International divorce in Spain. Where it is possible to get divorced. Habitual residence of the spouses. Legal advice

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In this article, we will try to solve some of the most common questions asked when it comes to an international divorce. When we speak of international divorce, we are saying that one of the spouses is not a Spanish national. For example, a marriage British people, etc.
We are often asked where is it possible to get divorced if the spouses have different nationalities and they live in Spain. We can resolve the question if we take a look at the Regulation 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility.
In this regulation will establish numerous competent courts in which we can present our claim. Just to give an example, we could present the claim into the court of the State Member in which the spouses are habitually resident or also in the courts of the State Member of the last habitual residence of the spouses, provided that one of them still resides there, among others.
It is important to point out that the spouses could choose, depending on their situation, between several places in which they can start their divorce, always link to the concept of “habitual residence”
For this reason it is very important to know what exactly means habitual residence to start a procedure of divorce. Nevertheless, none of the European Regulations dealing with the habitual residence of the parties define it.  That means that the courts define what habitual residence means.
We have to find some definitions in the case law of the Court of the European Union. This court defines habitual residence as the place where the person has a physical relationship of voluntary permanence with a State with stability
If you would like legal advice about your divorce in Spain, contact us, and we will help you. You could contact us in our website: in the section CONTACT US.
Also, you could be interested in these other articles:
The importance of knowing your Matrimonial Property Regime. Post and Pre nuptial Agreements in Spain.
DIVORCE BY CONSENT IN SPAIN. GENERAL ISSUES: THE AGREEMENT OR CONVENIO REGULADOR.
Expat Divorce in Spain. Advantages
The information provided in this article is not intended to be legal advice, it simply transmits information related to legal issues.
Carlos Baos (Lawyer) White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
White & Baos 2022 – All Rights Reserved.

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Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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