When two foreign citizens residing in Spain decide to end their marriage, different doubts arise about the procedure and where and when they can start it, doubts that also arise for those marriages between Spanish citizens and foreigners, when one of them is in Spain and the another does not, or there are great ties with our country.
From our law firm in Murcia, we help and advise you on the divorce procedure and its processing before the Spanish Courts, after a detailed study of all the relevant circumstances in each case, since different circumstances must be assessed, as it is not the same if there are two foreign citizens who both reside in Spain, as if one is abroad, likewise, it must be taken into account if there are minor children, their place of birth and residence, the place of celebration of the marriage etc.
Any foreign citizen may seek to have access to our Courts in order to obtain a declaratory ruling regarding their marital relationship and the measures derived from it, or only in the case of not being married and having minor children. , measures related to the relationship with them (parental-child measures).
First, it is important to determine whether Spanish courts have jurisdiction over divorce or separation cases, or if, on the contrary, they lack jurisdiction and the parties cannot file for divorce in Spain. This requires considering the applicable international regulations and whether the necessary requirements imposed by these regulations are met, without which a Spanish court would have no jurisdiction. Consequently, it is crucial to consider the personal circumstances of each case and conduct a specific analysis to determine whether a divorce petition can be filed in Spain. It is possible that not only Spanish courts but also those of another country may have jurisdiction, and that both spouses may file separate divorce petitions, one in Spain and the other in another country. In such cases, it is essential to know which court will hear the case.
Likewise, you must take into account the Law that will be applied by the Spanish Courts to your divorce, which may or may not be Spanish law, depending on the circumstances of each case and the international regulations in force and of which Spain is a member. part.
It is for all of the above that you must have exact and concrete knowledge of the necessary requirements to be able to access the Spanish Courts so that they can hear your request for separation or divorce. Therefore, it is essential to have comprehensive and unequivocal advice that guides you, represents you and defends your doubts and interests, for which you can contact our legal team at ACC LEGAL ABOGADOS, we will advise you on your specific case.