divorce

If you are married to a person of a different nationality and have decided to end your marriage, you need advice on which divorce procedure you should follow.

Did you get married abroad?

Are you and/or your spouse nationals of different countries?

Do you need help, now that you are getting divorced?

LEXIDY’S experts in Family Law are here to advise you on which is the divorce procedure to follow that best suits your particularities, especially if you and/or your spouse are of different nationalities.

Getting a divorce is never easy and the process can be long and complicated. This is true for every case but more so if there are doubts regarding the law applicable and the jurisdiction in charge, if you have trouble understanding the law or the judge in charge etc. For example:

 

  • Is the judge of the country of my nationality competent? Do the courts of my spouse’s nationality prevail? Or the court of my place of residence?
  • Which law will apply to the divorce? Will I be just as protected by this foreign law as by the law of my country?
  • I want to return to my country, can a foreign divorce judgement be recognised?

 

The answers to these questions will vary depending on whether you are a national of a European Union country or not. European Law regulates these situations through different legal instruments by establishing a number of criteria based on the common residence, as well as the nationality of the spouses. Depending on your personal situation, these criteria will make it possible to define the judge competent to hear your case, the applicable law and the procedure for recognition of the divorce in another country.

If, on the other hand, neither of the spouses has the nationality of a European Union country, through International Private Law, which forms part of the Spanish legal system, these same questions will be answered using criteria similar to those of European Community Law. 

Although it is true that each solution to be adopted depends on the personal situation of the parties, in both cases, and in general, the divorce process will take place before the notary or judge of the last known family residence, and they will be able to choose the applicable law that gives greater protection to their interests, the judgement being recognised in the country of origin.

In order to help you face this complex situation, at Lexidy Law Boutique we offer you a detailed and personalised analysis by our lawyers specialised in the matter and our professional collaborators both inside and outside Spain.