Filenews 30 September 2021 - byMichalis Hadjivasilis
The package of eight bills that radically amend the Family Law, three years after their presentation in the House, was examined yesterday by the Committee of Lawyers who despite the disagreements promotes their passage. The bills submitted under the minister Ionas Nikolaou establish divorce by mutual consent, settle the matrimonial property regimes and provide for parental responsibility to be assumed in half where agreed. It also provides for the Constitution to be amended so that divorces are granted by one judge and not three as currently provided for. The Committee did not touch on the issue of informing the relevant Bishop of co-consultation before the divorce was granted, since it considers that it does not affect the process of dissolution of the marriage politically.
There was a great deal of discussion yesterday in the Commission on how to issue the divorce by mutual consent. Opinions were expressed by both attendees and Members of Parliament that there should be intervention by the Court, but voices were also expressed that since it is a divorce by mutual consent, it should not be resolved by the Court, as is the case in Greece. There was also a discussion about the time when a couple could divorce by consensus. As is in the bill, there is provision for the dissolution of the marriage six months after it has been committed, but MPs are calling for an extension of the time to one year, something about which there are disagreements.
The Deputy Chair of the Committee Fotini Tsiridou in her statements said that based on the reform of family law, time is saved and at the same time the rights of the child as they are recognized in international conventions are further protected. It also regulates issues related to the grounds for divorce and introduces divorce by mutual consent, strengthens the protection of family homes, regulates issues relating to violence in the family, protecting children first of all, and in general, issues of relations between parents and children are reviewed. With all these changes, particular emphasis is placed on issues affecting the best interests of the child as included in the UN Convention on the Rights of the Child.
AKEL MP Aristos Damianou said that family law in Cyprus is outdated and needs immediate modernization to meet the needs and demands of citizens. As he said, the Commission has brought about significant changes and improvements in the reform of family law and expressed the readiness if the necessary adjustments are in place to address these issues immediately "because at the end of the day it is the citizens who are suffering", he added.
DIKO MP Panicos Leonidou said that after 30 years of compliance with this legislation, the time has come to make the necessary changes and noted that one of the amendments concerns divorce by mutual consent. He said, as its issuance is made after a court order, the application to be submitted after one year from the marriage, there should be a written agreement of the parties and the issue of custody of minor children should be settled. As far as the bill concerning the couple's property relations is concerned, it is provided that the property is divided by half, whereas today the wife is given one third.
