SPAIN Law and Practice Contributed by: Amparo Arbáizar, Arbáizar Abogados
both spouses have Spanish nationality, they can also apply for divorce in Spain. “Domicile” is not a legal concept in Spain’s jurisdiction. A party can contest jurisdiction within ten days of being served with the divorce petition. Due to a lack of international jurisdiction, the “ Declina- toria ” proceedings are provided for by Articles 63–66 of the Spanish Law of Civil Procedure (LEC1/2000) and Article 39 of the Law on Inter - national Judicial Co-operation in Civil Matters (29/2015). As explained above, it is not possible to apply to stay proceedings in order to pursue divorce proceedings in a foreign jurisdiction apart from a challenging jurisdiction. Law No 29/2015 International lis pendens is ruled by Article 39 of Law No 29/2015, of 30 June, on International Judicial Co-operation in Civil Matters: “ 1. When there exist pending proceedings with an identical object and cause of action, between the same parties, before a Spanish court, the Spanish court may stay proceedings, at the instance of a party and following a report from the Public Prosecutor’s office, always provided that the following requirements are met: The foreign court’s jurisdiction is based on a reasonable connection with the litigation. The existence of a reasonable connection will be presumed when the foreign court has based its international jurisdiction on criteria equivalent to those provided for in Spanish Law for that spe- cific case. It is foreseeable that the foreign court will issue a resolution susceptible to being recognised in Spain; and
The Spanish court considers it necessary to stay proceedings in the interest of the proper admin- istration of justice 2. The Spanish court may order the continua- tion of proceedings at any time at the instance of a party and following a report from the Public Prosecutor’s Office when any of the following circumstances apply: Should the foreign court have declared it has no jurisdiction, or should it, at the request of any of the parties, have failed to pronounce on its own jurisdiction; Should the proceedings before the court of the other State have been suspended or finalised without issuing a resolution; Should it be considered unlikely that the pro- ceedings before the court of the other State will be concluded within a reasonable time; Should the continuation of proceedings be con- sidered necessary for the proper administration of justice; Should it be understood that the final judgement that may eventually be handed down will not be susceptible to being recognised and, where appropriate, enforced in Spain? 3. The Spanish court shall end proceedings and close the case if the proceedings before the other State’s court have been concluded with a decision susceptible of recognition and, where appropriate, enforcement in Spain.” Lis pendens is regulated in Article 20 of Council Regulation 2019/1111 and is applicable between EU member states:
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