MATRIMONIAL LAW INTERNATIONAL INHERITANCE ACKNOWLEDGEMENT AND EXECUTION OF FOREIGN JUDICIAL RESOLUTIONS IN SPAIN INTERNATIONAL BUSINESS LAW
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.
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.
Frequently someone´s death can have effects in several countries because the deceased and their heirs may live in different nations and even their possessions may be in different countries as well.
Tax-wise the matter is extremely relevant, as the connection with Spain may cause tax obligations in our country, either because the heir is a fiscal resident in Spain or because there are assets located in our territory. .
There are bilateral Agreements in tax matter signed between Spain and other countries. However, the main predicament appears when it comes to determine the applicable law in that particular succession.
In Europe, a European regulation has classified the situation within the EU, allowing the testator to choose the applicable law in their succession if they have the nationality of that country. Nevertheless, it is a complicated rule that requires its application by professional experts.
Our Law Office can advise you on international inheritance, taking preventive action and also in the process of tax assessments and inherited goods, as well as in the judicial investigation of assets and rights in Spain or in the judicial or extra judicial procedures useful for the heirs.
Our Law Office has a wide experience in the execution and compliance in Spain of foreign resolutions ( from EU countries and also from other countries by the proceedings of exequatur).
Cross-border contractual agreements. Contracts with repercussion and/or effects in Spain.
We elaborate budgets of estimated fees.
Actions related to the European Arrest Warrant (EAW) and extradition processes (we work in Spanish and English with foreign citizens in this situation). The urgency of the lawyer’s intervention in these procedures is essential.
Procedure for the transfer of European citizens in prison to serve the sentence in their country of origin or residence.
International agreements have been signed with some countries outside European Union, for example: China, Morocco, Argentina, Bolivia, Mexico, Egypt, Saudi Arabia, United Arab Emirates, etc.
We elaborate budgets of estimated fees.
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