Divorce in Spain?

A lady friend wants a divorce in Spain. It was something of an 11-month disaster to a control freak abusive husband - after the event. Typically Spain; you ask one question and you get ten different answers. How easy is it to get a divorce; prices and procedures?

Ask a lawyer, that is your best bet.

I did so, Joan. He want €1,500 basic price, no fuss procedure. She doesn't have that kind of money. I think in the UK, if the marriage has lasted under a certain period (could be 24 months; this one is 11 months) it is a very simple and inexpensive procedure. That might be the best bet.

Check with other lawyers, i know a good one, if you want his details send me a private message.

 It is not possible in UK to start divorce proceedings within one year of marriage.  Judicial separations, though, are a possibility.

If she earns under a certain amount she can get legal aide and the court will allocate a lawyer to her.

Assuming that she is British the first thing is to decide whether she fares better under English or Spanish law.  Because the first to file determines jurisdiction under something called the Brussels 2 treaty.  If her husband is resisting a divorce he is presumably unlikely to file so delaying a month to be able to file in England is no hardship. 

She can apply for a divorce in England and Wales after being married for one year.  To do this she will have to say that her domicile is England.  It's a pretty nebulous concept but amounts to no more than saying it's where my heart is and is little more than a formality.  And you can do much of it yourself with little or no expense.  The only time she might need a lawyer would be if he contested it.

She would presumably cite unreasonable behaviour as the grounds for the irretrievable breakdown of her marriage but see the link to the UK government website on proofs

http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/DG_193734

 Mike:

Divorce is very easy in Spain since 2005. If they have no children, even more: just three months of marriage are required in general and even less than that if you prove a risk to your life or health

 YOU CAN ONLY GET A DIVORCE IN THECOUNTRY YOU WERE MARRIED IN

AFTER A YEARS SEPARATION IF UK MARRIED EASY TO DO YOURSELF IN COUNTY COURT AND COSTS VERY LITTLE TO DO

OH AND IF AS APPEARS IS A NASTY PIECE OF WORK IS A GOOD IDEA TO CHANGE THE DOOR LOCKS

Lost

That isn't entirely true.  I was married in England and living in England, however my ex-husband moved to Scotland, so I was able to get a divorce through the Scottish courts, which actually worked out cheaper for me!

Sue

Lost.

You are completely wrong.  First to file determines jurisdiction.

And why have you left it ten weeks to post?  She's probably divorced by now.

 well first  thenyou wait 3 months to get into court you get a  degree nisi then wait a year and apply to court for actual divorce papers

 Sue of course can get divorce in scotland its part of the uk still just!

Lost

You specified "country", which suggests either England or Scotland or Wales etc.  Not the UK which of course includes England and Scotland etc, as you now state.

Sue

 Hi Sue

The original question was should they get divorced in Spain or England. I merely pointed out you can only get divorced in the country You were married in. This is true for any country in the world.

Cheers

This message was last edited by LOST on 25/06/2011.

I am the original poster. The lady is being divorced through the Spanish courts and a Spanish legal company is dealing with it. Thanks to those who contributed. Much appreciated. Mike

 Well I suppose she can do process but will not be valid in UK

Not sure what the following actually means but note the use of the word could and it seems would still need to go to an English court for final result which would require English translation of all documents legalised by a notary public.

2.1.1 The courts ruled in the case of Indyka v Indyka (1966) that a foreign divorce could be recognised by the English courts if one of the parties had a real and substantial connection with the country in which the decree was granted. The Judge held that when an alteration in English law widens the divorce jurisdiction of the English courts, the correspondingly widened recognition of decrees pronounced abroad applies only after, and not before, the change in English municipal law. Recognition of, in this case, a Czech divorce, pronounced in January 1949, had been sought on the basis that the Czech court's jurisdiction would have been recognised if the Law Reform (Miscellaneous Provisions) Act 1949 had governed the question of jurisdiction. But since that Act had not taken effect until December 1949, and had no retrospective effect, the Czech decree could not be recognised by English law.

"The original question was should they get divorced in Spain or England. I merely pointed out you can only get divorced in the country You were married in. This is true for any country in the world."

Just................plain................WRONG.  You clearly have no idea what you are talking about.  Best leave it to others who do.

** EDITED - Spam **

 Last marriage residency jurisdiction can hear and decide on their divorce