Family matters involving Spain and another country

International family law can become complicated when your family has connections with more than one country.

You may live in Spain but have a different nationality. You may have married abroad, have children living in another country, or have a court decision that was issued outside Spain.

In these situations, it is important to determine which country has jurisdiction, which law applies and how a decision will be recognised and enforced.

I am Laura Rincón, a Family Lawyer based in Madrid, and I assist clients with family matters involving Spain and other countries.

I can help if...

• You live in Spain and your spouse lives abroad.

• You and your spouse have different nationalities.

• You were married outside Spain.

• You have children living in another country.

• You need to divorce in Spain after getting married abroad.

• You already have a divorce or family court decision from another country.

• You need a foreign judgment to have effect in Spain.

• You need advice regarding international custody or child arrangements.

• You need to deal with child support involving another country.

• You have family assets or property in different countries.

International divorce

Getting married in another country does not necessarily mean that you have to divorce in that country.

Whether you can start divorce proceedings in Spain depends on the circumstances of your family, including where you and your spouse live, your habitual residence and, where relevant, the habitual residence of your children.

Before starting proceedings, it is important to establish which court may have jurisdiction and which rules may apply to your situation.

Married abroad and living in Spain?

If you were married outside Spain and now live in Madrid or elsewhere in Spain, I can review your circumstances and explain the possible options.

The country where you got married is only one part of the legal picture.

International child custody

When parents live in different countries, decisions concerning children can become particularly sensitive.

International family matters may involve:

• Child custody and parental responsibility.

• Contact and visitation arrangements.

• Relocation of a child to another country.

• International travel.

• Child abduction proceedings.

• Child support.

• Recognition and enforcement of foreign decisions.

Where children are involved, their habitual residence and the specific circumstances of the family are particularly important.

Recognition of foreign family judgments in Spain

If a family court decision has been issued in another country, you may need to have it recognised in Spain before it can produce certain legal effects here.

The procedure depends, among other things, on the country where the decision was issued and the applicable international or European rules.

I can assess your situation and explain what procedure may be required.

International child support

If the parent who is required to pay child support lives in another country, recovering or enforcing payments may involve international cooperation mechanisms.

The appropriate procedure will depend on the countries involved and the circumstances of the case.

International matrimonial property matters

International families may also have questions concerning their matrimonial property regime and assets located in different countries.

This may arise, for example, when spouses have different nationalities, have lived in several countries or own property abroad.

The applicable rules should be assessed before making decisions about the division of assets.

A personal approach to international family matters

International family cases often involve several legal systems and can require coordination between professionals in different countries.

My approach is to first understand your family situation, identify the international element and explain the legal options available to you in Spain.

Based in Madrid · Working throughout Spain

I assist clients in Spain and clients living abroad who need legal assistance in relation to a family matter connected with Spain.

Consultations are available in English or Spanish.

If your family situation involves more than one country, get in touch to discuss your case.

Laura Rincón
Family Lawyer in Madrid, Spain