EUPillar Ángel Daniel vs. María Consuelo.Roj: AAP B 769/2009

Summary

Application of Brussels II a Regulation provisions to the resolution of a divorce case in Spain. Key facts: The husband was Spanish. The wife presumably was Colombian and lived in Colombia. The husband did not live in Spain. A first instance Spanish court considered that the wife did not prove her Spanish nationality and stated that Spanish courts were not competent to decide on the divorce according to national law. Court decision (second instance): as it has been proved that both spouses are Spanish, the habitual residence of the divorce couple is irrelevant for the application of Brussels II a Regulation. According to art. 7, Brussels II a Regulation is applicable in first instance. Spanish courts are competent to decide on the case according to art. 3.1. b) of Brussels II a Regulation. The court applies general rules on jurisdiction in matters relating to divorce, legal separation or marriage annulment. The court took into account Brussels II a Regulation provisions on jurisdiction that shall lie with the courts of the Member State of the nationality of both spouses. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 51 de Barcelona (Spain) (First instance) Date:19-02-2008