International Family


INTERNATIONAL FAMILY LAW. DIVORCE. MINORS.

It is increasingly common to have marriages celebrated abroad, whose spouses live in Spain after a migratory process and want to start a process of divorce here.

In response to this emerging reality, you can file for divorce in a Spanish Court, provided that both parties will agree with the Spanish law or one of the parties would still live in Spain.

The Spanish ruling will establish the basic elements of any divorce: dissolution, use of the marital home, child support, regime of custody of children, etc.

Depending on the country where the marriage was completed, the Spanish ruling can be easily executed. To do this we will confirm the existence of the signature of your marital state in a bilateral or multilateral agreement with Spain on the purpose of facilitating the filing for the divorce in your country, or request the child support in Spain, for example.

 
RECOGNITION OF DIVORCE AND ITS CONTENT IN SPAIN

It is a procedure with bilateral sense, it serves both to present in front of a Spanish Court a sentence ruled out by a foreign judge, or to execute a Spanish sentence abroad.

REQUIREMENTS

  • The sentence subject matter shall not be contrary to Spanish law enforcement.
  • The submitted documents must be duly legalized (by judicial or diplomatic authorities of the country where they were issued).
  • To urge the judicial procedure, except in certain cases of direct entry in the Civil Register.

REQUIRED DOCUMENTS TO ATTACH TO THE LAWSUIT

  1. Genuine copy of the duly legalized statement (with Apostille of the Hague, issued by the competent authority of the State where the sentence was processed). This is not required for all countries. In any case, translation should be made by a sworn interpreter.
  2. Certificate that the decision is firm.
  3. Certificate of the notification of the ruling to the defendant.
  4. Genuine photocopy of DNI or NIE.

TYPES OF EXECUTABLE RULINGS

The following types of sentences will be executable:

  • Those which establish child support or relatives.
  • Those that set compensatory pension.
  • Those that set adjudication of property and rights.
  • And generally, any other provision that establishes the judgment whose enforcement is applied in Spain.

PROCEDURE

In order to legitimate the exequatur it is required:

  1. VTo verify the existence of treaty with the State from which the statement originates. In case of an absence, the principle of reciprocity (if the country of origin of the judgement gives value to emanating from the State to whom it transacts exequatur) would apply.
  2. Compatibility of the ruling with the laws of the Spanish State compared to the country of origin.

Important to check:

  • That is does not contain pronouncements against the Spanish law.
  • That it is not opposed to the Spanish jurisdiction.
  • That the party who invoked the ruling has been notified in accordance with law.
  • That ruling is implemented in accordance with the law of the issuing State.