SPAIN Law and Practice Contributed by: Amparo Arbáizar, Arbáizar Abogados
“Where proceedings relating to divorce, legal separation or marriage annulment between the same parties are instituted before courts of dif- ferent Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. Where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of the court first seised. In that case, the party who instituted proceed- ings before the court second seised may bring those proceedings before the court first seised. ” Regarding Article 3 of the Council Regulation (EC) No 4/2009 of 18 December 2008 on the jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations in Member States, jurisdiction shall lie with: • the court where the defendant is habitually resident; • the court where the creditor is habitually resident; • the court that, according to its own law, has jurisdiction to entertain proceedings concern - ing the status of a person if the matter relating to maintenance is ancillary to those proceed - ings unless that jurisdiction is based solely on the nationality of one of the parties; or • the court that, according to its own law, has jurisdiction to entertain proceedings con - cerning parental responsibility if the matter relating to maintenance is ancillary to those 2. Financial Proceedings 2.1 Choice of Jurisdiction
proceedings unless that jurisdiction is based solely on the nationality of one of the parties. Article 22 quáter (f) of the Spanish Law on Judi - cial Power regulates the international jurisdiction of the Spanish courts on maintenance obliga - tions, as set out in Article 3 of the “Maintenance Regulation”. Spain retains the residual jurisdiction on mainte - nance obligations when: • the petitioner or the respondent is habitually resident in Spain; and • the Spanish courts have jurisdiction concern - ing a person’s status or parental responsibil - ity, and the matter relating to maintenance is ancillary to those proceedings. Spain is a party to the Council Regulation (EU) No 2016/1103 of 24 June 2016, which imple - ments enhanced co-operation in the area of jurisdiction, applicable law, and the recogni - tion and enforcement of decisions in matters of matrimonial property regimes. This regulation is applicable between member states as of 29 January 2019. According to this Regulation, jurisdiction in mat - ters of the matrimonial property regime in the event of the death of one of the spouses will be retained by the court of the member state that is ruling the succession of the spouse pursuant to Regulation (EU) No 650/2012 on Succession. Jurisdiction in matters of the matrimonial prop - erty regime in cases of divorce, legal separation or annulment will be ruled by the court of the member state that is seised for the divorce, legal separation or annulment pursuant to Regulation (EU) No 2201/2003.
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