Civil partnership

Posted on 20 Apr 2016, by Arthouros Kiourtzides

A civil partnership is a private agreement in which two adults organise their cohabitation. Essentially, it is an agreement drawn up between two individuals ("Cohabitants") who formalise their partnership and by which are provided rights and obligations assimilated to those of spouses.

On November 26, 2015, the bill of civil partnership became law, when it was voted by the Parliament of Cyprus. The “Civil Cohabitation” Law, as is defined, acquired a substantial strength on December 9, 2015, which was the date where the law was published in the official Cyprus Gazette.

The law aims to fill a gap, the establishment of which responds to the social justice issues and needs of our time.

Specifically, the law contains provisions that regulate the conditions and procedures for the Cohabitation Pact. Furthermore, the law contains provisions regarding the regulation of issues relating to the status of children, property relations between the parties as well as cases of invalid, voidable and unsubstantiated pacts/agreements.

In a marriage all of the issues stated above are protected by the statutory legislation. Even though, if one of the two spouses challenges something, the law defines the rights and the obligations for each spouse. But when a couple is not married and does not want to get married, the civil partnership ensures the rights and obligations of both members when they are under the same roof.

The persons that want to conclude a Civil Cohabitation, must appear in person before the Registrar of the District in which one of the two interested members is residing, or in case that none of them permanently resides in the Republic, then they can appear before the Registrar of the District of their choice, and submit a duly completed and signed by the same, Policy Form Cohabitation. The following documents are required:

  • Valid and current identity card or passport or other equivalent travel document

  • Freedom Certificate

  • Affidavit that:

    • The marriage has not taken place or any other Civil Cohabitation policy is in force

    • They are not aware of any impediment or legal obstacle to the conclusion of civil union, and

    • Have ensured all necessary consents

An important advantage of the civil partnership is its dissolution, as it can be dissolved without complications and time-consuming processes, that divorce may often entail. On the other hand, children resulting during the pact force, have exactly the same rights as those born during a marriage.

It must be noted that no provision exists in the current state of the relevant legislation that covers the possibility of child adoption by the cohabitants.

The content of this article intends to provide a general guide to the subject matter. Specialist advice should be sought on your specific circumstances. For further information, please contact Arthouros Kiourzides.