» MATRIMONIAL CRISIS
Nowadays it is habitual the marriage or the non-marital partnership between spouses from different nationalities, sometimes with children with a third nationality and residence, especially before the emigration and immigration of the last years.
Our Law Office has been assisting professionally these international couples in case of matrimonial crisis for many years, as human relations do not have borders nor nationality.
The main issue will be to delimit the applicable law to solve the matrimonial crisis. On the European level, this matter is regulated on the Board Regulations about judicial cooperation in the matrimonial area.
In addition to the European regulations, our procedural legislation foresees the competence of the Spanish Court in a series of cases based on criteria of residence and/or nationality in Spain.
In these cases it is also necessary to study the existence of international agreements on this matter signed by Spain, as The Hague Agreement of 1973 about the applicable law in relation to maintenance obligations.
In some of these procedures, one of the spouses can invoke as applicable the law of the common nationality of both spouses, but the foreign Law has to be proved, if not the Spanish law will be applied.
Conflicts can be so varied as well as the different international couples and their circumstances.
» ECONOMIC-MATRIMONIAL RULES IN THE EU AND ECONOMIC EFFECTS IN COMMON-LAW PARTNERS
The Rule 2016/1103 of the EU has dealt with this issue to determine the applicable law to the economic-matrimonial rules, the competent Court and process the acknowledgement and the execution of foreign legal ruling on this matter.
This Rule came into force on the 29 January 2019 and it offers solutions in the European Union to these serious conflicts in the economic-matrimonial area.