Legal issues Cyprus

In the Republic of Cyprus, foreign citizens can contract a civil marriage by following specific procedures and requirements.

Choice of marriage venue: Civil marriages in Cyprus are conducted by municipal authorities. Foreign citizens can choose any municipality for marriage registration. For detailed information, it is recommended to visit the website of the Union of Municipalities of Cyprus.

Required documents: To marry, foreign citizens need to provide the following documents:

Valid passport: Original and copy.

Certificate of Non-Impediment: A document confirming the absence of obstacles to marriage, issued by the competent authorities in the country of origin and properly certified. For third-country nationals, this certificate is required; Cyprus authorities do not issue such a certificate for EU citizens.

Certificate of divorce or death of a previous spouse (if applicable): Officially certified documents with translation into Greek or English.

Affidavit of marital status: A sworn statement confirming current marital status (single/divorced/widowed) and the intention to marry the specified person.

Application procedure

Personal appearance: Both applicants must appear in person at the selected municipality to submit a marriage registration application.

Complete the application: Fill out the appropriate application form provided by the municipality.

Payment of the fee: Pay the established public fee for marriage registration.

Waiting and ceremony

Waiting period: After submitting the application, a waiting period may be required (usually about 15 days) before the ceremony is conducted.

Ceremony: The civil ceremony is conducted in the presence of the registrar and two witnesses.

Additional information

Marriage certificate: An official marriage certificate is issued after the ceremony.

Document legalization: If the marriage certificate has to be used outside of Cyprus, it may require apostille authentication.

For more detailed information and to download necessary forms, it is recommended to visit the official website of the Ministry of Interior of Cyprus.

Please note that procedures and requirements may change, so it is recommended to contact the selected municipality or relevant authorities in advance for updated information.

Registration of a child's birth in Cyprus is mandatory for everyone, regardless of the parents' citizenship.

Registration deadlines

Within 15 days: Parents must register the child's birth within 15 days from the date of birth.

After 3 months: If registration occurs beyond three months, additional procedures, including a notarized affidavit and payment of an increased fee, are required.

Required documents

Birth registration form: Filled out and signed by the attending physician.

Parents’ passports or identity cards: Originals and copies.

Marriage certificate of parents (if applicable): Original and copy.

Affidavit of paternity acknowledgment: If the parents are not married, a statement from both parents confirming paternity is required.

Registration procedure

Medical facility: After the child's birth, the medical facility issues a registration form signed by the physician.

District administration office: Parents must submit the registration form and required documents to any district administration office, regardless of the child’s birthplace.

Obtaining the birth certificate: A birth certificate is issued after processing the documents.

Fees

Registration on time: The fee is €5 if the birth is registered within 15 days.

Late registration: For registration after three months, a fee of €60 and an affidavit provision are required.

Registration at the parents' country's consulate: Foreign citizens are also advised to register the child's birth at their country's consulate to obtain relevant documents and citizenship. Some countries may require an apostille of the Cypriot birth certificate and its translation.

Additional Information

Apostille and translation: An apostille may be required for using the Cypriot birth certificate abroad, which can be obtained from the Ministry of Justice and Public Order in Nicosia.

Child's citizenship: A child born in Cyprus does not automatically receive Cypriot citizenship if both parents are foreigners. Citizenship is passed by descent; if one parent is a Cypriot citizen, the child may be eligible for Cypriot citizenship.

For more detailed information, it is recommended to contact the local District Administration office or visit the official website of the Ministry of Interior of Cyprus.

Choosing a Legal Structure

Sole Proprietorship: A simple business form where the owner bears full responsibility.

Limited Liability Company: The most popular form that limits the liability of the participants to the size of their contributions.

Public Company: Intended for large enterprises with the possibility of public issuance of shares.

Company Registration

Reserving a Name: Contact the Department of Registrar of Companies and Official Receiver to check and approve the uniqueness of the company name.

Preparing Foundation Documents: Draft the company's Articles and Memorandum of Association, specifying the objectives, structure, and management rules.

Filing an Application for Registration: Submit completed forms and founding documents to the Department of Registrar of Companies.

Tax Registration

Obtaining a Tax Identification Number: After registering the company, it is necessary to register with the Cyprus Tax Department through the TFA (Tax For All) portal.

Registering as a VAT payer (if applicable): If the expected annual turnover exceeds the established threshold (€15,600), registration as a VAT payer is required.

Opening a Bank Account

Choosing a Bank: Open a corporate bank account with one of the Cypriot banks to conduct the company's financial transactions.

Obtaining Necessary Licenses and Permits

Specific Licenses: Depending on the type of activity, additional licenses or permits may be required from the relevant authorities.

