INTERNATIONAL DIVORCE LAWYER IN SPAIN

Laura Rincón | Family Lawyer in Madrid

International Divorce and Separation in Spain

International divorces are increasingly common as people of different nationalities marry, live and raise families across borders. A divorce may involve several countries even when both spouses have the same nationality, for example, if they live in different countries or have moved abroad during their marriage.

When a divorce involves an international element, it is important to determine which country's courts have jurisdiction, which law applies and how the divorce may affect children, maintenance obligations and the couple's financial arrangements.

At Laura Rincón | Family Lawyer in Madrid, I advise clients on divorce and family law matters connected with Spain, helping them understand their legal position and the options available to them.

I provide legal assistance in English and Spanish, with appointments available in person in Madrid or online.

Do you need an international divorce lawyer?

If you are married to someone of a different nationality, live abroad or married outside Spain, you may have questions about whether you can divorce in Spain and what the consequences would be.

An international divorce requires an individual assessment of the circumstances, including the spouses' habitual residences, nationalities, the location of their assets and any existing proceedings or court decisions.

I can help you understand the relevant legal framework and assess the options available in your case, whether you are considering a divorce by mutual agreement or contested proceedings.

Contact me to discuss your situation.

International Divorce and Separation: The Applicable Legal Framework

International divorce cases may involve several different legal questions. The rules governing jurisdiction are not necessarily the same as those determining which country's law applies to the divorce.

Within the European Union, two important legal instruments are:

• Regulation (EU) 2019/1111, which addresses jurisdiction and the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, as well as international child abduction.

• Regulation (EU) No 1259/2010 (Rome III), which establishes rules for determining the law applicable to divorce and legal separation in participating EU Member States.

These rules help determine which courts may deal with a case and which law governs the divorce itself. Other issues, including matrimonial property, maintenance and parental responsibility, may be governed by separate legal instruments and conflict-of-law rules.

For this reason, it is important to assess each issue separately rather than assume that one country's law will govern every aspect of an international divorce.

Which Country Can Deal With Your Divorce?

One of the first questions in an international divorce is whether the Spanish courts have jurisdiction to hear the case.

The answer depends on the applicable legal rules and the circumstances of the spouses. Relevant factors may include their habitual residence, their last shared habitual residence, the respondent's residence and, in certain circumstances, the applicant's residence or the spouses' common nationality.

Under the applicable EU rules, Spanish courts may have jurisdiction in circumstances that include the following:

• Both spouses are habitually resident in Spain.

• Spain was the spouses' last habitual residence and one of them still lives here.

• The respondent is habitually resident in Spain.

• Both spouses apply jointly and one of the applicable jurisdictional grounds is satisfied in Spain.

• The applicant has been habitually resident in Spain for the period required by the applicable rules.

• The applicant is a Spanish national and meets the relevant residence requirements.

• Both spouses are Spanish nationals, where the applicable jurisdictional rules permit this ground.

These are general examples rather than an exhaustive list. The relevant jurisdictional ground must be assessed in light of the applicable legislation and the facts of the case.

Living abroad does not automatically mean that you must divorce in the country where you currently reside. It is important to establish whether Spain or another country has jurisdiction before deciding where to start proceedings.

Which Country's Law Applies to an International Divorce?

The country whose courts deal with a divorce does not necessarily determine which country's law applies.

Under Regulation (EU) No 1259/2010, commonly known as Rome III, spouses may be able to choose the law applicable to their divorce, provided the requirements of the Regulation are met.

If there is no valid choice of law, the Regulation establishes criteria for determining the applicable law. These include factors such as the spouses' habitual residence and their previous shared habitual residence.

This distinction can be particularly important where the spouses have different nationalities or have lived in several countries during their marriage.

For example, Spanish courts may have jurisdiction to deal with a divorce, but the applicable law may be that of another country. The consequences will depend on the circumstances and the relevant legal rules.

How Does the Applicable Law Affect Your Divorce?

The applicable law may influence important aspects of the divorce process.

Spanish law generally allows spouses to seek a divorce without having to establish fault or prove specific grounds for the breakdown of the marriage, subject to the applicable statutory requirements.

Other legal systems may have different rules concerning the grounds for divorce, the waiting periods before proceedings can begin or the conditions that must be satisfied.

