The international alimony claim in Spain can be complicated. In an increasingly globalized world, personal and family relationships can transcend national borders. In the context of a divorce, one of the most delicate issues that can arise is the international alimony claim in Spain. It refers to the request for maintenance or alimony in situations where one spouse resides abroad. Today, we will discuss the international alimony claim in Spain.
In this regard, A&O Lawyers, our law firm specializing in Family Law in Marbella, can provide assistance and advice in such matters. We will address the key aspects of the international alimony claim in Spain in divorce cases from a legal perspective and explore how A&O Lawyers can be essential in this process.
When dealing with an international couple deciding to divorce, it is crucial to determine which court has jurisdiction to handle the case and the international alimony claim in Spain. In Spain, jurisdiction in divorce cases is primarily governed by Council Regulation (EC) No 2201/2003, known as the “Brussels II bis Regulation” (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02003R2201-20050301). This regulation establishes clear rules on jurisdiction in divorce matters and the recognition and enforcement of judicial decisions in family matters in the European Union.
According to the Brussels II bis Regulation, jurisdiction is primarily determined based on the habitual residence of the spouses. It can also be determined by the last place of residence if one of them still resides there. However, in cases of international divorce, there are exceptions and additional rules that may apply. Therefore, A&O Lawyers, with its expertise in Family Law in Marbella, can provide the necessary guidance.
One of the most critical issues in cases of international divorce is the claim for alimony, especially when one of the spouses resides in Spain. Alimony, also known as spousal support, refers to payments that one spouse can request from the other to cover expenses related to the support of children or even the spouse who lacks sufficient resources to maintain their pre-divorce standard of living.
In Spain, the legislation regulating international alimony can be found in Organic Law 8/2015, of July 22, amending the child and adolescent protection system. This law incorporates guidelines established in international treaties, such as the 1956 New York Convention on the Recovery of Maintenance Abroad, facilitating the claim for alimony when one of the spouses resides in a foreign country, and A&O Lawyers can guide you through this process.
The process of claiming international alimony in Spain involves several steps, which may vary depending on the specific jurisdiction and circumstances of the case. The following are the general steps to follow:
1. Determine Jurisdiction: As mentioned earlier, it is crucial to determine which court has jurisdiction over the case. This may require legal advice and filing the application with the appropriate court, and this is where A&O Lawyers can provide guidance.
2. Alimony Application: The spouse in need of alimony must file an application with the competent court in Spain. This application should include detailed information about the financial situation of both spouses and the need for alimony.
3. Notification to the Spouse Abroad: If the spouse obligated to pay alimony resides in another country, it is necessary to notify them about the application and the legal process. This is typically done through international judicial cooperation or reciprocity treaties between countries, where A&O Lawyers can facilitate this communication.
4. Evaluation of the Application: The court in Spain will review the application and consider factors such as the incomes and needs of both spouses, as well as the needs of any children, with legal support from A&O Lawyers.
5. Judicial Decision: The court will issue a decision on the alimony claim, specifying the amount and conditions of payment. This decision must be enforced, even if one of the spouses resides abroad, and A&O Lawyers can assist in ensuring its enforcement.
6. Execution of the Decision: If the spouse obligated to pay alimony resides abroad, executing the decision may require cooperation from judicial authorities in that country. Execution can be achieved through international agreements or reciprocity mechanisms, with legal assistance from A&O Lawyers.
7. Modification of the Alimony Order: If circumstances change, either spouse can request a modification of the alimony order to adjust it to the new financial or family situation, with legal representation from A&O Lawyers.
We also explain how A&O Lawyers, a law firm specializing in Family Law in Marbella, can help and provide advice in these types of matters.
The international alimony claim in the context of divorce can be a complicated and delicate process. A&O Lawyers, a law firm specializing in Family Law in Marbella, plays a fundamental role in ensuring that your rights are protected, and the process is carried out effectively. The following are some ways in which A&O Lawyers can be of great assistance:
1. Specialized Legal Advice: A&O Lawyers has a team of lawyers specialized in international family law with a deep understanding of both national and international laws applicable in divorce and alimony cases. They can provide you with personalized legal advice based on the specific circumstances of your case, ensuring that you understand your rights and responsibilities clearly and accurately.
2. Jurisdiction and Court Selection: Determining which court has jurisdiction over your case can be a challenge in international divorce situations. The A&O Lawyers team can assess your situation and determine the appropriate court in Spain to file the alimony claim. This is crucial to ensure that the process is conducted in accordance with applicable legislation.
3. Preparation and Submission of Documentation: Proper preparation and submission of legal documentation are essential in any legal process. The A&O Lawyers team will assist you in gathering and presenting the necessary information clearly and comprehensively. This includes financial details, income evidence, expenses, and any other relevant information supporting your alimony claim.
4. Negotiation and Conflict Resolution: In many cases, it is possible to reach a mutual agreement on alimony without resorting to lengthy court proceedings. The A&O Lawyers team can act as a mediator and facilitator in negotiations, working to achieve a fair and equitable agreement for both parties.
5. Legal Defense Abroad: If the spouse obligated to pay alimony resides in another country, international cooperation is essential. A&O Lawyers has the capability to collaborate with foreign attorneys and utilize international treaties or reciprocity agreements to ensure that the Spanish court’s decision is effectively enforced in the country where the debtor spouse resides.
6. Modifications and Ongoing Compliance: Circumstances may change over time, which may require modifications to the alimony order. The A&O Lawyers team can assist you in filing applications to modify the order in accordance with new circumstances, whether to increase or decrease payments.
7. Protection of Children’s Rights: If children are involved, determining child support is a fundamental part of the process. The A&O Lawyers team will ensure that the children’s interests are adequately protected and that they receive the necessary financial support for their well-being.
In summary, A&O Lawyers, our law firm specializing in Family Law in Marbella, can assist and provide guidance in all aspects of international alimony claims in Spain in divorce cases. They offer the necessary legal guidance, facilitate conflict resolution, and ensure that court decisions are enforced both in Spain and abroad. Hiring A&O Lawyers can make a difference in protecting your rights and achieving a fair and equitable outcome in your alimony claim case.
Are you facing difficulties in claiming international alimony in Spain? Unsure of how to proceed? At A&O Lawyers, your specialized Family Law firm, we will assist you. Contact us now.
In the meantime, feel free to visit our blog on divorce in Spain (https://andradesortegaabogados.es/index.php/2022/10/15/el-divorcio-en-espana-primeros-pasos-verdad-y-ficcion/) for more information.