{"id":11629,"date":"2022-02-16T19:25:39","date_gmt":"2022-02-16T18:25:39","guid":{"rendered":"https:\/\/www.white-baos.com\/?p=11629"},"modified":"2022-02-16T19:27:04","modified_gmt":"2022-02-16T18:27:04","slug":"divorce-between-foreigners-in-spain-applicable-law","status":"publish","type":"post","link":"https:\/\/www.white-baos.com\/en\/divorce-between-foreigners-in-spain-applicable-law\/","title":{"rendered":"Divorce between foreigners in Spain. Applicable law to the divorce. Comments to the European Regulation. Legal advice"},"content":{"rendered":"\n

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When we talk about divorce between foreigners in Spain, there are many questions that our clients usually ask us about. We have already informed in previous articles about where we could file for divorce when there are nationals from different countries. Or, put another way, we tried to explain in front of which courts, of the different countries, we must file our claim for a divorce matter.<\/p>\n\n\n\n

In today’s article we are going to speak about the law that should be applied to the divorce of foreigners in Spain.<\/p>\n\n\n\n

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What does applicable law mean?<\/strong><\/h2>\n\n\n\n

When we speak of the applicable law to a divorce, we are referring to the laws that will govern the problem in question. When there is no foreign element, that is, when the person’s ties are only with one country, the law of that country applies, that is clear.<\/p>\n\n\n\n

Sometimes, however, certain matters are connected with more than one country.<\/p>\n\n\n\n

For example, there may be a connection with various countries because a person wants to make a Will in a country of which he is not a national. Or because two people are married and are nationals of different countries, etc. In these situations, as happens in divorces that are started in Spain between foreigners, we will have to know if the law of one country or another, applies.<\/p>\n\n\n\n

In many cases it is not an easy task to determine and requires a detailed study.<\/p>\n\n\n\n

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European regulation<\/u><\/strong><\/h2>\n\n\n\n

Regarding divorce between foreigners, what law should be applied?<\/p>\n\n\n\n

And it is that, although Spanish judges may have the competence to resolve divorces between nationals of different countries; Spanish law will not automatically apply as the law that should govern the divorce.<\/p>\n\n\n\n

To find out which law must govern our divorce, we will have to go to Regulation (EU) No 1259\/2010, for implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.<\/a><\/p>\n\n\n\n

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Applicable law in divorce between nationals of different countries<\/u><\/strong><\/h2>\n\n\n\n

It must be emphasised that, in relation to the law to apply to divorce, the freedom of the parties governs. This means that the spouses are given the possibility to choose which law is going to apply to their divorce, as long as it is one of the following laws:<\/p>\n\n\n\n