DIVORCE FOR FOREIGNERS IN SPAIN WITH DUAL NATIONALITY

DIVORCE FOR FOREIGNERS IN SPAIN WITH DUAL NATIONALITY

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A mutual consent divorce between two spouses with dual French and Venezuelan nationality, residing in Spain and married in Venezuela. Does Spanish law apply to the divorce or foreign law? When filing the petition, should they be listed as nationals of France or Venezuela?

A divorce can be processed in Spain in the competent court based on the couple’s last family residence, but if the divorce must later be registered and have legal effect in Venezuela, it is necessary to check Venezuelan legislation, how Venezuelan authorities recognize foreign judgments, whether there are any agreements or treaties with Spain, and to consider the possibility of performing these procedures through the consulate.

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