Where to file for divorce in Spain

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Presentation Description

The location where a divorce is filed can have a dramatic impact on the outcome of the proceedings - being an unintended consequence of European legislation.

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Presentation Transcript

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Divorce in Spain

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Spanish Divorce Law In 2009 , the latest year for which statistics are available, more than 2400 divorces in Spain involved at least one spouse who was a non-Spanish EU citizen.

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As the law relating to divorce settlements varies as between different jurisdictions it isn't surprising that the issue of legal jurisdiction has become more important in divorce cases. Taking Spain and England & Wales as examples:

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Spanish courts consider more assets accumulated during the course of marriage to be 'private' and not to be shared upon a divorce

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In England and Wales maintenance payments awarded tend to be open-ended with the objective being to put the couple in the place they would be if there had been no dissolution of the marriage whereas in Spain the objective is to return the spouses to the position they were in before the marriage took place.

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Disclosure requirements: In England and Wales there is a “full and frank” financial disclosure requirement that unless respected by each party can result in prosecution for perjury. In Spain there would appear to be less stringent enforcement of the requirement

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European Rules for Determining Jurisdiction European Regulation 2201/2003 sets out the rules that determine which country has jurisdiction. This is stated to be the country where:

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European Rules for Determining Jurisdiction the spouses are habitually resident, or the spouses were last habitually resident, and one still resides there, or the respondent is habitually resident, or in the event of a joint application, either of the spouses is habitually resident, or

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European Rules for Determining Jurisdiction the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the UK and Ireland, has his or her "domicile" there, or Both spouses are domiciled

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European Rules for Determining Jurisdiction As can be seen from these rules a divorce petition may be considered to be filed correctly in more than one jurisdiction. Where a petition for divorce is petitioned in more than one country then the 'first-past-the-post' principle applies which has of course permitted the practice of “forum shopping” to flourish.

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European Rules for Determining Jurisdiction Forum shopping is where a spouse will seek to file for divorce in the jurisdiction that offers them more advantageous laws than their partner.

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MyAdvocate Spain helps English-speakers who are dealing with divorce related issues by providing access to regulated legal experts with extra safeguards at no additional cost.

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myAdvocate Spain has negotiated on your behalf - at no additional cost - unique service agreements with local legal experts in Spain which: provide you with up-front, guaranteed pricing for legal services in Spain reduce risk through our insistence that each lawyer has professional indemnity insurance cover

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myAdvocate Spain has negotiated on your behalf - at no additional cost - unique service agreements with local legal experts in Spain which: ensure advice only from regulated professionals - with unrivalled coverage across mainland Spain and the islands keep you better informed by using English-speaking lawyers who have agreed to timely client updates

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Please find more information at: www.myadvocatespain.com info@myadvocatespain.com UK: +44 203 239 9578 ESP: +34 931 845 073

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