SPAIN Law and Practice Contributed by: Amparo Arbáizar, Arbáizar Abogados
2.7 Enforcement A party can file an enforcement application before the same court that rendered the divorce order. In the enforcement application, the peti - tioner can provide the court with information regarding the other party’s assets and request disclosure from the other party. The petitioner can also request the court’s help to investigate the other party’s assets at the Spanish Land Registry, Register of Companies, Cars Register, Spanish Banks, Spanish Tax Revenue, Spanish Employment Office, Spanish National Social Security System, etc. The court will charge the enforced party’s assets, including their payslips, bank accounts, etc. International enforcement of a financial order is permitted when this order has been recognised in Spain. The European Regulation 4/2009 of 18 December 2008 on maintenance obligations rules the enforcement of maintenance obliga - tions between European Union member estates. The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “2007 Hague Convention”) is applicable to enforce maintenance orders from signatory countries in Spain. Capital orders regarding the liquidation of the matrimonial property will be enforced accord - ing to Council Regulation (EU) No 2016/1103 of 24 June 2016, which implements enhanced co-operation in the area of jurisdiction, applica - ble law, and the recognition and enforcement of decisions in matters of the matrimonial property regime between member estates of the Euro - pean Union and Spain.
Otherwise, exequatur proceedings before the Spanish court will be needed for the recognition and enforcement of a financial order. 2.8 Media Access and Transparency The media and press are not able to report on financial cases because family proceedings are private, and the public cannot access them. 2.9 Alternative Dispute Resolution (ADR) Parties can resolve their financial disputes by signing an agreement or liquidating their mat - rimonial property before a public notary. The notary deed will have the same effects as a court order. No ADR methods are mandated by the court. Courts always offer the parties the option to stay the divorce proceedings to attend mediation. However, there is no penalty if any party decides not to participate in mediation or any other ADR. There are family arbitrators and collaborative lawyers, but they are not commonplace. An agreement reached via a non-court process is a private contract between the parties, and for it to be enforceable, it must be included in a consent court order.
3. Child Law 3.1 Choice of Jurisdiction
Council Regulation (EC) No 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) is the applicable law on jurisdiction in Spain regarding parental responsibility.
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