International Divorce Lawyers in Spain

Navigating the complexities of an international divorce can be a difficult journey. It requires an in-depth knowledge of the various legal systems and an empathetic approach to the personal circumstances of those involved. This is where the experience of international divorce lawyers becomes invaluable.
 

Understanding International divorce

International divorce refers to the dissolution of a marriage between people residing in different countries or where the marriage itself took place abroad. The nuances of such a divorce include jurisdictional disputes, international property division and cross-border child custody. 

An international divorce lawyer is not only your legal representative, but also a strategic advisor who can navigate the intricate tapestry of international matrimonial law.
 

Divorce in Spain: A Case of Multifaceted Legalities

Spain, with its rich cultural tapestry, is also a landscape of complex divorce statutes. Divorce in Spain is governed by specific regulations that require careful consideration. Divorce law in Spain allows for both fault and no-fault divorce, but the complexities of spousal maintenance, property division and child custody can vary significantly from other jurisdictions.
 

Spain Divorce Laws: What You Need to Know

When considering a divorce in Spain, it is essential to understand the local legal terrain. Divorce laws in Spain encompass many unique provisions, such as the division of marital assets, which may not coincide with the laws of other countries. Divorce lawyers in Spain are well aware of these distinctions and can provide crucial guidance.

There are two important issues in an international divorce in Spain:

• International judicial jurisdiction, in a marriage with spouses of different nationalities, which is the court or tribunal that has jurisdiction to hear the divorce, as would happen if there were minor children.
   
• Applicable law, which legislation should be applied if that of the nationality of one spouse or that of the other spouse, because they can differ a lot, especially in economic matters.

When will the Spanish Courts be competent to process the divorce?

• If the habitual residence of the spouses is in Spain, or the last place of habitual residence of the spouses, provided that one of them still resides there.
   
• The habitual residence of the defendant is in Spain
   
• In the case of a joint claim, it is the habitual residence of one of the spouses
   
• The habitual residence of the plaintiff if he has resided for at least one year immediately before the filing of the claim
   
• The habitual residence of the plaintiff in the event that he or she has resided there for at least 6 months immediately prior to the filing of the claim and that he or she is a Spanish national
   
• If both spouses are Spanish nationals.

What law is applicable to separation and Divorce?

A) APPLICABLE LAW CHOSEN BY MUTUAL AGREEMENT BY THE PARTIES:

Spouses of different nationalities, who belong to States that have signed Regulation 1259/2010, may agree to designate the law applicable to divorce and legal separation as long as it is one of the following laws:

• The law of the State in which the spouses have their habitual residence at the time of the celebration of the marriage.
   
• The law of the State of the last place of habitual residence of the spouses, provided that one of them still resides there.
   
• The law of the State whose nationality one of the spouses has. 
   
• The law of the forum.

B) APPLICABLE LAW IN THE LACK OF CHOICE BY THE PARTIES:

Art 8 of Regulation 1259/2010 establishes that divorce and legal separation will be subject to State law:

• In which the spouses have their habitual residence at the time of filing the claim or, failing that 
   
• In which the spouses had their last habitual residence, or failing that
   
• Of the common nationality of the spouses, or failing that
   
• Before whose court the claim is filed

Assumptions of international divorce in Spain.

• I want to divorce a foreigner
   
• I want to divorce and we are both foreigners.
   
• I want to get divorced and I got married abroad.
   
• I want to get divorced and I got married in Spain, but I'm abroad.

If you find yourself in any of these situations, the expert international divorce lawyers at TA LAWYERS will advise you on everything you need.

International Divorce Lawyer in Spain: Bridging Legal Borders

Selecting an international divorce lawyer in Spain is a critical step in ensuring that your rights and assets are protected. A specialist lawyer will not only be knowledgeable about divorce law in Spain, but also about how it interacts with international legal principles.

An international divorce lawyer in Spain excels at providing legal assistance that transcends borders. They are equipped to handle the legalities of divorce proceedings involving expatriates or international couples residing in Spain. Their role is critical in ensuring a fair and legally sound dissolution of marriage, regardless of where the marital roots lie.

At TA LAWYERS, we understand that an international divorce brings with it unique and personal challenges. With extensive experience in the divorce laws of Spain and a thorough understanding of international issues, our group of specialist lawyers is prepared to guide you through every step of this process.

For personalized advice and representation, contact our team of experienced international divorce lawyers.
 

Understand the nuances of International Divorce and its impact on Real State holdings. Also, explore how divorce can affect Spanish Nationality status or applications.