The effectiveness in Spain of extra-judicial divorces granted abroad

Abstract

The aim of this paper is to analyse the system of recognition of foreign extra-judicial divorces in Spain, considering as such those involving a non-judicial authority with a constitutive or merely federal character, as well as those based on a simple agreement between the spouses. The quantitative importance that they are acquiring in recent times shows the interest of the subject and the need for a detailed treatment of it in the absence of doctrinal studies on the subject. This is a complex issue, especially since diversity is the dominant factor in comparative law, and the decision or document dissolving the marriage may include pronouncements that differ from the mere constitution.