F.A.Q - Family LAW
Child Maintenance & Spousal Maintenance in Cyprus (Based on Law 216/1990, Law 232/1991 and Case Law) Child Maintenance (Cyprus)
Child maintenance is the legal obligation of both parents to provide financial support for their child in Cyprus. It covers food, housing, education, medical expenses, clothing, activities, and everything essential for the child’s well-being. Learn how child maintenance works in Cyprus.
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The maintenance amount depends on:
• the child’s actual needs,
• financial capability of both parents,
• standard of living before separation.
There is no fixed amount; the Family Court determines a fair contribution for each case.
According to Article 37, maintenance includes necessary costs for the child’s living and education. Typically: food & housing, school fees, tutoring, medical care, clothing & footwear, extracurricular activities, and transportation. Check what expenses are legally covered.
Both parents must contribute — regardless of gender or custody arrangements. The law imposes joint responsibility based on each parent’s financial ability. Understand parental obligations in Cyprus.
Maintenance continues until the child turns 18. It may extend if the child:
• is studying,
• serves in the National Guard,
• has a disability or cannot support themselves.
Yes. Article 38 allows adjustments when circumstances change, such as increased expenses, change in income, or unemployment. The Court can modify the amount fairly.
You can enforce the maintenance order via wage attachment, bank account garnishment, property execution, and in severe cases, criminal proceedings. Discover your legal enforcement options.
Yes, an out-of-court agreement is possible, but for full legal effect and enforceability, it must be ratified by the Family Court.
Spousal maintenance is financial support awarded to a spouse or former spouse who cannot support themselves. It is not automatic — the Court must determine there is a genuine need. Understand your entitlement to spousal maintenance.
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Anyone unable to meet basic needs due to: age, health, unemployment, caring for minor children, or lack of professional skills. The Court examines both the applicant’s needs and the other party’s ability to pay. Check if you qualify for spousal support.
The Court considers:
• the applicant’s needs,
• marital standard of living,
• income & assets of both parties,
• work capacity.
Learn how the Court calculates spousal maintenance. Regulation of Child and Spousal Maintenance under Cypriot Law
Maintenance can be temporary (until divorce finalisation) or long-term if the applicant cannot support themselves. It ends if the beneficiary:
• remarries,
• enters permanent cohabitation,
• gains sufficient income.
Understand the duration of spousal maintenance.
Typically: expense receipts, income statements, bank statements, payslips, medical records, bills, unemployment certificates, and other evidence of inability to self-support. Prepare the required documents for your application.
No. Maintenance is not automatic. The Court grants it only if real financial need is proven under Law 232/1991.
Legally, maintenance can be paid via:
• monthly installments,
• wage deductions,
• bank account garnishment.
Enforcement is legally binding.
Yes. Family Courts can issue temporary maintenance orders until the main case is heard. This applies to both child and spousal maintenance. Secure interim support quickly.
Yes, out-of-court agreements are possible but not enforceable unless ratified by the Court. Only a Court order ensures legal enforceability. Avoid risks by formalizing the agreement.
Duration depends on Court workload, case complexity, and cooperation of both parties. However, legislation allows issuance of temporary maintenance (Interim Order) in a short period to cover essential needs until the final judgment. Plan your case timeline effectively.
Property disputes after separation or divorce are among the most common and complex issues spouses face. Below you will find the key questions and answers — based on Law 232/1991 and Cyprus case law — regarding property claims, increase of property, contribution presumption, freezing orders, and limitation periods.
Yes. Following the dissolution, annulment, or separation of the spouses, if the property of one spouse has increased and the other spouse contributed to this increase (in any form), the contributing spouse may file an action to claim the portion of the increase that derives from their contribution. Learn how to claim your share and understand your rights regarding the increase of your spouse’s property.
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Yes. Proving the increase of property is a necessary prerequisite. If no increase is proven, the court will not examine contribution or entitlement.
The court compares the spouse’s property:
• at the time of acquisition / creation (initial property) and
• at the time of separation (final property)
The difference is the increase, which is valued in money.
(Σοφοκλέους v. Σοφοκλέους (2005) 1(Β) Α.Α.Δ. 1030)
The law presumes that a spouse’s contribution to the increase of the other spouse’s property is 1/3.
However, either spouse may prove a greater or lesser contribution.
No. The following are excluded from the increase:
• Gifts
• Inheritance
• Bequests
• Any other gratuitous acquisition
• Property derived from the disposal of inherited or gifted property
“Property” includes movable or immovable property acquired:
• before the marriage with the prospect of marriage, or
• after the marriage,
by either spouse.
