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Cyprus - Greece - International Family Law Issues

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Information for Cyprus Expats on legal issues with a Cypriot connection

This article considers the law following the breakdown of a relationship in cases where there is an international element. 

It corrects some common misconceptions about international family law and also provides some general advice on cases that have an international element.

HOW DOES INTERNATIONAL FAMILY LAW APPLY IN A GREEK/CYPRIOT RELATIONSHIP?

International family law may apply to the Cypriot/Greek family when a relationship breaks down in the following scenarios:

  • Where you have married in Cyprus/Greece or
  • There is property or other assets held in Greece or Cyprus or
  • You are worried that your partner/spouse may dispose or deplete assets held in Greece or Cyprus to ensure that you cannot make a future claim against them or
  • You want to relocate with your child to either Cyprus or Greece.

  The above list is purely illustrative and is not conclusive. It gives you some idea of the scenarios that could warrant the need to instruct a lawyer who has experience in international family law.

Please note that the following sections of this article have general application in any international family case and not just to cases which involve Cyprus or Greece. 
 

SOME COMMON MYTHS ABOUT INTERNATIONAL FAMILY LAW

I set out below some common misconceptions in cases which have international elements.

  1. “I have to divorce in the country where I was married”. No. Under the laws of England and Wales, you do not need to divorce in the country where you were married.
  1. “If my child’s other parent refuses to allow me to re-locate abroad with the children, there is nothing I can do” No. You can re-locate abroad with the Court’s permission.

 
 

  1. “My husband’s Cypriot/Greek lawyer is dealing with the divorce and the finances and all I have to do is sign”. No. You MUST take your own independent legal advice. Do not rely on the other party’s lawyer. They will be acting in their client’s best interests and not yours.
  1. “English Courts can’t touch my assets in Cyprus or Greece”. No. The English Court can make orders in relation to foreign assets.

 
 

  1. “It’s not child abduction if I go back to my home country with our child”. No. You could be committing child abduction if you leave the country without the other parent/Court’s permission.
  1. “Any lawyer can do family law with international aspects”. No. International family law is a specialist area and you need to ensure that you instruct a lawyer who regularly deals with such work.

 
 

    SOME KEY RECOMMENDATIONS IN CASES INVOLVING INTERNATIONAL FAMILY LAW

Here are some key recommendations if there is a Cypriot/Greek element to your case:

  1. Take urgent legal advice on the breakdown of any relationship when Cyprus or Greece is involved.
  1. Consult a specialist family lawyer. Many family lawyers do not specialise in international family work.

 
 

  1. You may need to take advice in Cyprus or Greece depending on the issues and the location of the assets.
  1. If you are thinking of divorce, do not discuss mediation with your spouse, without making sure proceedings have been issued in the most advantageous country for you.
  1. Always get permission in writing from the other parent to move abroad permanently with a child.
  1. Do not rely on advice from your spouse, friends or colleagues.

 
 

  1. Stop your spouse from disposing of assets before settlement possibly by freezing them. Taking preventive action can save legal costs and much distress.
  1. Always respond quickly when served with Court papers. However, ensure that you first take legal advice before responding.

 
 

As can be seen from the above, it is very important to obtain sound legal advice in any situation that involves the breakdown of a relationship but particularly where there is an international element.

© Lucy Loizou -  Family Lawyer                                

The International Family Group   website

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