Carlos Baos – Divorce in Spain

International Marriages and Divorce proceedings in Spain by mutual consent. 

In our increasingly globalized world, international elements in marriages are becoming more common. Couples of different nationalities, who might have gotten married outside of Spain, and that currently live in different countries, etc. When such relationships end, legal questions about formalizing the divorce in Spain arise. In today’s column, we address these concerns and provide clarity on the divorce process for foreigners in Spain.

Determining the court competence. Divorce in Spain.

As a member of the European Union, Spain applies EU regulations on judicial competence for divorce cases. These regulations can apply to non-EU-nationals (citizens from the United Kingdom, United States, Russia, China, etc.) According to such regulations, in mutual consent divorces, it is possible to file for divorce in the courts of the habitual residence of one of the spouses. So, if you and your spouse want to divorce and one of you still lives in Spain, the divorce could take place here.

Divorce agreement and court confirmation.

There are many important documents that must be considered when filing a divorce claim in Spain: the marriage certificate, a certificate of residence registration, the Power of Attorney that the spouses must grant to legal professionals to present the claim on their behalf, etc. But the Divorce Agreement or Regulatory Agreement, undoubtedly stands out.

In this document, the spouses regulate their personal and economic relations. And the rules that will apply to their divorce. The divorce agreement must be submitted to court, dully signed by both, along with the divorce court claim. The court will them summon both to personally ratify/confirm that they agree with its content, that their signatures are authentic, etc. Is there a way to avoid the inconvenience of the spouse residing abroad, having to travel to Spain just to ratify the agreement?. Yes.

When one of the spouses lives outside of Spain, most courts accept that a special authorisation can be included in the POA granted by the spouses to their legal representatives, that allows the latter to complete the ratification on their behalf of the spouse living abroad. However, it is key that the special authorisation/clauses are carefully drafted by a solicitor expert in international divorces. Since any issues with its wording could potentially require you to come to Spain in the last minute, or the case would be dismissed.

Concluding Remarks

At White-Baos Lawyers, we specialize in international divorces. If you want to get divorced in Spain, by mutual agreement, but you or your spouse lives outside of Spain, do not hesitate to reach out to us for legal guidance. We’re here to review your situation and offer expert advice on the matter.

You may be interested in the following services and articles:

Validity of a prenuptial agreement in Spain. Waiver of alimony or compensation for domestic work. Divorce. Expert legal advice..

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

Divorce in Spain. Termination of the right of use of the family home for living with a new partner.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2024 – All Rights Reserved.

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Carlos Baos
Written by

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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