Talk

Flip

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Need some advice wrt to Spain and English Divorce! Any Spanish legal eagles out there?

9 replies

MediaEspanola · 16/10/2012 21:11

Name change as some of the details I am going to post may out me in RL.

My mum and dad got married in an English civil ceremony in the 70's. They then had a Church blessing in a Catholic church (otherwise the marriage would not be recognised in Spain).
My dad left us (eventually returning to Spain with the OW who is English). Eventually my mum applied for and was granted a divorce here in England on grounds of abandonment. Dad did not contest at all.

Dad eventually married OW in England in a civil ceremony - he was not allowed to marry her in Spain as he the divorce was not recognised. He had a blessing in a Catholic Church in Spain.

He has now told me that he and SM are still having issues wrt to the divorce and his 2nd marriage, apparently my SM is not legally recognised as being his wife.

She rang me the other day to say that they need the original Decree Nisi (which it turns out my mum has). My mum has refused to surrender it, but she has given me the address of the court that issued it.

Not sure really what to do!! Can anyone advise, why is the original needed? They have copies of the documents!

OP posts:

Report

lagartija · 16/10/2012 22:08

A couple of questions:

(I live in Spain, but I have no legal expertise)

Do your dad and SM live in Spain now? Who is asking for the documents? The Spanish authorities? Who isn't recognising the marriage, Spanish social security, tax authorities?

Did your dad ever do the paperwork for Spain to recognise his civil wedding in the uk, or is that what he's trying to get recognised now? why hasn't your dad got a decree nisi too?

DON'T send your mum's original, in my experience, you'll be highly unlikely to get it back. They'll be asking for originals in Spain because they always do. For everything.

Report

MediaEspanola · 16/10/2012 22:14

Thanks for your reply, no we won't be sending the original as that was my concern. My dad has a copy of the decree nisi.

He and my SM live in Spain, I am not entirely sure who it is that requires all these proofs, I think it might be social security (I think it might be to do with pension rights?). They did do a lot of paperwork to get the divorce recognised in Spain, including sending a load of incomprehensible paperwork to my mum (it was in the worst kind of legalese!!).

OP posts:

Report

Collaborate · 16/10/2012 23:55

The Decree Absolute is the decree of divorce, not the nisi.

The UK divorce is recognised in Spain - no further things have to happen in spain for this to be so. the second marriage is also recognised in spain.

Report

MediaEspanola · 17/10/2012 14:02

Colloborate - yes I am aware of that, which is why I did question as to why it is the decree nisi they were after, I would have thought it would be the decree absolut.

Then why the hell are they asking for the decree nisi if the divorce is recognised in spain