Contribution includes any form of assistance in acquiring or increasing property, such as:
• employment
• financial contribution
• care of the family home and family members
According to Α. Ορφανίδης ν. Ν. Ορφανίδη (1998) 1 Α.Α.Δ..:
1. Identification of each spouse’s assets at the time of marriage
2. Determination of any increase
3. Examination of the origin of that increase and the other spouse’s contribution
The increase depends on:
• the value of the property, and
• the financial obligations of the owner
The subject of distribution is the increase, not the property itself.
(Α. Ορφανίδης ν. Ν. Ορφανίδη (1998) 1 Α.Α.Δ.)
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From the beginning of cohabitation with the intention of marriage until the date of separation.
The claim under Article 14 is barred after 3 years from the dissolution or annulment of the marriage.
The date of the divorce decree is excluded.
(Application No. 125/2020 – Χ.Κ. v Α.Μ.)
Yes. All relevant documents must be disclosed during the Discovery stage.
Otherwise, the Court may order disclosure later with costs.
(Application 139/2017 – M.M. v A.(A.)M.)
In exceptional cases, yes.
If property belongs to a third party but was used for marital purposes with their consent, the contributing spouse’s rights cannot be nullified.
(Περικλέους ν. Εγγλέζου, Εγγλέζος & Σία Λτδ (2011) 1Β ΑΑΔ 1015)
Practically:
The third party may be joined in the proceedings so the Court can issue the appropriate order to return the value or the property to the contributing spouse.
Yes. Evidence is required for:
• the acquisition price
• the value at the time of the dissolution of marriage
• expert testimony, where needed
The difference — after deducting debts and liabilities — is the increase.
(Application 19/2023 – G.G.M.G. v E.M.F.H.)
Yes. A freezing / prohibitory order may be requested if there is a risk of alienation and the legal criteria are met.
The Court may prohibit:
• sale
• transfer
• alienation
• encumbrance
• leasing
• gifting
of movable or immovable property (vehicles, shares, apartments, land, bank accounts, etc.).
(Application 5/2024 – A.K. v K.K.; Application 32/2024 – I.M. v O.M.)
They must prove:
1. the value of the increase in the other spouse’s property, and
2. their contribution to its acquisition/increase.
(Γ.Μ.Β. v T.A., Appeal 15/2020, 24/11/2022)
Understand how to prove your contribution and learn the next steps to protect your property rights.
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Need an assessment of your case?
Property disputes after separation or divorce are complex, and every detail can affect the outcome.
If you need:
• calculation of property increase
• evaluation of contribution
• advice on property claims
• guidance on freezing orders
you may request personalised legal support here.
Divorces
A consent divorce is based on the agreement of both spouses and is completed more quickly, with lower costs and less psychological strain.
In contrast, when the spouses do not agree to a consent divorce, or when issues arise such as child custody, maintenance, property, or matters relating to the conduct of one of the spouses, the procedure for a contested divorce is followed.
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The duration depends on the type of procedure and the Court’s timetable.
Consent: A few weeks to a few months.
Contested: It may take longer, depending on the issues that need to be resolved and the Court’s workload.
The mutual consent of both spouses is required for the dissolution of the marriage as well as agreement on essential matters, such as custody for any minor children.
If the spouses wish to dissolve their marriage through a consent divorce, it is mandatory that custody for their minor children has been settled or that a relevant application has been filed at the Court.
Custody is determined based on the child’s best interests. It may be granted to one parent or agreed as joint, with arrangements for contact and contribution to expenses.
Maintenance for children (and in certain cases for a spouse) is determined based on:
the child’s needs,
the parents’ income and financial capacity,
the standard of living prior to the separation.
The settlement of property disputes is a separate procedure from the divorce itself. Among other factors, the contributions of each spouse and the assets acquired during the marriage are assessed.
The presence of the parties may be required depending on the Court’s directions. Our team fully prepares each client for every stage of the process.
The cost depends on the type of procedure and the level of complexity.
We provide clear and transparent financial information from the very first meeting, so the client knows exactly what to expect.
In contested proceedings, the spouse will be notified through service of documents.
In a consent divorce, there is the mutual consent by both spouses who act as joint applicants.
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We combine:
Specialisation in Family Law
Confidentiality and discretion
Strategic thinking and efficiency
A human approach and empathy
Clear, practical solutions tailored to each client
Yes. The procedure can proceed even if the spouse resides in another country. Proper and effective service of documents and procedural management are required.
It depends on the specific circumstances. There are several grounds for dissolution of marriage beyond the irretrievable breakdown due to separation of more than two years.
Yes. The dissolution of the marriage is an independent procedure from matters of custody and property disputes. These may be examined in separate proceedings.
However, for a consent divorce, issues of parental custody must have been settled or a relevant application filed at the Court.
Even without cooperation, the procedure can proceed as a contested divorce. We:
collect the necessary evidence,
prepare a complete case file,
handle the case strategically and professionally.
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