“Can I get divorced in Spain if my spouse lives abroad and we got married in another country?.” In our office we receive this question very often, from citizens of different nationalities who wish to get divorced in our country. In this week’s article, we answer this and other questions related to international divorces and divorce of foreigners in Spain.
Jurisdiction in matrimonial matters. European Regulation (EU) 2019/1111.
You and your spouse want to divorce, but one of you no longer resides in Spain. Can you get divorced in Spain?. In principle, yes. European Regulation of 25 June 2019 regulates the court jurisdiction in cases of divorce, separation or marriage annulment. In article 3 it states that, in joint divorce claims (i.e. divorces by mutual consent); the divorce may be brought before the courts of the “habitual residence of one of the spouses”.
Therefore, if you or your spouse have your habitual residence in Spain, you could initiate the divorce proceedings in our country. It does not matter that one of you resides abroad. Or if you got married in another country (United Kingdom, France, Germany, etc.). However, you must grant a Power of Attorney (POA) in favour of a Spanish solicitor and procurator (a type of court cleck) before a Notary Public or at the Spanish Consulate/Embassy in your country.
The Regulatory Agreement and the ratification procedure.
In order to divorce by mutual agreement in Spain, it is compulsory to present, attached to the court claim, a regulatory agreement signed by both spouses. The agreement is a kind of ‘contract’ that regulates the conditions and rules that will govern the economic and parental relations, etc. of the spouses.
When the court admits the court claim, the spouses will be called upon to ratify the agreement in person. They must confirm that the signatures on the document are theirs, that they agree with its content, etc. Is there any way to avoid the spouse who is abroad having to travel to Spain in person to ratify the regulatory agreement in court?.
The special Power of Attorney with powers to ratify the Regulatory Agreement.
Nowadays, the majority of the courts accept that the procurator can ratify the regulatory agreement on behalf of the spouses. This avoids long journeys to Spain by plane, etc. However, it will be necessary for you to grant a special power of attorney with powers to ratify. The POA must be drafted in a specific way and must be accompanied by the regulatory agreement signed by both spouses. Otherwise, it will not be valid. Our office can assist you in the preparation of this key document.
Conclusions.
If you and your spouse want to get divorced in Spain, our expert lawyers in Family Law can assist you. We will explain you all the necessary documentation needed to get divorced. We will prepare the regulatory agreement and the special POA to complete the divorce process on your behalf. And we will advise you throughout the whole process. Do not hesitate to contact us for more information about divorce of foreigners in Spain.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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