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the Spanish Courts? We are often consulted by clients who have decided that their marriage has broken down and that they are left with no choice but to begin divorce proceedings. Even though you may have lived in Spain for many years, you may still be able to issue divorce proceedings in England and Wales rather than Spain.
Two crucial factors to consider are where you are “domiciled”, and whether you own a home or other land in Spain.
Domicile is a separate concept from Residence or Nationality. In essence it is the place with which you have the deepest roots and ‘legal connection’. In law everyone has a domicile, but only one at any given time. As the United Kingdom has three distinct legal systems, England and Wales, Scotland, and in Northern Ireland, you can be domiciled in one of the constituent parts of the UK, but not in the UK as a whole.
To be able to use the English Courts for your divorce you will have to show that you are still domiciled in England and Wales. This does not necessarily mean that you need to have an address in England or Wales.
If you have family or other connections with England and Wales, including bank accounts, property, or even membership of clubs, societies, or a church or synagogue, or intend to return there at some distant time in the future then in most
circumstances anyone originally from England or Wales can use the courts there.
If you own a home or other property here an English Court will not have the power to make an order to sell or transfer a share in the property between husband and wife as that would be an order that concerns the property itself. An English Court does have the power to make an order to determine how the proceeds of sale in the property should be divided, or to approve a settlement agreement which you reach between you and your (ex) spouse.
Divorce is always complex and can be traumatic so please take qualified advice if you feel that your marriage has broken down.
Link Point Legal and Business Services: 96 626 0500 Email:
client@linkpointlegal.com Web:
www.linkpointlegal.com
I want a divorce, can I use the English rather than
Female Focus
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