The 26th November 2015 the Cyprus Parliament approves the civil partnership legislation. The Law 184 (I)/ 2015 denotes that the union of heterosexual and LGBTQI couples may have a legal recognition outside the civil and religious institutions of marriage. As a result, it could be inferred that civil partnership legislation is a significant step towards equality in Cyprus.
Michael Chambers will explain the main aspects of the new legislation. The family law team of Michael Chambers & Co. LLC may provide you with legal assistance regarding conditions and procedures related to the conclusion of civil partnership, annulation or dissolution of civil partnership, property and child care.
A Civil Partnership concluded following the provisions of the Law 184 (I)/2015 has the equivalent results and consequences with a marriage, following the provisions of the Marriage Law (CAP 279). Nevertheless, the Adoption Law is exempt. Consequently, in the case of civil partnership, any legislation of the Republic of Cyprus related to “spouses” will be interpreted as “partners”.
Conclusion of Civil Partnership: Conditions and Procedure
The conclusion of civil partnership requires the free consent of both persons. A primary requirement is that both parties must be adults of sound mind. In this point, it should be articulated that gender has no importance which marks a step towards the LGBTQI rights in Cyprus. An individual is not considered capable of concluding civil partnership if he or she has not turned 18 years old. The paragraph 3 underlines that a person is not considered capable of concluding civil partnership if he or she cannot assess his or her actions. Furthermore, the conclusion of Civil Partnership between adopted children and parents is not allowed.
The persons who intend to conclude a Civil Partnership must present to the Registrar of the district where one of them resides. In case none of them is a permanent resident of the Republic of Cyprus, then they present to the Registrar of the district of their choice. Then, the parties submit duly completed and signed by them the Civil Partnership Form. Each of the parties should submit the following documents:
- A valid ID card or passport or another equivalent travel document.
- An affidavit that states that:
i. He or she is not married or concluded other civil partnership that is in force.
ii. He or she is not aware of any impediment or legal obstacle for concluding a civil partnership.
iii. There is every required consent, needed for concluding civil partnership or there is no need for this kind of consent.
- Duly certified original or copy of the certificate of no impediment of marriage/civil partnership or other duly accredited certificate issues by the competent authorities of the country of origin of the parties who are intending to conclude a civil partnership.
Michael Chambers and his team may advise you regarding the proper collection and preparation of the necessary documentation.
In case one or both parties reside in Cyprus under the regime of refugee or beneficiary of international protection and do not have the necessary documents then the Registrar may exempt them from submitting these particular documents. The Registrar may verify their identity through other documents.
After the submission of the necessary documentation, the Registrar asks the parties to affirm the conclusion of Civil Partnership. Then, the Registrar reads to the parties the relevant documents and asks them to sign the Civil Partnership Document. The Civil Partnership Document is also signed by two witnesses of sound mind who have turned 18 years old.
Once the necessary fee is paid, the Registrar issues the Civil Partnership Certificate in three duly signed copies that indicate the submission date. Afterwards, the Registrar files the original duly signed Civil Partnership Certificate and other related documents to the Register. Seven days after the submission of Civil Partnership Certificate to the Register, the Registrar gives one duly signed copy to each partner and one duly signed copy to the Deputy Registrar.
The Deputy Registrar may issue a certified copy of Civil Partnership Certificate to one or both partners following a written request. A certified Civil Partnership Certificate issued based on the provisions of the Law 184 (I) /2015 is accepted by any Court or authority or authorised person as a Civil Partnership proof.
Civil Partnership is in force from the date indicated on the Civil Partnership Certificate.
The legal team of Michael Chambers & Co. LLC may provide you adequate information concerning the conditions and procedures of conclusion of Civil Partnership.
Civil Partnership Annulation:
The Court of the district where the Civil Partnership has been concluded may issue an order that cancels or declares as annulated the Civil Partnership following an application by one of the partners, or an application by the property manager of an incapable person, or an application by the Deputy Registrar. A Civil Partnership that is cancelled or declared as invalid by a Court order stops having any result from the date it was issued. In case a child was born during a Civil Partnership that is cancelled or declared as invalid by a Court order, then the child has the legal status of a child born within a Civil Partnership.
Michael Chambers & Co. LLC may inform you whether a Civil Partnership is valid or not.
Civil Partnership Dissolution:
The two partners submit a joint statement in the presence of the Registrar, who facilitated the conclusion of civil partnership and at least two witnesses of sound mind who have turned 18 years old. Afterwards, the Registrar files this particular joint statement in the Register. A copy of the Civil Partnership dissolution statement is sent to the Deputy Registrar.
In addition, a Civil Partnership is dissolved by an order of the Court of the district where the Civil Partnership has been concluded, following a petition of one of the partners. In case the two partners get married, then the Civil Partnership is automatically dissolved. Moreover, a Civil Partnership is dissolved in case of death of one or both partners.
The legal team of Michael Chambers & Co. LLC may provide you a legal and administrative support during the whole procedure.
Conclusion, annulation and dissolution of Civil Partnership are two highly sensitive topics. Michael Chambers & Co. LLC’s team will be able to advise you on all the areas related to Civil Partnership, such as property and parental care matters. If you wish to speak to one of our Cyprus lawyers in absolute confidence, then please contact us: email@example.com