Divorce Germany–Spain
Family Law in Spain and Germany
A divorce involving Germany and Spain requires an assessment of both jurisdiction and applicable law. Habitual residence, nationality and the family's actual circumstances may lead to different legal consequences.
Where can proceedings be brought?
European rules determine international jurisdiction. Depending on the circumstances, courts in more than one State may potentially have jurisdiction.
The timing and place of proceedings should therefore be considered before a case is filed.
Which law applies?
A Spanish court does not necessarily apply Spanish divorce law and a German court does not necessarily apply German divorce law. European conflict rules determine the applicable law.
Other matters such as maintenance, parental responsibility and matrimonial property are governed by separate rules.
Children
Where children live in a different State from one parent, jurisdiction for parental-responsibility matters must be considered separately. The child's habitual residence is particularly important.
How we can help
We coordinate German-Spanish divorces and analyse jurisdiction, applicable law and related matters involving children, maintenance and assets.