Cyprus: Separation Agreements

Nowadays, married couples who wish to separate will often opt for a friendly and voluntary separation agreement to make decisions regarding their children and property, rather than ending up in divorce court proceedings or having a court divide their rights and assets.

Such agreements should be formalised and their provisions incorporated into a formal separation agreement, which is also called a deed of separation.

However, according to Cyprus law, separation agreements do not constitute a substitute of court divorce orders. They can only be used as supporting evidence during custody procedures, or during matrimonial property and financial arrangements procedures before a court.

There are many issues that need to be considered when creating a separation agreement, and it is important that legal counsel explain:

• all aspects of a separation process;
• the matrimonial and family statutory rights and obligations;
• the way that such rights and obligations are being dealt with through a separation agreement compared to court proceedings; and
• the advantages and disadvantages of such settlement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.