Key Differences
Between Systems
Family law matters with cross-border elements require understanding the structural differences between jurisdictions, each applying its own rules on jurisdiction, applicable law, and recognition of judgments.
Jurisdiction and Forum
Spain (with multiple civil law systems)
Jurisdiction is generally based on the habitual residence (residencia habitual) of the spouses or children; civil domicile (vecindad civil) may also connect to specific regional laws.
EU
Regulation (EU) 2019/1111 (Brussels II ter) governs jurisdiction, recognition, and enforcement in many intra-EU family matters (except Denmark).
England and Wales (common law)
Broad forum conveniens criteria and judicial discretion in financial measures; since 31 December 2020, EU lis pendens rules no longer apply, making timing and forum choice strategic.
Applicable Law
Divorce and separation
In States participating in Rome III (Regulation (EU) 1259/2010), spouses may choose the applicable law; Spain participates, the UK does not.
Maintenance
2007 Hague Protocol and Regulation (EC) 4/2009 determine applicable law and recovery mechanisms.
Parentage and parental responsibility
Regulation of custody, contact, and protection measures (Regulation (EU) 2019/1111; 1996 Hague Convention).
Matrimonial property regime
Spanish Civil Code, Catalan Civil Code, regional laws, and Regulation (EU) 2016/1103 where applicable; the default regime may depend on the first common habitual residence or nationality.
International child abduction
Immediate return and cooperation between central authorities in cases of wrongful removal or retention (Regulation (EU) 2019/1111; 1980 Hague Convention).
Successions with cross-border family implications
Determination of applicable law, validity, and effects of testamentary dispositions (Regulation (EU) 650/2012; 1961 Hague Convention).
Recognition and Enforcement
Within the EU
Streamlined procedures under Brussels II ter and standardised certificates.
Spain–United Kingdom
Post-Brexit recognition mainly under the 1996 Hague Convention (children), 2007 Hague Convention (maintenance), and Spanish exequatur where applicable.