Divorce in Spain
Family Law in Spain and Germany
A marriage can be divorced in Spain even where one or both spouses are not Spanish nationals. In an international case, the first questions are which country's courts have jurisdiction and which law applies.
When do Spanish courts have jurisdiction?
EU jurisdiction rules take into account factors including the spouses' habitual residence, their last common habitual residence and the habitual residence of the respondent or applicant.
Nationality is therefore not the only relevant factor.
Which divorce law applies?
Jurisdiction and applicable law are separate questions. EU conflict-of-law rules can determine which law governs the divorce, and in certain circumstances spouses can agree on the applicable law within the limits of those rules.
Agreed and contested divorce
Where both spouses agree on the divorce and its consequences, the procedure can be significantly simpler. Disputes concerning children, maintenance, the family home or financial matters require separate consideration.
How we can help
We advise and represent clients in Spanish divorce proceedings, particularly in cases with an international element or a connection to Germany.