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F.A.Q.

IS IT MANDATORY TO HAVE A LAWYER IN A DIVORCE CASE?

In the TRNC legal system, there is no obligation to have a lawyer, people can follow their cases without a lawyer, but it is worth noting that it is very important to follow the case with a lawyer, especially in terms of procedure, and we offer you the best service in this regard with our long years of experience in procedure.

  • How many types of divorce cases are there and what procedure are divorce cases subject to?

Divorce cases are divided into 2, these are;

1-Uncontested Divorce Cases

2-Contested Divorce Cases

Divorce Cases are subject to the TRNC Family Law, Family Regulations and in cases where there is no special regulation in the law and/or procedure, the Code of Civil Procedure is applied to Family Cases.

CAN A SPOUSE WHO DOES NOT PAY ALIMONY BE PREVENTED FROM SEEING THE CHILD?

No. Personal contact with the child is not dependent on the payment of alimony. It is a legal right and the spouse can have contact with the child even if alimony is not paid. In case of non-payment of alimony, the person who is entitled to receive alimony can initiate a civil or criminal process against the person who is obliged to pay alimony and ensure the payment of alimony.

HOW LONG DOES A DIVORCE CASE LAST?

Although there is no definite answer to this issue due to the intensity of the cases in the courts, uncontested divorce takes place in a single hearing, while contested divorce cases vary according to the property to be shared in the case and the reconciliation of the parties. If the case is appealed to the Supreme Court, this period is even longer.

DOES IT MATTER WHICH PARTY FILES FOR DIVORCE?

It is not important. What is important is to determine which spouse is at fault or more severely at fault for the dissolution of the marriage. The issue of who filed the case does not have any positive or negative effect on the course of the case.

IN WHICH COURT CAN A DIVORCE CASE BE FILED?

The divorce case can be filed in the family court where one of the spouses resides and/or where one of the spouses regularly works.

WHAT IS THE LEGAL REGULATION IN CRIMINAL CASES? WHICH LAW GOVERNS THE ASSESSMENT OF PENALTIES? WHO DETERMINES THE PENALTY AND HOW?

Criminal cases are primarily initiated upon a complaint made to the police at the stage of accusation of a crime, and the file prepared as a result of the police investigation is sent to the Prosecutor’s Office to obtain an opinion on the opening of the case. Based on the complaints approved by the Prosecutor’s Office and containing criminal elements, an indictment is issued against the defendants and notified to the persons. The indictment includes the name of the accused, the article of the law under which the accused is charged and the names of the complainants and witnesses. . Depending on the offense, cases are divided into Criminal Cases and Serious Criminal Cases. Defendants who commit crimes that are classified as felonies in the Criminal Code are tried in the Serious Criminal Court. Sentencing is announced by a joint decision of the panel in the Court. . In the Criminal Court, the sentence is assessed by the judge according to the penalty limits set by the Criminal Code and the Criminal Procedure Code, based on the facts before the judge, mitigating circumstances and the person’s admission of guilt, and the person is notified in the courtroom.

ARE THERE ANY RESTRICTIONS ON FOREIGNERS BUYING IMMOVABLE PROPERTY IN KKTC?

Yes, there are. The legislation changes from time to time and this amount may be increased or decreased. According to the current legal arrangement; there is the right to buy one (1) house and up to five (5) acres of land, which has to be within four apartments and five acres. Before making a decision regarding the purchase of immovable property in the TRNC, it is necessary to contact our office to get detailed information and make a decision.

HOW CAN I APPLY FOR A PURCHASE AUTHORISATION?

Our organization provides professional support on these issues and quickly initiates and finalizes these applications.

HOW CAN I APPLY IN PERSON?

You can apply through us or you can apply in person.

WHAT IS A TITLE DEED? WHAT INFORMATION DOES IT SHOW?

The title deed is the document that shows in whose name the immovable property is registered with the Land Registry Office, in short, the ownership. . It also shows the location of the real estate in question, which map references it is located in, how big it is, and who the neighboring parcels and the former owner of the immovable property are.

HOW DO I KNOW IF THERE IS A MORTGAGE OR OTHER SEIZURE AGAINST THE PROPERTY I BOUGHT?

The application in question is made through a lawyer. By making the application through a lawyer, you can find out whether there is any obstacle, court order, mortgage or any other reason that will prevent the transfer of the immovable property by authorizing our office within a week.

WHAT ARE THE REAL ESTATE TAXES IN CYPRUS?

The title deed transfer fee varies as 1%, 3% or 6% depending on the period. Apart from this, there is a real estate tax paid every year to the Municipality to which the relevant real estate is connected. After renting the real estate in question and submitting a declaration to the tax office, 8% of the rental price is paid as withholding tax if it is TL, and 18% if it is in foreign currency. . If you are buying the real estate for the first time, VAT is paid. When you sell the real estate in question, you will pay 2.8% withholding tax.

WHAT SHOULD BE DONE WHEN RENTING OUT IMMOVABLE PROPERTY IN TRNC?

The contrats made with the tenant are very important to prevent any problems that may arise in the future. . For this reason, lease agreements must be made in the presence of a lawyer or a certifying officer. Likewise, as our institution, we do not recommend the contracts made by the certifying officer, since the lease agreement is not issued by a lawyer. Moreover, lease agreements made by lawyers, which have serious contents, strengthen your hand in the eviction cases you will file.

HOW CAN I EVICT MY TENANT?

Upon the expiration of the tenant’s contract or failure to pay the rent, legal procedures are followed to evict the tenant from the immovable property in question, a lawsuit is filed and the lawsuit is followed.


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