An international divorce<\/strong> is the procedure for dissolving a marriage that includes a relevant foreign element. This may occur, for example, when the spouses have different nationalities, live in different countries, married abroad or have assets located in more than one State.<\/p>\n In these cases, before starting the divorce proceedings, two essential preliminary questions must be determined: which court has jurisdiction<\/strong> to hear the case and which law is applicable<\/strong> to the dissolution of the marriage and its effects.<\/p>\n <\/p>\n <\/p>\n In Spain, jurisdiction to hear an international divorce<\/strong> is governed mainly by Regulation (EU) 2019\/1111<\/strong>, also known as Brussels II ter, when it applies within the European Union.<\/p>\n As a general rule, the courts of the Member State in whose territory any of the following connecting factors is located may have jurisdiction:<\/p>\n When the spouses do not live in the European Union, several nationalities are involved or there are connections with third States, jurisdiction must be analysed on a case-by-case basis.<\/p>\n <\/p>\n The fact that a divorce is processed before Spanish courts does not necessarily mean that Spanish law will always apply. In divorces with an international element, the applicable law must be determined specifically.<\/p>\n In the European Union, Regulation (EU) 1259\/2010<\/strong>, known as the Rome III Regulation, allows spouses to choose by mutual agreement the law applicable to divorce or legal separation, within certain options linked to their habitual residence, nationality or the court hearing the case.<\/p>\n If there is no agreement between the spouses, the Regulation establishes criteria to determine the applicable law according to the marriage\u2019s links with the different States involved.<\/p>\n <\/p>\n When the marriage has minor children, an international divorce<\/strong> can become considerably more complex. Matters relating to parental responsibility, child custody, visitation arrangements or the child\u2019s residence may be governed by rules other than those applicable to the divorce itself.<\/p>\n For this reason, in these cases it is not enough to determine which court may declare the divorce: it is also necessary to analyse which authority has jurisdiction to decide on the children and which rules apply to each measure.<\/p>\n <\/p>\n If the divorce has been processed abroad and one of the spouses needs it to produce effects in Spain \u2014for example, to register it with the Civil Registry, marry again or enforce certain financial consequences\u2014 it may be necessary to recognise that foreign decision.<\/p>\n In some cases, automatic or simplified recognition mechanisms apply, especially within the European Union. In others, it may be necessary to apply for an exequatur<\/strong>, a procedure that allows a decision issued by a foreign court to be recognised in Spain.<\/p>\n <\/p>\n International divorce<\/strong> is one of the most complex areas of Family Law. The choice of court, the applicable law, the procedural strategy and coordination with other countries can have very different consequences for each spouse.<\/p>\n An error in determining these elements may affect the validity of the proceedings, the effectiveness of the judgment or the protection of the parties\u2019 personal, family and financial interests.<\/p>\n <\/p>\n <\/p>\nContents<\/h2>\n
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International jurisdiction<\/h2>\n
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Law applicable to international divorce<\/h2>\n
International divorce and minor children<\/h2>\n
Recognition of a foreign divorce in Spain<\/h2>\n
The importance of specialised legal advice<\/h2>\n
Related links<\/h2>\n
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Legal sources and related resources<\/h2>\n
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