Divorce in Spain and spouses without habitual residence in Spain

how should the Spanish courts proceed? Commentary by the provincial Court of Murcia on 11th February 2021

Abstract

Even though almost seventeen years have passed since its entry into force, legal operators in the Member States of the European Union, including the Spanish ones, continue ignoring not only the system of forums but also the personal scope of application of the Brussels II bis Regulation.  As an example, it is appropriate to mention the case resolved by the provincial court of Murcia on 11 February 2021. This court confirms, on appeal, the decision handed down at first instance by a court in the town of Cieza, by which this court declared itself internationally incompetent to try a divorce case in which the spouses were neither Spanish nationals nor habitually resident in Spain.