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 capital We help and advise you on the divorce procedure and its processing before the Spanish Courts, prior detailed study of all the relevant circumstances in each case, since different circumstances must be assessed, since it is not the same, that it is two foreign citizens who both reside in Spain, that one is abroad, likewise You must take 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).
It is important, first of all, to determine if the Spanish Courts are competent to hear divorce or separation or if, on the contrary, they are not competent, and the parties cannot file a divorce petition here in Spain, to do so they must comply with the International Regulations. in force, and the concurrence of necessary requirements imposed by such Regulations, without which a Spanish court could not hear. As a consequence of the above, It is extremely important to take into account the personal circumstances of each case and carry out a specific study in order to determine whether in Spain it would be possible to file for divorce or not. The situation may arise that not only the Spanish courts but also those of another state are competent, and that both spouses file separate divorce petitions, one in Spain and the other in another country, in which case they must have the consent of which court. will resolve the procedure.
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.
