International Divorce

A divorce does notbegin with a form.It begins withjurisdiction.

When a marriage is connected with more than one country, divorce ceases to be a purely national matter. The spouses’ nationality is only one of the elements we must analyse.

Habitual residence, the last habitual residence of the spouses, the children’s residence, the place where the marriage was celebrated, the existence of marital agreements (capitulaciones matrimoniales), the location of assets and any proceedings begun in another jurisdiction may also be decisive. Before we act, we map the connections.

Jurisdiction · Applicable Law · Recognition · Enforcement

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A negotiation meeting: two parties with their lawyers on either side of the table, each with their own file

The connections

Nationality is onlyone piece of the puzzle.

Two people may share the same nationality and yet be in entirely different legal situations depending on where they have established their habitual residence.

Equally, two people of different nationalities may build their family life in Spain and give rise to a different legal scenario.

That is why our analysis begins with questions such as:

Where do you currently live?
Where have you habitually lived?
Where was your last habitual residence together?
Where do your children habitually live?
Where was the marriage celebrated?
Where are the family’s assets?
Is there a marital agreement?
Have proceedings already been started in another State?

We do not only want to know where you are from. We want to know where your life is legally connected.

The legal map

The country map determinesthe legal map.

Once the countries connected with the situation have been identified, we examine which national, European or international rules may apply.

Depending on the States involved, different private international law instruments may come into play in relation to:

jurisdiction
applicable law
parental responsibility
maintenance
recognition
enforcement
and other related matters

The same family can create different legal questions in different countries.

That is why we do not apply a standard solution.

Files from two countries on the same table: different format, different paper, different binding

Two questions

Jurisdiction ≠applicable law.

They are two different questions.

Jurisdiction

Which court can hear the case? We determine which courts may have jurisdiction in light of the international connections of the marriage and the family.

Applicable law

Which law governs the matter? The fact that a court can hear proceedings does not necessarily mean that every issue must be decided solely under the law of the country where the claim is filed.

We analyse both questions separately.

The children

The children maychange the analysis.

Where there are children, the situation takes on an additional dimension.

The children’s habitual residence may be especially relevant in determining jurisdiction and the rules applicable to matters of parental responsibility.

Among other things, we analyse:

where they live
where they go to school
where their daily life takes place
where their family and social environment is
and any circumstance relevant to determining their habitual residence

This may affect:

custody
parental responsibility
contact (rights of access)
international relocation
travel
maintenance
and the recognition and enforcement of the corresponding decisions

The children’s connection to a country matters. See Children & Parental Responsibility →

The empty chair at the head of the table, the bare stone before it and the two parties’ files on either side

The order of eventsmatters.

In international matters, the timing of any step may be legally significant.

Before starting proceedings, we analyse:

which courts could have jurisdiction

whether the courts of more than one State could hear the case

whether proceedings have already been started in another State

what consequences filing first in a particular jurisdiction may have

which international rules may come into play

and how that choice might later affect the recognition and enforcement of the resulting decision

Filing first is not always the same as filing best. That is why we consider procedural strategy before filing.

The room at the end of the day: chairs pushed back and the two files closed on the table

The hidden question

What happensafter the divorce?

A decision does not always bring the international dimension of the matter to an end.

It may be necessary to consider:

Will it be recognised in another country?
Can it be enforced there?
How will the financial obligations work in practice?
What will happen with the children if one parent lives in another State?
What happens to a home located outside Spain?
How might it affect a family company or investment?

A good strategy looks beyond the judgment. See Cross-Border Judgments →

Family and wealth

When family meets wealth.

A divorce can affect wealth built up over many years.

It may include:

real estate
companies
participaciones (shareholdings)
bank accounts
investments
family businesses
assets located in different States

That is why, where the case requires it, we coordinate the family, real estate, corporate, tax and immigration analysis.

The family case may have a balance sheet.

The table seen from above: two sets of documents facing each other and the empty strip between them

Before acting

The legal questions.

Before recommending a strategy, we seek to answer:

Where can the case be heard?

Which law may apply?

Where are the children habitually resident?

Where is the family wealth?

Have proceedings begun in another country?

How will the decision be recognised?

How will it be enforced?

What happens after the divorce?

Our approach

01MapWe build the family’s international map.
02IdentifyWe identify the potentially relevant jurisdictions.
03AnalyseWe examine jurisdiction, applicable law and recognition.
04AnticipateWe assess the children, the assets and what comes afterwards.
05StrategyWe determine where and how to act.
06CoordinateWe integrate the different areas of law involved.
07RepresentWe defend your interests throughout the proceedings.

Why Garzalex

Nationality is a fact. Residence is a connection. Children create another. Assets create another. We connect them all.

At Garzalex we do not see an international divorce as an isolated procedure. We understand that behind it there may be a family, wealth, several countries and different legal systems. Our role is to identify those connections before decisions are taken and to build a legal strategy consistent with all of them.

Important decisions should be discussed in the language in which they are made.

ES·EN·DE·RU

Advising an international client takes more than translation: it takes context.

The cleared table with a single closed file at its centre, on the line that no one crossed

A private and confidential assessment

Before taking the first step, understand the legal map.

International family matters depend on the specific circumstances of each case.

Jurisdiction, applicable law and the consequences of proceedings may vary according to the countries involved, the habitual residences, the children’s situation, any existing agreements, the assets and any proceedings already under way.