ARTICLE
22 January 2025

Property Division In Marital Disputes: Insights On Asset Allocation And Contribution Recognition

Phoebus, Christos Clerides & Associates LLC (Clerides Legal)

Contributor

Phoebus, Christos Clerides & Associates LLC was founded in 1950. The firm was carried forward by the son of Phoebus Clerides – Dr. Christos Clerides of King’s College London. Phoebus Clerides was an ex-Minister of Justice and an ex-member of the House of Representatives. Dr. Christos Clerides was also an ex-member of the House of Representatives and the National Council of Cyprus, as well as President of the Cyprus Bar Association. Currently the office is lead by the third generation of advocates, Phoebe Cleridou, Alexandros Clerides and Constantinos Clerides. It has been active for 74 consecutive years in the provision of legal advice, services, and in the management and resolution of disputes with a specialisation in litigation. Out of court the firm provides advice in relation to corporate, commercial and related matters. In light of its long existence, the firm is active in all legal areas and is staffed with 16 professionals.
Dividing assets following a marriage dissolution is often a contentious and legally intricate process.
Cyprus Family and Matrimonial

Dividing assets following a marriage dissolution is often a contentious and legally intricate process. A recent appellate family court case sheds light on the complexities of determining contributions and distributing assets acquired during a marriage or partnership.

Key Issues in Marital Asset Division

One of the primary legal questions in these disputes revolves around the recognition and calculation of a spouse's contribution to the accumulation or increase of property. The case in question dealt with the following significant aspects:

  1. Proving Contribution: A spouse seeking a share of the property must demonstrate their direct or indirect contributions to its acquisition or increased value during the marriage.
  2. Valuation Challenges: Accurately determining the value of properties at critical points, such as the start or dissolution of the marriage, is crucial but often disputed.
  3. Evidentiary Requirements: Courts require credible, detailed evidence, such as independent valuations and expert testimonies, to substantiate claims regarding property values and contributions.

Lessons from the Court's Findings

In this case, the applicant spouse sought recognition for contributions to properties and assets acquired during the marriage. However, the court highlighted several deficiencies in the evidence presented:

  • Lack of Clear Valuation: The applicant spouse did not provide convincing proof of the properties' values at the time of separation, undermining her argument for a proportional share.
  • Absence of Credible Expert Testimony: The court noted the importance of expert opinions in verifying valuations and contributions, particularly when significant discrepancies exist between the parties' assertions.
  • Understanding the Legal Framework: Courts evaluate marital disputes based on established laws, such as those governing family property relations, which often require demonstrating the connection between contributions and asset growth.

Our offices successfully defended the respondent spouse and argued and succeeded, for the dismissal of the claim against his assets.

Protecting Your Interests in Asset Division

For individuals facing similar disputes, careful preparation and legal guidance are essential. Key steps include:

  • Documentation: Maintain detailed records of financial contributions, improvements to assets, or other support provided during the relationship.
  • Independent Valuations: Engage neutral experts to assess property values and substantiate claims with professional reports.
  • Legal Representation: Partner with experienced legal professionals to navigate the complexities of property division laws and effectively advocate for your rights.

For any inquiries or further information about the legal topics discussed, please consult a legal professional or reach out to your trusted advisor. This article is intended for informational purposes only and does not constitute legal advice.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More