, belong to one of the ethnic communities; Armenian, Maronites, Roman Catholic and had a civil ceremony. Belong to the Greek Orthodox faith. For starters, after proving they are residents of Cyprus.

                  Main ground of divorce

                  In Cyprus, the grounds recognized for divorce are stipulated in A. 111 of the Cyprus Constitution. According to the Cyprus Constitution, in order to proceed with a divorce claim, “the existence of an irretrievable breakdown of the marriage attributable to the respondent or both of the spouses that rendered the continuation of the marital relationship intolerable”, must be proven.

                  Alternate grounds:

                  1. Serious breakdown of the marital relationship (by the party affected, not the perpetrator of the breakdown).
                  2. Four years of continuous separation
                  3. Change of gender
                  4. Desertion of the petitioner
                  5. Attempt on the life of the petitioner
                  6. Death of the spouse.
                  7. Persistent refusal to have a child
                  8. Insanity for a period exceeding three years.

                  These are the civil grounds under the Marriage Act. Grounds for those divorcing under the rules of the Greek Orthodox Church have to meet different standards.

                  Procedure

                  If the marriage was celebrated in Church, before the divorce petition is filed, the Bishop will try to reconcile the couple. In order for this meeting to take place a notification must be sent to the Bishop which will be stating all the reasons in relation to which the couple wishes to file for a divorce. After a three month period has elapsed from when the Bishop received the notification, the parties will then be able to proceed with their divorce application to the Family Court. It must be noted that the above procedure does not apply if one of the parties went missing, was declared dead or insane.

                  So, once over the residency hurdle, which with you two residing in Dubai will mean a falsified application to the court, these are the requirements the two of you will have to meet in order to divorce in Cyprus.

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