Our firm is distinguished by its training and experience in analysing the jurisdictional options and applicable law most favourable to our clients in the field of Family and Succession Law, particularly in cases involving multiple jurisdictions.
With regard to jurisdiction, it is essential not only to determine the available jurisdictional criteria on which to base the filing of a claim, but also to provide defence, when necessary, through the procedural plea of lack of jurisdiction of the Spanish courts. Additionally, in order to avoid parallel litigation, we advise on and argue the plea of international lis pendens, for consideration by the court.
As for the law applicable to the substance of the matter, when a foreign law applies, we are fully prepared to submit evidence of foreign law before Spanish courts, working in coordination with lawyers from other jurisdictions (foreign law opinions). In the reverse situation, we can provide certificates of Spanish law (affidavits) and act as expert witnesses in foreign courts to prove the content and interpretation of Spanish law.
Therefore, we provide legal representation in judicial separation and contentious divorce proceedings with an international element, including all related matters such as child custody, child support, spousal maintenance, and the division of matrimonial property regimes.
We also represent clients in various succession-related legal proceedings involving multiple jurisdictions, such as will disputes, actions to protect forced heirs’ rights, and judicial division of inheritance.
Additionally, we assist with the recognition and enforcement of foreign judgments in Spain (exequatur) and of Spanish judgments abroad, in coordination with professionals from the relevant foreign jurisdictions.
Among other services, our Contentious Family and Succession Department frequently handles the following matters:
- Requests for precautionary measures and filing of judicial separation or contentious divorce claims.
- Judicial determination of the legal consequences of the dissolution of unmarried partnerships.
- Child custody, visitation rights and international child abduction return proceedings.
- Claims regarding spousal maintenance and child support.
- Judicial division of the community of property (sociedad de gananciales).
- Legal actions to contest wills or to protect forced heirship rights.
- Challenges to partition operations carried out by partitioners.
- Judicial division of inheritance in cases of disagreement among heirs.
- Judicial division of post-partition co-owned real estate.
- Exequatur of foreign judgments in Spain in family and succession matters.