Social Insurance System Registration

Employer Registration: If the company plans to hire employees, it is necessary to register with the Cyprus Social Insurance Fund.

Accounting and Reporting

Mandatory Accounting: According to Article 30(1)(b) of the Law on Assessment and Collection of Taxes, those receiving income from profits are required to keep accounting books and records necessary to prepare financial statements in accordance with acceptable accounting practices.

Audit: Financial statements must be verified by a certified accountant in accordance with the Companies Law, Chapter 113.

Additional Requirements

EORI Number (for foreign trade activities): If the company plans to engage in import or export, it is necessary to obtain an EORI (Economic Operators Registration and Identification) number.

For more detailed information, it is recommended to refer to official resources, such as the Cyprus Tax Department and the Department of Registrar of Companies.

Note that procedures and requirements may change, so it is recommended to consult with professional lawyers or consultants on business registration matters in Cyprus.

In the Republic of Cyprus, notary services are provided by Certifying Officers, whose functions slightly differ from traditional notaries in other countries. Foreign nationals can use their services for certifying signatures, copies of documents, and other legal actions.

Functions of Certifying Officers

Certifying Signatures: Certifying Officers verify the authenticity of signatures on documents such as powers of attorney, statements, and contracts.

Certifying Copies of Documents: They verify that copies conform to original documents, which is necessary for official use of the copies.

Drafting Legal Documents: In some cases, Certifying Officers may assist in preparing legal documents, although their main role is certification.

The Process of Obtaining Notarial Services

Choosing a Certifying Officer: Foreign nationals can approach any certifying officer in Cyprus. Their offices are usually located near courts or administrative buildings.

Providing Identification: A valid passport or another form of identification is required when visiting.

Providing Documents: Present the original documents that need notarization, as well as their translations into English or Greek, if necessary.

Translation Requirements

Official Translation: Documents in foreign languages may require official translation into Greek or English.

Certification of Translation: Translated documents may require additional certification to confirm their authenticity.

Apostille and Legalization

Apostille: For the use of Cypriot documents abroad, an apostille may be required to confirm their authenticity in countries that are signatories to the 1961 Hague Convention. The apostille is affixed by the Ministry of Justice and Public Order of Cyprus.

Legalization: For countries not parties to the Hague Convention, consular legalization of documents may be necessary.

Additional Services

Legal Consultations: Some certifying officers may provide additional legal consultations or refer to relevant specialists.

Mobile Services: In exceptional cases, a certifying officer may travel to the transaction site or provide services outside office hours by prior arrangement.

For current information, it is recommended to directly contact the chosen certifying officer or a legal firm in Cyprus. It is also useful to review official resources and websites that provide information on notarial services in Cyprus.

Please note that procedures and requirements may change, so it is advisable to clarify details before seeking notarial services.

In the Republic of Cyprus, the divorce procedure is governed by family law and depends on the type of marriage (civil or religious), as well as the circumstances of the spouses.

Types of Marriages and Corresponding Divorce Procedures

Civil Marriage: If the marriage was conducted in a municipality, the divorce is processed through civil courts.

Religious Marriage: If the marriage was conducted in a church, it is necessary to first approach the relevant religious authority for divorce permission before approaching the civil court.

Jurisdiction and Residency Requirements

Residence in Cyprus: One of the spouses must reside in Cyprus for at least three months prior to filing for divorce.

Foreign Nationals: Foreign residents in Cyprus may file for divorce in Cypriot courts provided residency requirements are met.

Grounds for Divorce

Irreparable Breakdown of Marriage: The main ground for divorce is the proof that the marriage has broken down irretrievably.

Other Grounds: These may include marital infidelity, abuse, prolonged separation, and other serious reasons.

Divorce Procedure

Notification of Religious Authority (for religious marriages): Before filing a petition in court, the relevant religious authority must be notified of the intention to divorce.

Filing a Petition in Court: After notification or for civil marriages, a divorce petition is filed in the family court at the place of residence.

Court Proceedings: The court will examine the evidence and decide on the dissolution of the marriage.

Division of Assets and Child Custody

Division of Assets: The court addresses the division of jointly acquired assets, taking each spouse's contribution into account.

Child Custody: Decisions on custody, residence, and alimony are made in the child's best interests.

Required Documents

Marriage Certificate: Original or certified copy.

Documents Supporting Divorce Grounds: For example, proof of separation, evidence of infidelity, etc.

Identification Documents: Passports or identity cards of both spouses.

Legal Assistance

Lawyer: It is recommended to consult a lawyer specializing in family law for guidance and assistance in the divorce process.

