Expert lawyers in International Family Law

BCVLex advises and represents you in international divorces, separation processes and other international family law procedures.

If you want to divorce or separate from a Spanish or French citizen, while you are French or Spanish, there is a path that you should know. Divorce procedures between Spanish and French community citizens are perfectly possible and are properly regulated. Also for two French citizens residing in Spain or two Spaniards residing in France.

As lawyers specialized in divorces and separations between Spanish and French, the first thing you should know is that the place to file the claim is not governed by French or Spanish National Law. But by community regulations. As a law firm specialized in international divorces we know that a cross-border separation or divorce is confusing.

There is no single rule, which is good, but not easy. Spanish, French and European regulations are intermingled. To which must be added technical complexities such as the translation of documents into the corresponding language, fiscal aspects and extinction of the community of property, and not least some criteria that affect minors such as the validation of psychological reports and the jurisprudential criteria of the different countries.

A priori, the most important thing is whether there are children in relation to custody and maintenance obligation, as well as obligations between the couple such as compensatory pension. At this point, each state has its peculiar vision of the family.

Secondarily but also important is the location of assets and assets, which can be obscure in the negotiations depending on the assets, but legally it is not so problematic or sensitive to interpretations.

To understand it better, we must not lose sight of a series of rules.

International Divorces: Application of divorce jurisdiction between Spanish and French that correspond to Spain or competent court

Regarding the existing competition, there are several options to opt for:

• • Habitual joint residence in Spain at the time of the claim.
  • That the plaintiff be Spanish and reside in Spain for at least the last 6 months of filing the claim.
  • That they both be Spanish, even if they got married in France.
  • Or that, being one of them from different countries, both agree to choose Spain.
  • On the other, if they have not lived together formally for a long time, or because there was a separation prior to the divorce application and therefore, there is no longer residence and more than one year of cohabitation has elapsed , it will be based on the nationality of each one of them.
  • Since 2003 even if it is by mutual agreement, it will not be possible to appear in Spain if the domicile is in another country. Although, if both agree they can choose the applicable Law.

Automatic validity of all international divorce decrees between France and Spain

Divorce decrees obtained in a country of the European Union are directly applicable in other states without the need for processing.

International Divorces France Spain: Issues related to minor children

When there are minors, the Laws of the habitual residence of the minors will be followed. In the complex case of custody, the public prosecutor’s office or its French counterpart will intervene, taking into consideration:

• The type of relationship between the spouses.
• The age of the minors.
• Number of children.
• Availability of both parents.
• Closeness to residences.
• Ability to fulfill parent-child obligations.

Legal framework of divorce proceedings between French and Spanish

1. Brussels II bis or Council Regulation CE/2201/2003 of November 27, 2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters, and parental responsibility . Regulates the dissolution of community property, as well as custody measures.
2. European Regulation EU No. 1259/2010 regulating cross-border divorces between European citizens and allowing international couples to agree in advance on the applicable law to their divorce or legal separation . Applies to: Austria, Belgium, Bulgaria, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Portugal, Romania and Slovenia.
3. Regulation (CE) no. . What does the compensatory pension understand as part of the alimony pension . And it also understands that the alimony will be regulated according to the habitual residence of the creditor.
4. Articles 22.2 and 3 of the Organic Law of the Judiciary for any gap not contemplated in Brussels II.

There is therefore some discretion to choose the applicable Law. Not in terms of choosing a court, but in the laws applicable to the substance of the agreement. That is, the divorce will take place in the Court indicated by Brussels II, but the parties can opt for Spanish or French Law. (Unless it affects public order exceptions, how can they be issues of gender violence or child abduction that are criminal matters and therefore reserved for Spain, as well as being significantly different). On the other hand, Brussels II bis does not apply to issues such as the legal capacity of natural persons; the existence, validity or recognition of a marriage; marriage annulment; the name and surname of the spouses; the consequences of marriage for property purposes; parental responsibility; maintenance obligations and trusts and estates.

What happens in practice is that one of the parties can file the lawsuit in the country whose legislation best suits their interests. Which may give rise to a conflict of jurisdiction. Well, the first court before which the claim that meets the aforementioned conditions is filed is the competent one to rule on the divorce.

Cases worked as lawyers in cross-border divorces between France and Spain

• Both spouses are Spanish and the marriage was contracted in France.

• One of the spouses is Spanish, the marriage was contracted in France or another country with the other French spouse. For example: Two Frenchmen married in France. They reside in Spain and have assets. They may know the Spanish courts, but the legislation will be French.

• One of the spouses is a foreigner and the other resides in Spain being French or Spanish.
• Both spouses are of different nationalities and the marriage was contracted in Spain, and they currently do not reside in France, but in Spain.

• Both are French with residence in Spain. For example: Two Frenchmen married in France, with residence and minor children in Spain. Since the minor’s residence is Spain, the Minor’s Residence Law will be applied above the preference of the parents. So that Spanish Law will govern.
• Getting separated in France and getting divorced in Spain: For example, it may happen that the separation starts in one country and the divorce starts in another. In these cases there is no forum continuity. The initial rules apply again.

Other Franco-Spanish International Family Law services

If you are in a situation of possible divorce or separation, as well as in the event of a breach of custody and custody regime and you reside in France or Spain, send us your query. We are one of the few law firms specialized in family law that operates simultaneously in both countries. We can also help you with issues such as:

• Exequatur or recognition of sentences between both countries.
• Divorces, separations and international annulments.
• Recognition of divorces pronounced abroad.
• Cross-border claim for alimony pensions.
• Right of visits.
• International child abduction and return of children.
• International adoption.
• Marriage and Domestic Partnerships.
• Equity planning of the joint venture.
• Wills and aspects of testamentary succession, as well as management of the declaration of heirs in cases of death.