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Case Study: Navigating Divorce and Child Custody Through Negotiation

Background

This case involves a couple married for 25 years in Cyprus, both in their second marriages. The husband, aged 52, has three children from a previous marriage, while the wife, aged 35, has two children. They jointly own property in Cyprus, classified as joint property, despite the husband being the sole purchaser. Additionally, the husband inherited property valued at $6 million, which is also registered as a joint asset.

The wife was employed in Dubai and frequently traveled to the UAE. During one of her visits, she engaged in an extramarital affair, misrepresenting herself as a divorcee. The couple entered into a tenancy agreement for an apartment, sharing the rent equally and cohabiting whenever she was in Dubai. However, as their relationship deteriorated during the lease renewal period, the wife ended the affair and requested her partner to vacate the apartment. Following this, she ignored his attempts at communication, leaving him without recourse.

Key Events

The affair came to light when the wife’s partner sought her out through various means, eventually contacting her son for help to reach her. This prompted the son to inform the husband about the affair, leading to significant family discord.

The husband reached out to the extramarital partner and discovered that he was unaware of the wife’s marital status. Upon learning of her marriage, the partner expressed a willingness to support the husband’s interests by providing evidence of their communications and documentation corroborating their physical relationship during the marriage.

In light of these revelations, the husband seeks a divorce and custody of all children involved, including the wife’s children. He also requests the removal of her name from all property records.

Legal Context

In Cyprus, adultery is not a criminal offense, which complicates divorce and child custody matters. Acknowledging these challenges, the husband approached our law firm in Dubai for guidance on divorce proceedings and child custody issues.

Negotiation Strategy

Given the complexities of this case, we prioritized negotiation over litigation. Court proceedings can be lengthy, costly, and emotionally taxing. With substantial evidence available, including the willingness of the extramarital partner to testify, we believed that negotiation could yield a more favorable outcome.

We initiated discussions with the wife, aiming for a settlement that recognized her responsibilities while prioritizing the best interests of the children involved.

Conclusion

This case highlights the significance of negotiation in resolving family law disputes. By emphasizing communication and collaboration, we strive to achieve a resolution that is fair and minimizes the emotional and financial burdens on all parties. Our approach reflects our commitment to facilitating amicable solutions whenever possible, enabling clients to move forward positively after a challenging chapter in their lives.

For further insights on navigating complex legal issues through negotiation, please contact LawBridge.

Author:
Krishna Priya
Legal Associate

Lawbridge Legal Consultants

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