International Family Law

Zabalgo Abogados / International Family Law

International Family Law

International family law is the body of rules that resolves family disputes when a foreign element is present: spouses of different nationalities, residence in different countries, children relocated abroad or assets in more than one State. It is not a separate area of family law, but the set of rules that determines which court has jurisdiction, which law applies and whether a foreign judgment can be recognised and enforced.

The three questions it resolves

Every international family matter is structured around three questions, in this order:

International jurisdiction. Which country’s courts may hear the case. This depends on habitual residence, nationality and, in some cases, the parties’ agreement.
Applicable law. Which substantive law governs the merits. It is not always the law of the court hearing the case: a Spanish judge may have to apply foreign law.
Recognition and enforcement. Whether a judgment issued in one country produces effects in another, and through which procedure.

That the answer to the first and the second may differ is entirely normal — and is precisely what makes these proceedings require a clear strategy from the outset.

What areas it covers

Divorce and separation with an international element.
Custody, contact and relocation of children to another country.
International child abduction and return proceedings.
Cross-border maintenance claims and enforcement.
International matrimonial property regimes involving assets in several States.
International succession and wills executed abroad.
Parentage and paternity challenges with a foreign element.
Recognition of foreign judgments, whether by exequatur or automatic recognition.

The applicable rules

There is no single code. Three levels combine: EU Regulations, international conventions and, residually, Spanish domestic law. The principal instruments are Regulation (EU) 2019/1111 (Brussels II ter) for matrimonial matters and parental responsibility, Regulation (EU) 650/2012 for succession, Regulation (EU) 2016/1103 for matrimonial property regimes, and the Hague Convention of 25 October 1980 for child abduction.

Which instrument applies depends on the countries involved and the date of the proceedings — and that determination is the lawyer’s first task.

Why it matters from day one

Because choosing the wrong forum or ignoring which law governs the case can determine the outcome before the merits are even discussed. Filing in one country rather than another may change the regime for the family home, the calculation of maintenance or the distribution of an inheritance. And in child abduction cases, deadlines are counted in days. If your case has connections with more than one State, it is advisable to consult a specialist international family law firm before taking the first procedural step.