International Family
Families do not always live, work or develop their assets in a single country. It is increasingly common for a couple to marry in one State, reside for years in another, have children with dual nationality or divide their assets among several jurisdictions. When a separation, a dispute over children, a non-payment of maintenance or the need to enforce a foreign judgment arises, the problem is no longer purely internal.
International Family Law is based precisely on this reality. Before deciding what to do, it is usually necessary to answer preliminary questions: which court can hear the case, what legislation should be applied, where a child is considered to habitually reside or how a decision issued outside Spain can be recognized.
At IN DIEM we advise Spaniards living abroad, foreigners living in Spain, binational couples and families with personal or patrimonial ties in several States.
What Makes a Family International Matter Different
It is not enough for one of the parties to have another nationality for an international problem to automatically exist. What is relevant is that there is a real connection with more than one country and that this connection can influence the legal solution.
This can happen when:
- The spouses live in different countries
- The family has recently moved abroad
- The children reside with one of the parents outside Spain
- It is intended to change the residence of a minor to another country
- There is a divorce or custody decree issued abroad
- International maintenance must be collected in another State
- Matrimonial assets are divided between several jurisdictions
Jurisdiction in family matters with an international element
One of the most frequent mistakes is to assume that the Spanish courts will have jurisdiction because one of the members of the family is Spanish. This is not always the case.
Jurisdiction may depend on the habitual residence of the spouses, the place where the child lives, the nationality of the parties or the existence of a previous proceeding in another State.
In addition, the same family crisis may give rise to different rules depending on the subject matter. It may be that a court has jurisdiction for international divorce and that child custody must be considered according to other criteria.
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International Divorce
An international divorce may arise when the spouses have different nationalities, live in different countries, were married abroad or have developed their family life in more than one State.
Before filing an application, it is advisable to analyse where the proceedings can be conducted, what law may be applicable and whether there is a risk that the other spouse will initiate proceedings in another country.
International Child Custody
International child custody becomes particularly complex when the parents live in different States. In these cases, conflicts may arise over residence, visits, holidays, schooling, documentation, travel or the sharing of travel expenses.
The child’s habitual residence is usually of particular relevance in determining which courts may intervene. It should not be automatically confused with nationality or registration.
International transfer and abduction of children
When one parent wants to move to another country with the children, it may be necessary to obtain the consent of the other parent or court authorisation.
The situation changes if the child has already been taken abroad without consent or does not return after an authorized trip. In these cases, there may be an international child abduction and specific return procedures may apply.
International alimony
The fact that the parent obliged to pay lives outside Spain does not automatically eliminate the obligation. It may be necessary to claim, recognise or enforce alimony abroad.
To design the strategy, it is advisable to know where the obligor resides, if he or she has assets in Spain, what resolution exists and what international cooperation mechanisms can be used.
Foreign divorce, custody, and alimony judgments
A judgment issued in another country may need to produce effects in Spain. It can be a divorce decree, custody, visitation, parental responsibility or maintenance.
Depending on the country of origin and the subject matter, it may be necessary to resort to recognition and enforcement mechanisms or, where appropriate, to an exequatur procedure for a foreign judgment.
International matrimonial property regime
Where the couple has lived in several countries or owns property in different jurisdictions, it may be necessary to determine which international matrimonial property regime is applicable.
The liquidation can affect homes, bank accounts, companies, investments, corporate shares, vehicles, debts or cryptoassets located in different States.
International marriage agreements
Couples with international ties can prevent some of these problems through international marriage agreements or property agreements adapted to their situation.
Before signing them, it is advisable to assess the nationality of the parties, their current residence, possible future changes of country, the existing assets and the effectiveness that the agreement could have in other jurisdictions.
Spaniards abroad and foreigners residing in Spain
Spaniards living abroad may still need legal advice in Spain to process a divorce, resolve issues about children, enforce a judgment or regulate assets located here.
In the same way, a foreign couple residing in Spain may have access to our courts in certain family matters. Nationality is not the only relevant criterion: residence and specific circumstances can be decisive.
International Family Lawyers
At IN DIEM we provide legal advice on International Family Law when the family conflict has connections with Spain and other countries.
Our intervention can include:
- Analysis of international judicial competence
- Determination of applicable law
- International divorces
- International custody
- Removal of minors abroad
- International child abduction
- Inter-country visitation
- International maintenance claim
- Recognition and enforcement of foreign judgments
- International matrimonial property regime
- Heritage located in several countries
- International marriage agreements
Each family presents a different reality. Before initiating a procedure, it is advisable to identify which countries are linked to the conflict, which court can intervene, what legislation is applicable and where the resolution that is finally obtained will have to take effect.
This initial analysis allows the issue to be approached with a more complete vision and to avoid decisions that may solve the problem in one country, but generate new difficulties in another.
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Frequently Asked Questions International Legal
Answers to frequently asked questions about international legal services, cross-border operations, corporate law, and global legal advisory.
What is considered an International Family matter?
An International Family Law case exists when the family conflict has a relevant connection with more than one country, for example because the spouses have different nationalities, live in different States, the children reside abroad or there are assets and judgments in several jurisdictions.
Can I get divorced in Spain if I live in another country?
It may be possible, but it depends on the specific circumstances. The spouses’ habitual residence, nationality, family location and applicable rules of international jurisdiction should be analysed.
What law applies in an international divorce?
Spanish law does not always apply automatically. In certain cases, there may be several laws connected with marriage and the rules of law applicable to international divorce should be revised.
Who decides custody if the parents live in different countries?
Jurisdiction usually depends in particular on the child’s habitual residence, although all the circumstances of the case and the applicable international regulations must be analysed.
Can I move abroad with my child without the consent of the other parent?
Not always. A change of country can affect decisions on parental responsibility. If there is no agreement between the parents, it may be necessary to seek judicial authorisation before the international removal of the child can be carried out.
What do I do if the other parent takes my child to another country?
International child abduction may occur if the removal or retention occurs without the required consent. These matters require particularly rapid action and may trigger international return procedures.
Can I claim alimony if the other parent lives outside Spain?
Yes. There are mechanisms to claim and enforce international maintenance when the creditor and the obligor reside in different countries. The specific route will depend on the State involved and the existing decision.
Does a foreign divorce decree have effects in Spain?
It may have them, but the form of recognition depends on the country where it was issued and the type of decision. In some cases recognition is relatively straightforward and in others an exequatur procedure may be necessary.
What happens to the assets if the couple has assets in several countries?
It must be determined which matrimonial property regime is applicable and how it affects the different assets. Registry, tax or corporate regulations of the country where each asset is located may also be involved.
When should you go to an International Family lawyer?
It is advisable to do so before initiating proceedings when there are children, spouses, assets, judgments or proceedings linked to several countries. A preliminary analysis can help to determine which court has jurisdiction, which law applies and where the future decision will have to take effect.
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Does your family situation affect more than one country?
When a divorce, custody, pension or judgment are connected to different jurisdictions, it is advisable to analyse from the outset which court can intervene and which regulations are applicable. At IN DIEM we study the case and propose the appropriate strategy to protect your interests in Spain and internationally.
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