Is a branch of law that deals with regulating the legal relationships and situations involving individuals of different nationalities in family contexts. Its importance lies in addressing complex situations that arise when family members are subject to different legal systems due to their nationality, residence, or geographical location.
A detailed explanation of the main areas of application of this discipline that we handle in our firm is provided below:
International Divorce and Separation:
International divorce and separation refer to situations where a couple, whose members have different nationalities or reside in different countries, decides to end their marriage or de facto union.
This introduces additional complexities in terms of jurisdiction, applicable law, and recognition of legal decisions.
The first point to analyze, which often generates much confusion, is determining which jurisdiction (i.e., which country) has the authority to handle the divorce or separation process. It may depend on factors such as the habitual residence of the spouses, nationality, the spouses’ choice, or prenuptial agreements.
Some international conventions, such as the Brussels II bis Regulation in the European Union or the Hague Convention on the Law Applicable to Matrimonial Property Regimes, can help determine which country has jurisdiction in cases of international divorce.
Following due process, if the divorce is granted, the judgment must be executed according to the laws of the country where it was issued. However, it is essential that the divorce judgment be recognized and executed in other countries, especially if one of the parties plans to move or has assets elsewhere.
In cases of international couples, prenuptial or postnuptial agreements can be useful tools to establish the applicable law and jurisdiction in the event of divorce.
International Child Abduction:
International child abduction refers to the act of moving a minor from their habitual residence country to another country without the consent of the other parent or without a valid court decision.
This can occur in situations of conflict between parents, especially in cases of separation or divorce.
Such actions have irreparable and immediate consequences, such as destabilizing the minor’s life, violating the custody rights of the other parent, as well as creating a legal and jurisdictional conflict involving different legal systems and jurisdictions.
However, International Conventions, such as the Convention of October 25, 1980, on the Civil Aspects of International Child Abduction, of which Spain is a party, provide a procedure for the immediate return of the minor to be activated by the other parent.
The main objective is to protect the rights and well-being of the minor by facilitating their prompt return to their habitual residence.
Recognition of Foreign Judgments
It is the legal process by which a country recognizes and allows a judgment issued by a foreign court to have effect and be executed in its territory. This process is essential to ensure the effectiveness and compliance of judicial decisions at the international level.
For a foreign judgment to be recognized and enforced in another country, certain requirements and procedures established by the legislation of that country must generally be met, such as not being contrary to public policy. These requirements may vary depending on the jurisdiction and the type of judgment in question.
Actions of Parentage or Challenge of Paternity
Parentage actions and challenges to paternity are legal proceedings carried out to determine or challenge the relationship of kinship between an individual and their alleged biological father. These proceedings can have significant legal and emotional implications for all parties involved.
- Parentage Action: It is a legal process in which a person seeks to officially establish the paternity of an individual with a child. It is usually filed when the biological father has not voluntarily recognized their paternity or when there are doubts about the father’s identity.
- Paternity Challenge Action: It is a legal process in which a person questions the legally established paternity of an individual with a child. This can happen if new evidence suggests that the legal father is not the biological father.
International Successions
International successions refer to the process of distributing assets and assets of a deceased person when there are connections with more than one country. This can occur when the deceased had properties or investments in different countries or when heirs reside in different countries.
In cases of international successions, it is crucial to determine which laws will apply to the distribution of assets according to Regulation (EU) 650/2012 of the European Parliament and of the Council of July 4, 2012. This may depend on various factors, including the nationality of the deceased, the location of the assets, and the internal laws of the involved countries.
If the deceased left a will, it is important to determine if it is valid and recognized in the countries involved. Some countries may have specific requirements for the validity of a will.
In conclusion, in international family procedures, there is always an added complexity in determining jurisdiction and applicable law, which can even be crucial in the strategy to be followed by the parties. Therefore, it is vital to seek specialized legal advice.