Can a divorce petition be processed in Spain for a marriage contracted in Scotland, where one spouse resides in Scotland and the other in Spain?
Article 107 of the Spanish Civil Code establishes that divorce will be governed by the rules of the European Union or Spanish private international law. Article 22 quater of the Organic Law of the Judiciary (LOPJ) provides that, in the absence of the aforementioned criteria, Spanish courts will have jurisdiction over personal and property relations between spouses, annulment, separation, and divorce and their modifications, provided that no other foreign court has jurisdiction.
This applies in cases where:
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Both spouses have their habitual residence in Spain at the time the petition is filed;
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Spain was their last habitual residence and one of the spouses still resides there;
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Spain is the habitual residence of the defendant;
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In cases of mutual agreement divorce, one of the spouses resides in Spain;
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The petitioner has had at least one year of habitual residence in Spain before filing the petition;
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The petitioner is Spanish and has had habitual residence in Spain for at least six months prior to filing the petition;
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Both spouses have Spanish nationality.
If none of these situations apply, the European Union regulations must be followed.
