Family and nationality
In short
Having married in another country, or the spouses holding another nationality, does not prevent you from divorcing in Spain. The deciding factor is usually habitual residence:
Moving a child’s residence to another country requires the agreement of both parents or a court’s authorisation. When a child is wrongfully removed or retained, the 1980 Hague Convention on international child abduction allows you to request the child’s immediate return.
If there is a complaint or open criminal proceedings, the divorce and the measures concerning the children are dealt with by the Violence against Women Section (Sección de Violencia sobre la Mujer), and mediation is prohibited. We coordinate both sets of proceedings so that the protection measures are also reflected in the family case and, if necessary, can be enforced in another European Union Member State.
Yes, if the Spanish courts have jurisdiction, usually because one or both spouses are habitually resident in Spain. A foreign marriage may first need to be registered with the Spanish Civil Registry (Registro Civil).
The law you have validly chosen or, if no choice has been made, the law indicated by the Rome III Regulation, which gives priority to the law of the spouses’ common habitual residence.
Yes. Celeste and her team assist clients in Spanish, English, French, German, Dutch, Russian, Ukrainian, Romanian, Albanian, Arabic and Chinese.
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