International Law
DIVORCE, SEPARATION AND ANNULMENT
International family relationships and situations are becoming increasingly common, and therefore so are breakdowns in relationships that feature some international component.
In these cases, it is essential to determine which courts have jurisdiction and which laws are applicable. And, according to the circumstances of each case, it is necessary to determine the matrimonial property regime and the applicable law in respect of maintenance obligations.
There are myriad international laws, and sometimes application of them is complex. It is therefore absolutely necessary to call on advice from a lawyer who is experienced in international family law and can conduct an in-depth study of international conventions, treaties and agreements between countries on different family matters to identify the best options in each particular case.
DIVORCE, SEPARATION AND ANNULMENT
International family relationships and situations are becoming increasingly common, and therefore so are breakdowns in relationships that feature some international component.
In these cases, it is essential to determine which courts have jurisdiction and which laws are applicable. And, according to the circumstances of each case, it is necessary to determine the matrimonial property regime and the applicable law in respect of maintenance obligations.
There are myriad international laws, and sometimes application of them is complex. It is therefore absolutely necessary to call on advice from a lawyer who is experienced in international family law and can conduct an in-depth study of international conventions, treaties and agreements between countries on different family matters to identify the best options in each particular case.
PARENTAL RESPONSIBILITY AND CHILD ABDUCTION
New social realities have favored a rise in relationships between people from different countries. This is why there are more and more cases in which child abductions take place and children are taken to other countries without the consent of both parents. In such cases, minors are subject to different jurisdictions.
If a parent takes a child out of their habitual residence without the consent of the other parent, this constitutes a violation of the latter’s rights, giving rise to legal proceedings to recover the child.
The situation and the way in which the law will handle the case vary greatly depending on whether the child has been taken to an EU Member State or to a non-EU country. The process is easier in the case of countries that have signed the Hague Convention of 1996 or apply the European Convention of 1980 and EU Regulation 2201/2003. Otherwise, it will be much more complex.
PARENTAL RESPONSIBILITY AND CHILD ABDUCTION
New social realities have favored a rise in relationships between people from different countries. This is why there are more and more cases in which child abductions take place and children are taken to other countries without the consent of both parents. In such cases, minors are subject to different jurisdictions.
If a parent takes a child out of their habitual residence without the consent of the other parent, this constitutes a violation of the latter’s rights, giving rise to legal proceedings to recover the child.
The situation and the way in which the law will handle the case vary greatly depending on whether the child has been taken to an EU Member State or to a non-EU country. The process is easier in the case of countries that have signed the Hague Convention of 1996 or apply the European Convention of 1980 and EU Regulation 2201/2003. Otherwise, it will be much more complex.
APPROVAL OF FOREIGN JUDGMENTS
Exequatur proceedings enable the implementation of rulings issued by foreign courts in Spain. This is the only way for these to have full effect here.
Rulings handed down in foreign countries are not always in themselves valid in Spain, in the same way as Spanish rulings are not always recognized outside our borders. This is why recognition of a judgment issued by a foreign court is required in order for it to be enforced; this is known as an exequatur.
The aim is for a foreign judgment to be recognized, and hence it is necessary to check whether the foreign ruling complies with legal requirements on validity and, therefore, whether it can be recognized and enforced in Spain.
One of the most common scenarios in which an exequatur is sought is to recognize divorce rulings in relation to a marriage entered into abroad when at least one of the parties is a Spanish citizen.
When one of the parties is Spanish and the divorce was conducted in a foreign country, an exequatur of the judgment from the foreign divorce proceedings must be presented to Spanish Civil Registry to record the divorce in it.
The same procedure is required when the aim is to compel a person resident in Spain to pay alimony stipulated in a judgment given in a foreign country. In this case, the ruling will only be enforceable if a Spanish court has acknowledged that it complies with requirements on validity.
APPROVAL OF FOREIGN JUDGMENTS
Exequatur proceedings enable the implementation of rulings issued by foreign courts in Spain. This is the only way for these to have full effect here.
Rulings handed down in foreign countries are not always in themselves valid in Spain, in the same way as Spanish rulings are not always recognized outside our borders. This is why recognition of a judgment issued by a foreign court is required in order for it to be enforced; this is known as an exequatur.
The aim is for a foreign judgment to be recognized, and hence it is necessary to check whether the foreign ruling complies with legal requirements on validity and, therefore, whether it can be recognized and enforced in Spain.
One of the most common scenarios in which an exequatur is sought is to recognize divorce rulings in relation to a marriage entered into abroad when at least one of the parties is a Spanish citizen.
When one of the parties is Spanish and the divorce was conducted in a foreign country, an exequatur of the judgment from the foreign divorce proceedings must be presented to Spanish Civil Registry to record the divorce in it.
The same procedure is required when the aim is to compel a person resident in Spain to pay alimony stipulated in a judgment given in a foreign country. In this case, the ruling will only be enforceable if a Spanish court has acknowledged that it complies with requirements on validity.
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DIVORCE LAWYER BARCELONA
