At Legal Boutique Ibiza, we understand the emotional and legal challenges that come with an international divorce. From our experience in Family Law, we are here to provide you with the necessary guidance and support with this step-by-step legal guide on International Divorce.
What is an international divorce?
An international divorce occurs when one or both spouses are of different nationalities or reside in different countries at the time of separation or dissolution of the marriage. This situation implies the application of legal regulations from different countries, which can generate confusion and uncertainty.
1. Legal Challenges in International Divorce
Marriages between people of different nationalities can unfold their effects in multiple countries, which significantly complicates the divorce process.
From asset division to child custody, every aspect must be carefully addressed to ensure a fair and equitable outcome.
2. Recognition of Foreign Judgments: Exequatur
Legally validating a divorce decree issued by a foreign court is essential in international divorce cases. Our team is here to guide you through the exequatur process and ensure that all relevant legal requirements are met.
3. International Judicial Competence: Article 22 LOPJ
The determination of judicial jurisdiction in international divorce cases is crucial. Our expert attorneys are familiar with Article 22 of the Organic Law of the Judiciary and can help you understand your legal rights and options in this area.
What does article 22 say about this topic?
In summary, this article grants jurisdiction to the Spanish courts in matters of marital crisis in the following cases:
- When both spouses have habitual residence in Spain at the time of filing the claim.
- When the plaintiff is Spanish and has his habitual residence in Spain.
- When the spouses have Spanish nationality, regardless of their habitual residenas long as the ce, claim is filed by mutual agreement or by one of the spouses with the consent of the other.
- When both spouses have submitted to the Spanish courts.
It is important to note that these criteria may have been modified or updated since my last update in January 2022, so it is recommended to check the most recent version of the Organic Law of the Judiciary for updated information on the subject.
4. Law Applicable to Divorce: Regulation (EU) No. 1259/2010
The law applicable to divorce in international cases is governed by Regulation (EU) No 1259/2010.
Regulation (EU) No 1259/2010 establishes enhanced cooperation in the field of law applicable to divorce and judicial separation in cases of international divorce within the European Union (EU). Some key aspects of this regulation are:
Determination of applicable law: The regulations establish conflict rules to determine the law applicable exclusively to the grounds for divorce and judicial separation in international divorce cases. This means that in situations where the parties are involved in an international divorce within the EU, the rules set out in this regulation will apply to determine which law should govern the divorce process.
Scope of application: The regulation applies only to divorces and marital separations of a civil and non-religious nature in situations involving a conflict of laws. It is important to note that this regulation does not address other legal aspects associated with divorce, such as the division of assets or custody of children, which may be governed by other regulations.
Irretroactivity: The regulation does not have retroactive effect, which means that it applies only to divorces and judicial separations initiated after its entry into force. This ensures that the rules set out in the regulations are applied in a consistent and predictable manner to future international divorce cases.
Applicability: The regulation is applied by the competent authorities of the participating Member States of the EU. It applies to any international divorce or judicial separation situation within the EU, regardless of the nationality, habitual residence, domicile or other personal or professional circumstances of the spouses.
In summary.
In summary, Regulation (EU) No 1259/2010 sets out clear and consistent rules to determine the law applicable in cases of international divorce within the EU, providing a solid and predictable legal framework for couples facing this situation.
It is important to understand these conflict rules to ensure that all relevant legal provisions are followed during the international divorce process.
Life presents us with unexpected challenges, and sometimes one of them can be an international divorce. If you find yourself in this situation, it’s normal to feel overwhelmed and unsure about how to proceed. At Legal Boutique Ibiza, we understand the complexity and delicacy of divorces that involve different countries, which is why we offer you the legal and emotional guide you need to face this process with serenity and confidence.
Why Legal Boutique Ibiza is your best ally in an international divorce?
1. Experience and knowledge:
With over 12 years of experience in Family Law, Teresa Toscano, our expert attorney, has guided numerous clients through successful international divorces.
Her in-depth knowledge of Spanish and international law allows her to approach each case with precision and effectiveness.
2. Empathy and understanding:
We understand that a divorce is an emotionally draining process. For this reason, we offer you close, understanding and personalized treatment, attending to your needs and concerns with sensitivity and respect.
3. Comprehensive approach:
We approach your case from a comprehensive perspective, considering not only the legal aspects, but also the emotional and economic repercussions that an international divorce can have on your life.
4. Global network of collaborators:
We have a wide network of international collaborators, experts in Family Law in different countries, to guarantee complete and effective attention at each stage of the process.
How can we help you?
1. Personalized advice:
We analyze your case in detail to determine the applicable jurisdiction, the law that will govern the divorce, and the options available.
2. Legal representation:
We represent you in all legal procedures related to your international divorce, both in Spain and abroad.
3. Negotiation of agreements:
We seek consensual solutions and extrajudicial agreements to avoid a long and costly judicial process.
4. Documentation processing:
We are in charge of obtaining and translating the necessary documentation for the divorce process, managing the administrative procedures before the relevant authorities.
5. Defense of your interests:
We ensure the protection of your rights and interests throughout the divorce process, seeking the best possible resolution for you and your family.
Practical example of international divorce:
Case: Spanish couple marries in Spain and resides in the country for 5 years.
Later, they move to Germany and live there for 7 years.
Finally, they decide to divorce.
Analysis:
Regulation (EC) No. 2201/2003 applies to determine international judicial jurisdiction.
The Spanish courts are competent since the last habitual residence of the spouses was in Spain.
Regulation (EU) No. 1259/2010 determines the law applicable to divorce, in this case, Spanish law.
Case: Foreign couple marries in her country of origin and resides there for 10 years. Later, they move to Ibiza and live on the island for 5 years. Finally, they decide to divorce.
Analysis:
Regulation (EC) No. 2201/2003 applies to determine international judicial jurisdiction.
The Spanish courts are competent since the last habitual residence of the spouses was in Spain.
Regulation (EU) No. 1259/2010 determines the law applicable to divorce, in this case, Spanish law.
Conclusions
At Legal Boutique Ibiza, we are committed to providing you with the best legal advice in international divorce cases.
From validating foreign judgments to determining jurisdiction, our team of experts is here to help you every step of the way.
Contact us today to learn more and schedule a consultation.
Your peace of mind and well-being are our priority.
Phone: +34 971 33 74 51
Email: info@legal-boutiqueibiza.es
Address: Avinguda d’Ignasi Wallis, 21, 1ª planta, 07800 Ibiza, Balearic Islands
