Children, money, two citizenships: life in Cyprus after a divorce in Russia

How lawyers helped a couple with a child adapt Russian divorce documents for life in Cyprus

The situation

A mixed Russian-Cypriot family had lived between two countries since 2015: the main business was in Russia, while Dmitry, Svetlana and their son Nikita spent more and more of their free time in Cyprus.

By the time the marriage broke down and Svetlana came to WhiteWins for advice, all three had already received Cypriot citizenship. They had to divide property in Russia and Cyprus and decide who the child would live with.

The request

The divorce proceedings took place in Russia, but both former spouses planned to live in Cyprus.

She was also worried about keeping her citizenship. In 2015 the family obtained Cyprus citizenship through the investment programme (suspended since 1 November 2020). Dmitry was the investor and main applicant, while Svetlana and Nikita received passports as family members. They were not owners of the house bought under the passport programme and did not know whether they could keep their citizenship after the divorce.

Dmitry and Svetlana agreed that their son would live with his mother and his father could visit him every two weeks. They also agreed on how to divide the property and the amount of child maintenance. Svetlana wanted to know whether agreements made in Russia would keep their legal force.

Dmitry, in turn, was worried about what would happen if his ex-wife claimed a share of their house. Under the agreement signed in Russia, the house remained the husband's property. But under Cypriot law she was legally entitled to half of the jointly acquired property.

The lawyer's advice:

A family law specialist prepared an opinion on the client's questions:

If the spouses obtained a divorce decree in Russia, there is no need to divorce again in Cyprus. If necessary, the decree can be registered in a Cypriot court, but this is not mandatory.

An agreement on dividing property and paying maintenance concluded in Russia has no legal force in Cyprus. If Dmitry stopped paying maintenance and Svetlana went to a Cypriot court, this document would not help her. For the agreement to work, it must be drawn up again and registered with a Cypriot court.

The couple's son Nikita keeps his citizenship after the divorce, because he remains a dependant of his father.

If Svetlana claims a share of the house, Dmitry also cannot rely on the Russian agreement in court. First he must have it legalised by a Cypriot court decision.

Svetlana will also keep her Cypriot passport. She obtained it lawfully and has not done anything that could be grounds for deprivation of citizenship.

The result

Dmitry and Svetlana decided to legalise the arrangements reached in Russia, so they could live in peace without expecting unpleasant surprises from each other.

The lawyers prepared and had certified in court documents that fully regulate the relationship of the former spouses in Cyprus.

An agreement on the relationship between parents and children, stating that Nikita lives with his mother and his father spends every second weekend with him.

An agreement to pay maintenance of €3,200 a month until the child turns 18.

An agreement on dividing the property located in Cyprus. The agreement states that Svetlana makes no claim to a share of the house bought under the citizenship-by-investment programme in 2015.

Thanks to competent advice, the spouses completed a difficult divorce and ruled out possible mutual claims in the future.

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