The Bridge – The Bridge

International Spanish Family Law

High-level advice and coordination in family matters with cross-border elements between Spain and other jurisdictions.

Who We Are

The Bridge is a collaborative platform formed by independent lawyers with extensive experience in Spanish family law, especially when international elements are involved. Each member retains full professional independence while benefiting from coordinated strategy, shared expertise, and peer review in complex matters.

In Spain, there is no single unified family law. Instead, there is a legislative framework that includes several regional civil laws (derechos civiles forales). In a given case, civil domicile (vecindad civil) and habitual residence (residencia habitual), may both play a role, along with nationality. Understanding these internal distinctions is essential when coordinating proceedings between Spain, and the EU, England and Wales, and other jurisdictions.

Our Purpose

To connect individuals and professionals with solid and reliable expertise in International Spanish Family Law, building bridges between Spain and other jurisdictions to resolve sensitive and complex matters with clarity and efficiency.

What We Offer

Specialised Advice

Assistance and representation in international family matters connected to Spain (nationality, residence, location of assets, etc.).

Single Strategy Point

Tailored teams with our members and trusted foreign colleagues to implement a coherent strategy across jurisdictions.

Shared Standards

Access based on experience and references; collective review in complex cases and ongoing training.

International Environments

Native Spanish, professional English, and other languages; cultural fluency and international experience.

Areas of Specialisation

Our firm offers broad coverage across all fields of Private International Law applied to Family and Inheritance Law, providing comprehensive legal advice at both national and international levels. We have a high degree of specialisation in the management of complex cross-border matters, where multiple jurisdictions, laws, and recognition and enforcement regimes intersect. Among others, and not exclusively:

Divorce and separation with international elements: habitual residence, choice of forum, recognition and enforcement of foreign judgments (Regulation (EU) 2019/1111 – Brussels II ter; Regulation (EU) 1259/2010 – Rome III; Law 29/2015 on International Legal Cooperation).
The best interests of the child in cross-border contexts: habitual residence, relocation, wrongful retention (under European law, the 1980 Hague Convention, and the Lugano Convention), parental responsibility, contact and custody, protection measures (1996 Hague Convention).
Assets and financial measures: matrimonial property regimes in Spain, separation of assets (regimen de separación de bienes), community property and participation regimes, asset tracing, and enforcement with cross-border assets (Regulation (EU) 2016/1103; Law 29/2015).
Marital agreements and pre-/post-nuptial contracts: validity, applicable law, recognition, registration, and enforceability in Spain and abroad (Regulation (EU) 2016/1103 in jurisdictions where applicable, the 1978 Hague Convention).
Maintenance and compensatory or indemnity payments: (Regulation (EC) 4/2009 and 2007 Hague Protocol on applicable law and cross-border recovery).
International protection orders: recognition and enforcement within and outside Spain (Regulation (EU) 606/2013).
Families with diverse structures: parentage arising from assisted reproduction or surrogacy abroad, recognition of parentage, international adoption, co-parenting agreements, and family formation across jurisdictions, including LGBTQ+ families (1993 and 1996 Hague Conventions).
Recognition and enforcement of foreign judgments under Law 29/2015 on International Legal Cooperation in Civil Matters, and application of EU Regulations and Hague Conventions outside the EU and post-Brexit.
Mediation and collaborative law in cross-border dynamics (Directive 2008/52/EC; Law 5/2012).
Private International Law reports for courts, mediators, and arbitrators on issues of Spanish family law.
Successions with family-related international impact: determination of applicable law, validity, and effects of testamentary dispositions (Regulation (EU) 650/2012 of 4 July 2012; 1961 Hague Convention on the Form of Testamentary Dispositions).

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. These differences can decisively influence the course and outcome of each case. Below are the main aspects to consider in Spain, the European Union, and England and Wales, as well as other jurisdictions we regularly cover professionally.

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.

Contact

The Bridge – International Spanish Family Law

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This content is for informational purposes only and does not constitute legal advice. Assistance is provided solely following formal engagement with a professional member.