Spanish immigration focus on Spanish law:
Divorce procedures for Chinese nationals in Spain are categorized into the following situations:
1. One party is an overseas Chinese, and the other party resides in China:
If both parties agree to a divorce and have reached an agreement regarding the handling of children and property, they must register the divorce at the marriage registration authority of the people's government at or above the county level in the place of residence of the party in China. If only one party requests a divorce, or if both parties agree to a divorce but cannot reach an agreement on child custody and property division, a divorce lawsuit must be filed directly with the people's court in the place of residence of the party in China.
2. Both parties are overseas Chinese:
If they wish to process the divorce in China, whether one party requests it or both parties agree to it, they must apply to the people's court where the marriage was registered. If they originally registered their marriage at a Chinese embassy or consulate abroad, they may apply for divorce at the same embassy or consulate if there is no dispute between the parties. If there is a dispute, they should file a lawsuit with the people's court in the place of their last household registration or residence before going abroad.
Regardless of whether there is a dispute, the divorce can be processed through the Spanish courts. The Spanish court will make a ruling through a judge based on both Chinese marriage law and Spanish law. If one party has left home and their whereabouts are unknown, the other party may file a lawsuit in the local court, charging them with abandonment; if a divorce is requested on these grounds, a lawsuit may also be filed with the court. According to Spanish law, if the defendant cannot be summoned to court, the court may issue a decision granting the divorce.