An international divorce may also raise additional questions, including:

• Whether divorce proceedings have already been initiated in another country.

• How child custody, parental responsibility and contact arrangements should be determined.

• Which rules apply to child maintenance or spousal maintenance.

• How the matrimonial property regime should be dealt with.

• Whether a divorce judgment issued abroad will be recognised or enforced in Spain.

These issues do not necessarily follow the same legal rules. A careful assessment can help identify the relevant procedures and avoid overlooking important consequences.

International Divorce Involving Children

When a couple has children and the parents live in different countries, the divorce may involve additional legal considerations.

These can include parental responsibility, child custody, contact arrangements, child maintenance and decisions about the child's habitual residence.

The applicable jurisdictional rules and the child's best interests are central to determining the appropriate legal approach. In some cases, international relocation or disagreements about where a child should live may raise separate legal issues.

I can advise on the Spanish-law aspects of your situation and help you understand the legal options available for regulating family arrangements following separation.

Financial Matters in an International Divorce

International divorces may also involve assets, income or financial obligations connected with more than one country.

Depending on the circumstances, it may be necessary to consider:

• The matrimonial property regime applicable to the marriage.

• The division or liquidation of matrimonial assets.

• Ownership of property located in Spain or abroad.

• Spousal maintenance and child maintenance.

• The recognition or enforcement of foreign financial decisions.

The law applicable to the matrimonial property regime may differ from the law applicable to the divorce itself. It is therefore important to identify the relevant rules before reaching a financial agreement or starting proceedings.

What Happens If Divorce Proceedings Are Started in Two Countries?

In some international cases, both spouses may initiate divorce proceedings in different countries.

When this happens, the courts may need to consider the applicable rules on parallel proceedings and international lis pendens. These rules help determine how proceedings in different jurisdictions should be handled.

The outcome depends on the countries involved, the timing of the proceedings and the applicable legal framework.

Obtaining advice at an early stage may help you understand where proceedings can be brought and what steps may be appropriate.

Frequently Asked Questions About International Divorce

When is a divorce considered international?

A divorce may be considered international when it involves a relevant connection with more than one country. This may arise because the spouses have different nationalities, live in different countries or have moved abroad during their marriage.

The fact that the marriage was celebrated abroad does not, by itself, determine whether the divorce is international. The relevant circumstances and applicable legal rules must be assessed.

Can more than one country have jurisdiction over a divorce?

Yes. Depending on the circumstances, the legal rules may provide jurisdictional grounds in more than one country.

It is important to assess the applicable rules and the timing of any proceedings before deciding where to file for divorce.

Can I divorce in Spain if I am a foreign national?

You may be able to divorce in Spain even if you are not a Spanish national. Whether the Spanish courts have jurisdiction depends on the applicable rules and your circumstances, including your habitual residence and other relevant connections with Spain.

Do I need to divorce in the country where I got married?

Not necessarily. The country where the marriage took place does not, by itself, determine where divorce proceedings must be brought.

The relevant jurisdictional rules and the circumstances of the spouses determine which courts may deal with the divorce.

Which country's law will apply to my divorce?

The applicable law depends on the relevant legal rules and whether the spouses can make a valid choice of law. Where no valid choice is made, the applicable conflict-of-law rules determine which law governs the divorce.

The law applicable to the divorce may differ from the law governing property, maintenance or parental responsibility.

How can I protect my children during an international divorce?

The appropriate legal steps depend on the child's circumstances, habitual residence and the issues in dispute. It is important to address custody, contact, parental responsibility and maintenance in accordance with the applicable rules and the child's best interests.

If there is a risk of international relocation or a dispute concerning the child's residence, prompt legal advice may be particularly important.

Do I need a lawyer in Spain if I live abroad?

If you need to bring divorce proceedings in Spain or deal with family law matters connected with Spain, legal advice can help you understand the applicable procedures and requirements.

Whether proceedings can be handled remotely and whether you need additional legal representation in another country depend on the circumstances of your case.

International Divorce Lawyer in Madrid, Spain

If you are facing an international divorce, it is important to understand your legal position before deciding how to proceed.

At Laura Rincón | Family Lawyer in Madrid, I provide personalised advice on international divorce and family la