Recognition of Divorce Abroad

International Recognition: A divorce issued in Cyprus is generally recognized in other countries, but it is recommended to check the requirements of the specific country.

Additional Information

Timeframes: The divorce process can take from several months to a year, depending on the complexity of the case and the workload of the courts.

Mediation: In some cases, spouses may turn to a mediator to settle disputes before going to court.

For more detailed information, it is recommended to refer to official sources, such as the Ministry of Interior of Cyprus, or consult with a qualified lawyer.

Legal Services

Cyprus Bar Association: This is the main body regulating the activities of lawyers in Cyprus. Their official website provides a registry of licensed lawyers and law firms, where you can find professionals who speak various languages, including Russian.

Choosing a Lawyer: When choosing a lawyer, it is recommended to consider their specialization, experience with foreign clients, and language proficiency.

State Legal Aid

Right to Free Legal Aid: In certain cases, such as criminal cases, family disputes, or issues related to asylum, foreign citizens may be entitled to free legal aid. It is necessary to submit the appropriate application and prove the lack of financial means to pay for a lawyer's services.

Consular Services

Embassies and Consulates: Foreign citizens can contact the embassy or consulate of their country in Cyprus for information about local legal procedures and recommendations for choosing a lawyer.

Non-Governmental Organizations

Human Rights Organizations: Some non-governmental human rights organizations in Cyprus provide free or low-cost legal consultations, particularly concerning human rights, immigration, and asylum issues.

Online Resources

Legal Portals: There are online platforms providing information about Cypriot legislation, as well as lists of practicing lawyers and reviews about them.

Procedure for Seeking Legal Help

Initial Consultation: Many lawyers offer an initial consultation where you can discuss the essence of the problem and determine the next steps.

Service Agreement: Before starting cooperation, it is recommended to sign a written agreement that specifies the terms of service, cost, and timelines.

Cost of Services

Lawyer Fees: The cost of legal services in Cyprus varies depending on the complexity of the case, the lawyer's experience, and other factors. It is recommended to discuss service costs and potential additional expenses in advance.

Language Barriers

Translators: If the lawyer does not speak your native language, it may be necessary to engage a professional translator to ensure accurate understanding of legal issues.

To obtain up-to-date information and choose the right specialist, it is recommended to use official resources, such as the Cyprus Bar Association, and to contact the embassy or consulate of your country in Cyprus.

Language Requirements for Documents

Greek or English: All documents submitted to official bodies in Cyprus must be in Greek or English. If the original is in another language, an official translation into one of these languages must be provided.

Official Translations

Sworn Translators: Official translations must be performed by sworn translators accredited in Cyprus. Such translations guarantee accuracy and conformity to the original.

Consular Translations: Translations may also be done by consular institutions of the country that issued the document or the relevant state bodies of that country.

Document Certification

Apostille: Documents issued in countries that are parties to the 1961 Hague Convention must be certified with an apostille to confirm their authenticity. In Cyprus, the apostille is affixed by the Ministry of Justice and Public Order.

Diplomatic Legalization: For documents from countries not participating in the Hague Convention, diplomatic legalization is required, which includes certification by the Ministry of Foreign Affairs of the issuing country and subsequent certification by the Cypriot consulate in that country.

Additional Recommendations

Consultation with the Receiving Authority: Before initiating the process, clarify with the receiving authority the specific requirements for translating and certifying documents.

The judicial system of the Republic of Cyprus is based on the principles of common law and includes several levels of courts, each possessing specific jurisdiction.

The Supreme Court

The Supreme Court acts as the appellate court, considering appeals on decisions of lower courts in civil and criminal cases. It also has jurisdiction in constitutional and administrative matters, as well as in cases related to maritime law.

The Court of Appeal

The Court of Appeal was established in 2023 as part of judicial reform to relieve the Supreme Court and expedite the consideration of appeals. The Court of Appeal hears appeals on decisions of first-instance courts in civil, criminal, and administrative matters.

District Courts

There are six district courts in the Republic of Cyprus, each serving a specific geographic region: Nicosia, Limassol, Larnaca, Paphos, Famagusta, and Kyrenia. District courts are courts of first instance and hear civil and criminal cases, except those within the jurisdiction of specialized courts.

The Assize Court

Each Assize Court consists of three judges and does not include jurors. The Assize Court hears serious criminal cases where the penalty exceeds five years of imprisonment.

Specialized Courts

Family Courts: Handle cases related to divorce, child custody, and property disputes between spouses.

Rent Control Courts: Handle disputes between tenants and landlords related to rent and lease conditions.

Industrial Disputes Courts: Handle labor disputes between employers and employees.

The Military Court: Handles cases related to military offenses and breaches of military discipline.

