Is it possible to file a contentious divorce in Spain between an Ecuadorian couple? The wife has been living in Spain for five years, and the husband resides in Ecuador. They have no children or joint property, were married in Ecuador, but shortly afterward she moved to Spain, and they have never lived together in Spain.
To determine the international judicial competence of the Spanish courts, reference must be made to “Brussels II Bis Regulation” (Council Regulation (EC) No 2201/2003 of 27 November 2003, on jurisdiction, recognition, and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000).
According to Article 3 (general jurisdiction), jurisdiction in this case lies with the Spanish courts, so it is possible to file a contentious divorce petition in Spain.
