Filenews 11 October 2021 - by Michalis Hatzivasili
Fundamental changes in Family Law are provided for in the package of eight bills currently being debated by the House Committee on Legal Affairs. Many relevant laws have been changing for over 30 years, while modern relationships have changed, as have the needs of children.
Divorce by a judge instead of three that is today, division of the property by half instead of 1/3 to the wife, provisions up to and including the surname of the child, will now be issued by mutual consent and not against one spouse, as is currently the case, while there are provisions that regulate disagreements about which school the child will attend.
We asked the Commissioner for Legislation, Louisa Christodoulidou Zannetou, to analyze the eight bills, on which there are several disagreements. It is noted that the previous House had discussed in several sessions the bills and the baton was now taken by the new House in order to complete the debate and lead them to a vote.
The first bill titled the Thirteenth Amendment of the Constitution Law of 2015, says Ms. Zannetou, amends Article 111 of the Constitution so that the trial for divorce is done by one judge while today it is done by three. This amendment will not affect the pending proceedings.
The second bill is the Family Courts Amendment Act of 2018. The aim is to regulate the composition of the Family Courts, change the qualifications of the judges and require the qualifications of the president of a district judge and the district judge respectively, in accordance with the Courts Act, and are appointed by the Supreme Court. The appointment of a family court judge should also require a broad knowledge of family law or experience. There will be training for judges. The same judge will deal with all cases raised between the same parties. Divorces of members of religious groups are also regulated.
The third bill, referred to as the Wills and Succession Amendment Law of 2018, aims, according to the Commissioner for Administration, to amend Article 2 of the Wills and Succession Law Cap. 195, by adding in the appropriate alphabetical order the definition of the phrase 'child or genuine child of a deceased person', so as to include a child of the deceased born by the method of post-mortem fertilization, provided that there is written consent of the deceased person, which was given before his death, and approval by the Council for Medically Assisted Human Reproduction in accordance with the provisions of the Application of Medically Assisted Reproduction Law of 2015.
The Marriage Bill introduces for the first time in our legal system the divorce by mutual consent with the agreement of the spouses, which will be the basis for the dissolution of the marriage. The criteria for divorce by mutual consent will be when the relations of the spouses have been so severely shaken for a reason concerning both spouses that the continuation of the marriage is intolerable and the marriage has lasted at least six months and in case there are minor children, a written agreement of the spouses regulating the custody of the children and contact with them will have to be produced. The time of separation for the irrebuttable presumption of breakdown of relations between the spouses is limited from four to two years and the short interruptions that took place as an attempt to restore the relationship are limited to four months instead of six months.
The Children's (Kinship and Legal Status) Amendment Law of 2018 aims at a child acquired by posthumous fertilization to be presumed to have been born during marriage provided that there is written consent of the person who died and approval by the Council for Medically Assisted Human Reproduction. When the child was acquired in accordance with the surrogacy procedure, the infestation of maternity is exercised within six months of the birth either by the presumed mother or by the surrogate woman.
In cases where artificial insemination is carried out with the genetic material of a third donor, the infringement of the recognition of paternity is excluded, even if the identity of the third donor is or subsequently known. In the event that a person continues to refuse or fails to take the necessary steps to carry out blood tests or other examinations, as the instructions of the Court, the Court may order that the person in question comply with his instructions within fifteen days. In the event of his omission, he shall not be entitled at a later stage to testify in his favour of any document or information unless the Court is satisfied that he had a valid justification for omitting.
The Regulation of The Matrimonial Property Regime of 2018 aims to make it mandatory to declare the property and income of the separated spouses accurately in order to determine the amount of maintenance and the protection of the family home. It will be allowed to issue an order to the employer to provide any useful information about the property status of the other spouse in relation to his income. Disposal or transfer or concession or mortgaging or sale or sale of any interest or benefit on the family home to any person without the written permission of the other spouse will be null and void. The contribution of one spouse to the increase of the property of the other will be presumed to amount to one-third of the increase.
Joint parental responsibility, choice of school
The bill entitled on relations between parents and children aims primarily to safeguard the interests of the child and to recognize the right of the child to freely express his opinion on any matter of interest to him in any judicial or other administrative procedure.
If the parents fail to declare the child's surname, it will bear both surnames. Children will not be separated from the parents unless such separation is necessary for their best interests. In the event of disagreement between the parents as to the school of attendance of the child, the child will attend a school in the educational district of his/her residence until the Court decides. Acts of custody will be attempted by one parent in cases of emergency medical treatment and in cases where the child is a victim of violence in the family. When the child is a victim of domestic violence or sexual abuse, the other parent will be able to request that the child be monitored by experts and supported by him or her.
Parental responsibility is conferred jointly on both parents, who agree and determine the place of residence of the child. The Court will be able to decide on the custody of the child by both parents for half. It will be possible to set up a group of experts, under the instructions of the Court of Justice, to assess the best interests of the child and to propose the application of interim protective measures aimed at the harmonious exercise of parental responsibility by both parents or in exceptional cases by one parent or a third person. The report they will prepare will be submitted within a short period of time and a copy will be made available to the parents after permission of the Court.
The Court may order the appointment of an Officer of the Department of Social Welfare Services to monitor the implementation of any parental responsibility decree issued and submit a report to it within a set time limit. Parents will participate in educational or therapeutic programs, pursuant to an order of the Court, if it is deemed necessary and for the benefit of the relations between parents and children. There will be an extension of the maintenance obligation at the request of the parent or creditor, where special circumstances require it after adulthood.
Electronic receipt accepted
One of the laws that is amended concerns the Attempted Conciliation and Spiritual Dissolution of Marriage Amendment Law of 2018.
The proof of the dispatch or delivery of the notification to the Bishop will be made by depositing at the Registry of the competent Family Court the proof of delivery of the notification by the applicant himself or by his authorized representative or the electronic receipt of the dispatch of the notification through the official website of the Church of Cyprus. Furthermore, the Bishop will give the spouses a certificate indicating the Spiritual Dissolution of the Marriage in case of failure of conciliation, while in case of non-realization of the attempt at conciliation, a relevant minutes will be drawn up explaining the reasons for not taking place.
