Grounds for divorce

Family law series

In Cyprus, for a Divorce Decree to be issued first the Applicant must prove one of the below grounds:

  • Adultery

  • Immoral or disgraceful or other inexcusable behaviour which has caused a terrible degradation of the relationship, which renders the relationship unbearable for the Applicant

  • Threat against the life of the other spouse (for example, repeated physical abuse which may result in physical or mental disability).

  • Mental illness of one of the spouses for more than three years, which renders the relationship unbearable for the Applicant.

  • Sentencing of one of the spouses to imprisonment for more than seven years

  • Disappearance of either spouse.

  • Impotence of either of the spouses which took place at the time of the marriage and extends to six consecutive months and during the filing of the application.

  • Inexcusable desertion for two years. Repeated desertion for long periods of time which, when added, exceed the two years can form a valid ground for divorce. An invitation must be made for the return of the spouse to the family home.

  • Change of religion or denomination or exercising of moral violence or attempt of either of the spouses to convert the other spouse or the underage children to heresy, heterodoxy, or renunciation of the principles of the Orthodox beliefs and Church.

  • Constant obstruction of childbearing, contrary to the other spouses’ wishes.

  • Irretrievable Breakdown of the marriage

  • Perpetuated separation of the spouses for at least five years consist an irretrievable breakdown of the marriage and the divorce is deemed to be issued even if the grounds for irretrievable breakdown concerns the Applicant. However, the completion of the time limit is not altered by small gaps which occurred within the attempt to mend the relationship between the spouses and which in total do not exceed six months.

It is important to note that according to the facts in each case, the divorce can be issued either on the grounds which concern the other spouse, or on the grounds which concern the person who filed the application, or both.

It is important to note that the divorce will terminate the marriage, but it will not automatically change the wife’s surname. In case that the wife wishes to change her surname, she should file an affidavit stating the change of the surname.

Irretrievable damage of the marriage is the most common ground for divorce, and it includes among others irreconcilable differences, insults, fights etc.

We recommend that you read our firms’ article regarding what consist an Irretrievable damage of the marriage.

Other articles in the same series

Filling for Divorce

Irretrievable Damage of The Marriage

Paternity Leave

Obligation of Parents for Child Support after adulthood

Matrimonial Leave

Amendment of Child Support Order

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