Sunday, April 21, 2019

Cross-border divorce in Cyprus

Increasing liquidity and international families are the two main outcomes of globalization. In other words, spouses may come from different countries, they may have moved abroad, and they may own assets in more than one country. As a result, if an international marriage breaks down, more than one jurisdiction will have the power to deal with divorce. Therefore, international couples can choose the country of divorce.

In addition to the legal dissolution of marriage, divorce also includes other relevant parameters, such as financial arrangements, post-segment maintenance and asset splitting. Financial settlements and other arrangements are related to the laws of the country where the divorce is issued. Usually, international couples consider the above criteria before choosing jurisprudence for divorce. To evaluate all available options, please consult a professional family lawyer. Nevertheless, any legal advice should be taken before any legal process is initiated.

As noted above, choosing the right country to submit a divorce petition may have a fundamental impact on issues related to financial arrangements. The main aspects to consider when choosing where to submit a divorce petition include:

  • Financial arrangement;
  • Divorce proceedings and legal fees in each country;
  • Available asset protection ban;
  • Reasons for divorce;
  • Parental care;

Cyprus has some considerable advantages as a divorce jurisdiction:

Place of residence:

Regardless of nationality, both parties must reside in Cyprus for at least three months before submitting a divorce petition.

Financial arrangements:

Divorce in Cyprus can only destroy marriage. Matters related to the division and maintenance of assets after divorce need to be arranged by a separate application.

Asset allocation:

An important advantage of choosing Cyprus as a divorce jurisprudence is that property generated before marriage is not considered when calculating assets generated during marriage. In other words, marriage does not affect the courtesy independence of each spouse.

, "Spouse Property Relations Law" provisions ' [232 of 1991]. Indicates that if the property of one of the spouses increases during the marriage and the property of the spouse of the other increases; then the other party may request an increase in the portion of the property that has been contributed by its contribution. Generally, unless a larger or smaller contribution is demonstrated, the contribution will be declared a 1/3 increase.

Maintenance after divorce:

There is no doubt that marriage life creates a moral relationship, and one of the spouses can rely on this relationship and ask for support after the divorce. According to Article 5 of Law No. 232/1991, a former spouse can apply for alimony only if he/she cannot support the economy and/or is unable to work due to health problems or other obstacles.

Another considerable advantage of choosing Cyprus as a divorce jurisprudence is that you can limit or terminate maintenance orders if:

  • This is for serious reasons;
  • The time for getting married is very short;
  • The claimant volunteered to cause poverty;
  • The dissolution of marriage was caused by the complainant's fault;

In addition, the maintenance order is terminated if:

  • The beneficiary remarries or he/she cohabits with others in the form of a free association;
  • One of them died;
  • The order was cancelled by the court;

Contact a professional lawyer and choose jurisdiction:

In the case of cross-border divorce, professional family lawyers will evaluate all available options and assist international couples in choosing jurisprudence.





Orignal From: Cross-border divorce in Cyprus

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