The judicial system of Cyprus seeks to ensure fair and efficient case handling, combining elements of common law with local legislative features.

Selecting Property

Determining Property Type: Decide whether you want to purchase an apartment, house, commercial property, or land.

Checking Legal Status: Ensure the property has a valid Title Deed and is free of encumbrances.

Restrictions for Foreign Buyers

EU Citizens: Citizens of the European Union can purchase real estate on the same terms as Cypriot citizens.

Non-EU Citizens: Foreign citizens from non-EU countries must obtain permission from the Council of Ministers of Cyprus to purchase real estate. Typically, purchasing one property (e.g., an apartment or house) or a plot of land of up to 4,014 m² is allowed.

Legal Due Diligence

Consulting a Lawyer: It is recommended to hire a qualified lawyer specializing in real estate to verify the purity of the deal and prepare the necessary documents. The lawyer will check for all necessary permits, and the absence of debts and encumbrances on the property.

Signing a Preliminary Agreement

Deposit: After reaching an agreement with the seller, a deposit is made to confirm the seriousness of the buyer's intentions.

Contract Terms: The preliminary agreement specifies the main terms of the deal, including price, deadlines, and obligations of the parties.

Obtaining Purchase Permission (for non-EU citizens)

Submitting an Application: After signing the preliminary agreement, an application must be submitted to the relevant district administration to obtain permission for purchasing real estate.

Required Documents: The application must be accompanied by a copy of the passport, proof of financial solvency, and information about the property being purchased.

Drafting the Main Sale Contract

Contract Signing: After obtaining permission, the parties sign the primary purchase agreement.

Contract Registration: The contract is registered with the Land Department within 60 days of signing, ensuring the protection of the buyer's rights.

Payment and Transfer of Ownership

Payment of Cost: Full payment for the property is made in accordance with the terms of the contract.

Transfer of Ownership: After full payment and fulfillment of all transaction conditions, ownership is transferred to the buyer at the Land Department.

Taxes and Fees

Value Added Tax: When purchasing new property, VAT may be charged at 19%. However, for a primary residence, a reduced rate of 5% is possible if certain conditions are met.

Stamp Duty: Charged at contract signing and ranges from 0.15% to 0.20% of the property's value.

Transfer Fee: Charged upon transfer of ownership and is calculated on a progressive scale. The Land Department's official portal provides a calculator to determine this fee.

Additional Expenses

Legal Services: Lawyer’s fees are usually 1–2% of the property's value.

Real Estate Agent Services: Agent commission may range from 3–5% of the property value.

Important Recommendations

Developer Verification: When purchasing property under construction, ensure the developer's reliability and that all necessary permits are in place.

Following the stated steps and involving professional consultants can help ensure a safe and lawful property purchase in Cyprus.

Child Custody

Joint Parental Responsibility: According to the Law on Parent-Child Relations of 1990 (No. 216/1990), both parents share equal responsibility for the upbringing and welfare of the child. This means that after divorce or living separately, parents must jointly make decisions regarding the child's education, health, and general development.

Dispute Resolution: In case of disagreements between parents on custody or the child's residence, the family courts of Cyprus have exclusive jurisdiction to handle such cases, making decisions in the best interests of the child.

Adoption

Legal Framework: The adoption process is regulated by the Adoption Law of 1995 (No. 19(I)/1995) with subsequent amendments, establishing procedures and requirements for adoption, with the welfare of the child as a priority.

Who Can Adopt

Married Couples: They can jointly apply for adoption.

Foreign Nationals: Foreigners living in Cyprus can adopt a child provided that one of the spouses is a permanent resident of Cyprus or has lived in the country for at least two years before the application.

Adoption Procedure

Application Submission: The application is submitted to the relevant family court.

Assessment of Applicants: Social evaluation of the living conditions, financial status, and moral qualities of the prospective adoptive parents is conducted.

Consent of Biological Parents: The consent of the biological parents is required unless they are deprived of parental rights or declared incompetent.

Court Decision: The court makes the final decision based on the child's interests.

Restrictions

Single Individuals and Same-Sex Couples: Currently, Cyprus law does not allow single individuals or same-sex couples to adopt children.

Recent Changes

Surrogacy for Single Women: In December 2023, the Cyprus parliament unanimously approved a law granting single women the right to have a child through a surrogate mother, expanding options for women wishing to become parents.

Recommendations for Foreign Nationals

Consultation with a Lawyer: Foreign nationals are advised to consult a lawyer specializing in Cypriot family law for detailed information and guidance in the custody or adoption process.

Compliance with Local Laws: It is important to consider that procedures and requirements may differ from practices in other countries, so it is necessary to strictly adhere to Cypriot legislation.