Cyprus: Civil Partnership Under The Civil Union Law Of 2015

Last Updated: 10 April 2017
Article by Antonis Paschalides

The entrance into a Civil Partnership, under the Civil Union Law of 2015 (the Adoption Law is excluded) has respective effects and consequences with the marriage and any reference in any legislation of the Republic of Cyprus to "spouse" shall be interpreted as a reference to "civil partner".

Procedure of entrance into a Civil Partnership

The entrance into a Civil Partnership takes place at the District Office of the District, where one of the persons concerned resides, by reporting in person upon appointment before the District Officer, who acts in his capacity as a Registrar. In case the persons concerned do not permanently reside in Cyprus, they can go at the District Office of their free choice. The process requires the presence of 2 witnesses, who must be over 18 years old and of sound mind, in order to sign the Form of Civil Union. In case the persons concerned wish other friends and relatives to be present during the proceedings, they must first secure the permission of the competent authority (the excessively celebratory character is excluded, as it may adversely affect the functioning of the Public Service). The persons that intend to enter into a Civil Partnership shall schedule an appointment to the competent District Office. There, they will fill and sing the Form of Civil Union and they will submit it to the the District Officer, paying fees of €90,00.

Along with the Civil Partnership form, each party must present the following documents:

i. Identity card or a passport or any other equivalent travel document

ii. Affidavit stating: a) that he/she has not concluded any other marriage or Civil Partnership which is still valid; b) that he/she is not aware of any impediment to the registration of the Civil Partnership between the parties; c) that the required consent is granted. An Affidavit is accepted if the declaration is given during the month prior the date of its first submission.

iii. Duly certified original or copy of a certificate, testifying his/her marital status (i.e. freedom to marry or to conclude a civil partnership agreement) or any other equivalent document. In case the Registrar considers satisfactory the documents submitted accompanying the «Form of Civil Union», the Registrar invites the persons concerned to declare their agreement to the contracting of a Civil Partnership. Following, the Registrar asks the parties to affirm the conclusion of Civil Partnership. Next, he reads out the text called Statement of the Civil Partners of a Civil Union and then he duly completes and signs the Form of Civil Union. Afterwards, the Form of Civil Union is signed by two witnesses. The witnesses shall present their Passport or ID card or any other valid personal document that can be used as an identification document for personal details and age. Afterwards, the Registrar supplies both Civil Partners with a duly stamped and signed «Certificate of Civil Union», bearing as a registration date the date the Civil Partnership has been contracted before the Registrar.

The Civil Partnership enters into force on the date of registration shown on the Certificate.

Contracting a Civil Partnership requires the free consent of the persons concerned. Therefore, the persons concerned should:

i. Be able to enter into a Civil Partnership (ie: have at least 18 years of age or be able to understand and appreciate their act and not to suffer from psychological or mental disorder or impairment or cerebral or other disease or illness or dependence on addictive substances or mental health problems) or

ii. not be acting under error on the identity of the civil partner

iii. not be a victim of fraud or misrepresentation or iv. not have consented to register the civil partnership out of fear caused by a serious threat and/or mental stress (ie: not given their consent after any act or omission which may cause fear to a reasonable person, that will be exposed to an immediate and significant risk to life, honor, freedom, physical integrity or property as his or her family members because of this fear or not the consent is detached after any legal, illegal or against public morals action or act or statement, which may result into fear to a reasonable person because of this fear.

Non - Impediment Certificate (NIC)

A Non - Impediment Certificate is a confirmation that no marriage currently in force has been contracted in the Republic of Cyprus and that no other Civil Partnership has been contracted. § In order for the certificate to be issued, Cyprus Citizens should attend to the Civil Registry and Migration Department (CRMD) issues a Non Impediment Certificate upon application and a payment of a fee of €34,17.

The application is submitted by each person separately and in person, along with a series of the following documents (in original, along with a copy):

(a) a valid Passport or Identity Card

(b) an Affidavit before a Court Registrar that the applicant has not contracted any other marriage or religious marriage or a Civil Partnership currently in force, that he is not aware of any legal impediment or obstacle to contracting a Civil Partnership, and that he has secured all necessary consents required or that no such consent is required (An Affidavit is accepted if the declaration is given during the month prior the date of its first submission).

(c) In case of a divorce of a previous marriage, including a religious marriage widowhood, or dissolve of a Civil Union, a respective duly translated and certified written evidence.

Cypriots, residing abroad can submit a relevant application at the competent consular services of the Republic of Cyprus.

EU Citizens, residing in the Republic of Cyprus on the basis of a residence permit, any other than the short - term touristic stay, should submit a NIC from the country of their citizenship, as well as a NIC issued by the CRMD. The CRMD issues a NIC upon application and a payment of a fee of €34,17.The application is submitted accompanied with the documents (in original, along with a copy) described above (point a – c), but also with (d) a Registration Certificate (Yellow Slip) and (e) a duly translated in Greek or English and certified Non -Impediment certificate from the country of the citizenship of the applicant.

Third country nationals residing in the Republic of Cyprus on the basis of a residence permit, any other than the short - term touristic stay, should submit a NIC from the country of their citizenship, as well as a NIC issued by the CRMD. The CRMD issues a NIC upon application and a payment of a fee of €34, 17. The application is submitted accompanied with the following documents (in original, along with a copy): (a) a valid Passport (b) a valid Temporary Residence Permit. In case of expiry within a month, a receipt or a renewal application should be submitted, (c) an Affidavit before a Court Registrar that the applicant has not contracted any other marriage or religious marriage or a Civil Union currently in force, that he is not aware of any legal impediment or obstacle to contracting a Civil Union, and that he has secured all necessary consents required or that no such consent is required. (d) a duly translated in Greek or English and certified Non -Impediment certificate from the country of the citizenship of the applicant. (e) In case of a divorce of a previous marriage, including a religious marriage widowhood, or dissolve of a Civil Union, a respective duly translated and certified written evidence.

Non – Cypriot Tourists residing on the basis of a short - term touristic visa, should submit a NIC only from the country of their citizenship. The CRMD issues a NIC to applicants and accompanies this document with copies of the affidavit and any foreign NIC submitted with the application, to be used while contracting the Civil Union.

A Non – Impediment Certificate is accepted if the date of issue is within the three month period prior the date of its submission.

Non-Impediment Certificates, issued by other countries Competent authorities, should bear the Hague stamp, known as the Apostille stamp, and officially translated in Greek or English from the Translation Section of Press and Information Office in Cyprus.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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