The document discusses divorce law in the Valencia region of Spain. It states that Spanish courts will apply the law of the country where a couple was married if they were married abroad. However, a couple can request Spanish law be applied if they are both normally resident in Spain. For couples of mixed nationality resident in Spain, Spanish law will apply. It also outlines the two main systems for classifying marital assets in Spain - sociedad de gananciales and separación de bienes. For the Valencia region specifically, marriages are classified as separación de bienes and local law determines custody issues.

1. Regional Divorce Law in Spain:
Valencia Region

2. If you are thinking about getting divorced in Spain
please make sure to view:
10 Must Know Facts For Anyone Planning To
Divorce in Spain
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3. Which law Applies?
If a couple who are both English and were married in
England but live in the Valencia region, which law is applied
to their divorce proceedings?
How about a couple who possess different nationalities, both
having been resident in the Valencia region?
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4. Which law Applies?
The Spanish Civil Code (Art. 107) provides that the laws
applicable to divorce proceedings in Spain shall be:
1) The law of the country of which the spouses share a
common nationality
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5. Which law Applies?
2) If there is not a common nationality, the law of the land in
which they are both normally resident
3) If the spouses are not normally resident in the same
country then the last country in which they were resident
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6. Which law Applies?
So, should a couple married in England apply for divorce
proceedings in Spain then the Spanish court shall apply the
law applicable in England.
However, the same couple could request that Spanish law be
applied if they are both normally resident in Spain.
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7. Which law Applies?
Spanish law is also applied in the case of a mixed nationality
marriage where both spouses are ordinarily resident in
Spain.
Given the number of people in this situation it is therefore
important to consider the application of Spanish divorce laws.
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8. Spanish Divorce Laws
In order to determine the Spanish legal rules that govern
matters such as the distribution of marital assets upon a
divorce it is first necessary to ascertain the 'system' of
economic relations marriage that the couple have agreed to.
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9. The two most important 'systems' of marriage are:
1) Sociedad de Gananciales
2) Separación de Bienes
Briefly, these can be defined as follows:
Spanish Divorce Laws
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10. Sociedad de Gananciales
Upon marriage a 'union of assets' is formed whereby all
future assets acquired during the course of the marriage
pertains to this 'union' and which upon dissolution of the
marriage should be shared between the spouses.
Spanish Divorce Laws
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11. Separación de Bienes
Both of the spouses retain all rights to assets acquired during
the marriage. Any assets that are bought with common funds
are owned in the proportion in which the spouses contributed
to the purchase of the asset.
Spanish Divorce Laws
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12. Separación de Bienes
Upon dissolution of the marriage it is necessary to determine
ownership of assets.
Spanish Divorce Laws
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13. By Spanish Civil Code (Article 1315) the 'system' of marriage
that applies is determined:
1) By the couple themselves in a formal declaration before a
notary (capitulaciones matrimoniales)
Spanish Divorce Laws
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14. 2) By the local prevailing law enacted by the regional
parliament
3) In the absence of local legislation, by the Spanish Civil
Code
Spanish Divorce Laws
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15. So, if a married couple did not make a formal declaration
stating a preference for one particular system (typically the
case), we then must analyse any regional laws that may
establish the 'system' of marriage to prevail in that region.
Spanish Divorce Laws
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16. Marriage Classification in Valencia
Law 10/2007 states that the classification of a marriage is
that of ‘separación de bienes’.
Article 3 of the same law states that the law has effect on all
those who are resident in Valencia as per the Statute of
Valencia.
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17. Marriage Classification in Valencia
In effect the law therefore impacts on those who are
continually resident in the region for a period of two years
(who voluntarily become subject to Valencia law) or ten years
by default.
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18. Division of Marital Assets upon a Divorce in
Valencia
The procedure for the division of assets upon the ending of a
marriage that is classified as a 'sociedad de gananciales' is
governed by the Spanish Civil Code. For more information go
to: Division of Assets
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19. Child Custody in Valencia
Typically, following a divorce any children will be placed in
the custody of one of the parents – almost always their
mother.
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20. Child Custody in Valencia
However, another possibility is the shared custody of children
which may be defined as:
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‘the legal situation in which, following a separation or
divorce, both parents have legal custody of the children
equally, in terms of the conditions and rights that are
conferred in this regard.’

21. Child Custody in Valencia
While contemplated in the legislation reforming much of
family law in Spain (Law 15/2005) the concept of joint
custody has yet to really take off in Spain.
However, this may be changing with new laws being
introduced in a number of autonomous communities in Spain
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22. Child Custody in Valencia
Valencia is one of the regions that has introduced changes to
the law (Law 5/2011) in order to implement a system
whereby, in the absence of an agreement to the contrary
between the parents, joint custody should be awarded by
the judge as a general rule.
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23. Child Custody in Valencia
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However, the central government has launched an appeal to
the Constitutional Court on the basis that the Valencia
Region ought not to have the legal competency to enact laws
within this sphere.
While the matter is being determined in the Constitutional
Courts, the concept of shared custody is applied in the local
court.

24. Child Custody in Valencia
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Following a further twist, a decision of the Spanish Supreme
Court in July 2011 has stated that 'shared custody‘ should
not be applied only as an 'exceptional measure‘ but rather
should be considered as 'the most normal'.
This would appear to cement the Valencia Regional Law
further in place by making application of shared custody a
more typical outcome.

25. In the absence of regional laws determining such matters,
the Civil Code governs when considering issues related to
divorce and separation such as inheritances and common
liability for personal bankruptcy of one of the spouses.
Other Important Aspects of Divorce Law
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26. Other State laws also have a national reach and accordingly
may need to be taken into account in the Valencia region
depending on the particular situation.
For example, visitation rights of grandparents and also
relevant to many is the family law applicable when a couple
are not married.
Other Important Aspects of Divorce Law
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27. For details of the services available from local
English-speaking family law experts in Valencia,
go to:
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Family Lawyers in the Valencia Region