Reconciliation and Spiritual Dissolution of Marriage

Is a divorce from the Family Court required when there is a religious marriage?
There is often confusion surrounding the legal and ecclesiastical procedures required for a divorce, especially when the couple has entered into a religious marriage. Many wonder whether court intervention is necessary or if an ecclesiastical dissolution alone is sufficient. In reality, to permanently and validly dissolve a religious marriage in Cyprus, a combined process is required. This involves both an attempt at reconciliation through the Church and a final decision by the Family Court.

The Legal Framework and Notification Process
For the dissolution of a religious marriage celebrated according to the rules of the Greek Orthodox Church, the provisions of the Attempt at Reconciliation and Spiritual Dissolution of Marriage Law of 1990 apply.

Mandatory Notification: No application for the dissolution of marriage can be filed unless a notification is previously submitted to the competent Metropolis.

Required Information: This notification must state the intention for the spiritual dissolution of the religious marriage, the church where it was celebrated, the date of the marriage, the contact details of the spouses, and the grounds for divorce.

Exceptions to the Rule:
According to the Law, a Notification is not required when the invoked ground for divorce is the disappearance (absence) of the other spouse, or if the relationship between the spouses has broken down and the continuation of the marital relationship is intolerable due to violence committed against a spouse or a child by the other spouse. This applies provided that an official complaint has been lodged with the Cyprus Police or the Social Welfare Services of the Deputy Ministry of Social Welfare, and a relevant certificate has been issued by them.

Reconciliation Timeline and Court Action
The Bishop’s Intervention: Upon receiving the notification and registering it in the Registry of Notifications, the Bishop invites the spouses via written notice to appear before him in person, and makes an effort to reconcile them within a period of six (6) weeks from the service of the notification.

Failure of Reconciliation: After the lapse of six weeks from the receipt of the notification, the reconciliation attempt is deemed to have failed if, in the meantime, the certificate provided for by Section 12 of the Law has not been issued. At this point, either spouse may file an application for the dissolution of the marriage in the Family Court.

Court Decision: Following the issuance of the court decision for the dissolution of the marriage, and once it becomes final, the Registrar sends the decision to the religious leader so that they may proceed with the spiritual dissolution of the marriage.

Final Dissolution: The spiritual dissolution of the marriage occurs within fifteen (15) days from the date the decision is communicated to the religious leader.

Conclusion
Consequently, the dissolution of a religious marriage is not a one-dimensional procedure, but rather a chain of legal and spiritual steps where one stage presupposes the other. The Family Court is the only body competent to issue the official divorce; however, prior notification to the Metropolis (with the exceptions provided by law) constitutes an essential step for the judicial process to proceed. The procedure is formally completed with the spiritual dissolution, ensuring that the divorce is complete both legally and religiously.