03 Apr 2007 1:24 PM:
I have read yiour reply. Unfortunately for you to rely on English law the proceedings would have to be pending in England. It would seem to be the case that as the proceedings are pending in Spain then there has been agreement that the Spanish courts would have jurisdiction. I do not know who made the decision to commence the divorce proceedings in Spain but as you are both English then one would have expected the the jurisdictional position to have been considered prior to issue and to decide where to issue i.e Spain or England and to consider domicile and not solely residence.
You may wish to seek advice from an English lawyer as to whether or not you could issue in England and apply for the proceedings pending in Spain to be stayed or dismissed. Frankly I have to say that on what you have said I have to say that I am doubtful that this would succeed in particular in view of the time that has passed since the proceedings were issued. However you may feel it is worthwhile seeking such advice.
I am sorry if this is not particularly helpful. I can not say what the court in Spain would do if asked to transfer to another court and you would need to consider if a new Spanish lawyer could assist.
Denmor
Thread:
Looking for a good bi-lingual solicitor in Spanish Family Law.
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