Articles 9.2 and 107 of the Spanish Civil Code specify that the applicable law is above all the law of the country whose two spouses are nationals. In the absence of a common nationality, the applicable law is the law of the state in which they both have their usual residence at the time of divorce. So what is the practical impact if you can hear a divorce application in one jurisdiction and not in another? Well, it depends on the jurisdictions we are comparing. For those interested, there is also a brief review of international divorce for British citizens. With regard to support or support obligations, English divorce legislation may be very different from Spanish divorce legislation, but what right does it apply? As a result, a couple consisting of a Spanish woman and a British man would enforce the Spanish divorce law if both reside in Spain. In the meantime, an Irish couple can file for divorce in Spain and apply Irish law or apply for Spanish law. This may be a critical issue, since the question of which laws apply in any jurisdiction in international divorce cases can have a significant impact on divorce. As the rules above show, a divorce application can be considered duly presented in more than one jurisdiction. The issue of divorce is becoming more and more common in Spain, where there are spouses from different countries. This raises the possibility that the laws of other states may become relevant to the situation. Therefore, while Spanish divorce legislation is applicable, it does not work in a vacuum and we must also take into account the laws of other states. For example, divorce law under English law may be very different from Spanish law with regard to support or support obligations. And while Spanish law could be expected to be enforced by a couple who were usually in Spain during their marriage, this is not always the case.
Click on the Spanish divorce set A package from TexasLawHelp Where between the spouses there is no common nationality, nor a country with common residence, the law of the state in which the couple had the last habit of residing. TexasLawHelp.org Combined Packets Home > Spanish divorce forms Set A It should be noted that the application of foreign laws before a Spanish court would increase the costs and complexity of any hearing, as the court would require filings on the current state of foreign law, which should be provided by experts of this foreign law and which, in turn, should be brought before and presented in court.