It is increasingly common for foreign nationals to live in Spain, build a family life here and, at some point, need to start divorce proceedings. However, when different nationalities, countries of residence or marriages celebrated abroad are involved, many questions arise regarding jurisdiction, the applicable law and the effects of the divorce judgment.
Can a foreign national get divorced in Spain?
Yes. Spanish courts may have jurisdiction to deal with divorce proceedings when there is a sufficient connection with Spain.
It is possible to divorce in Spain even if:
- Both spouses are foreign nationals.
- The marriage was celebrated in another country.
- The spouses have different nationalities.
However, they must have a sufficient connection in Spain which will generally mean they are habitually resident here.
Which law applies to the divorce?
Even if divorce proceedings take place in Spain, Spanish law will not always apply.
In some cases, the law of another country may govern the divorce, depending on factors such as the spouses’ nationality or habitual residence. This will be proven or evidenced by an expert from that country providing a certificate of law to our Judge here. However, that advice is often not fully appreciated or followed but our courts here!
It is therefore essential to analyse each case carefully before commencing proceedings; particularly the question of jurisdiction.
What happens if there are minor children?
Where there are minor children, the divorce process must also address important issues such as:
- Child custody arrangements.
- Contact and visitation rights.
- Child maintenance.
- Children’s expenses and extraordinary costs.
International family cases can be particularly complex, especially when one parent wishes to relocate to another country with the children.
What if the marriage took place abroad?
Spanish courts can deal with the recognition of a divorce of a marriage celebrated abroad, provided that the necessary documentation is submitted and, where required, properly legalised or apostilled.
Is an uncontested divorce the best option?
Whenever possible, yes.
An uncontested divorce is generally quicker, less expensive and less stressful than contested court proceedings.
It also allows spouses to reach agreements that are tailored to their specific circumstances and the needs of their children.
Divorce before a Notary: a quick and practical option
Many people are unaware that not all divorces need to be handled through the courts.
Where both spouses agree to the divorce and there are no minor children or dependent adult children subject to court-ordered support measures, the divorce can be formalised before a Spanish Notary Public by means of a public deed.
This option is often faster and more convenient than judicial proceedings.
However, legal representation by a lawyer remains mandatory. The lawyer will advise the parties and prepare the settlement agreement regulating the effects of the divorce.
Conclusion
International divorces involve specific legal issues that should be considered from the outset.
Matters such as jurisdiction, the applicable law and arrangements concerning children can have a significant impact on the outcome of the proceedings.
Obtaining specialised legal advice at an early stage can help ensure that the process is handled efficiently, securely and in accordance with your rights and interests.