Cross-border lawyers in Spain
Your matter has one foot in Spain and one abroad, and that changes three things before anyone argues the merits: which country you can sue in, which law applies, and what weight a decision already made elsewhere carries here. Our lawyers start there, because a well argued case brought in the wrong country is lost without ever reaching the merits. Then we look at the clock: deadlines in this field are short, and some of them, such as the one year window to secure a child's return, offer no second chance.
What we handle
Your child has been taken to another country
An application for immediate return through the Central Authority and before the Tribunal de Instancia (the Spanish first instance court), where the one year mark from the removal is the difference between a near automatic return and having to argue the child's settlement (1980 Hague Convention and the Brussels II ter Regulation).
A judgment given abroad is being enforced against you here
Opposition to recognition and enforcement, which follows two different routes depending on origin: the exhaustive grounds of the Brussels I bis Regulation for decisions from the Union, and exequatur under Act 29/2015 for those from outside. In both, reviewing the merits is forbidden.
You hold a foreign arbitral award and are not being paid
Recognition of the award before the Civil and Criminal Chamber of the Tribunal Superior de Justicia (the regional high court) and enforcement afterwards, with narrow and exhaustive grounds for refusal (1958 New York Convention, applied through art. 46 of the Spanish Arbitration Act).
An estate was divided under a law that leaves you without your forced share
We dispute where the deceased was habitually resident and whether the choice of law in the will was valid, which is what decides whether a forced share exists at all (arts. 21 and 22 of the Succession Regulation 650/2012).
You bought goods abroad and they arrived defective
Avoidance of the contract, replacement or price reduction under the 1980 Vienna Convention, which applies even when the contract never mentions it, with the short notice period for defects that usually decides the case (arts. 38 and 39).
A debtor elsewhere in Europe is emptying their accounts
A European Account Preservation Order, granted without hearing the debtor and freezing the balance in any Member State, which can be applied for even before the main claim is filed (Regulation 655/2014).
How we work on it
The order matters. We look first at jurisdiction, that is, in which country the matter can be brought, because everything else follows from it and the nearest court is not always the best one. Then at the applicable law, which in succession and contract matters may have been chosen in writing, and that choice can be challenged. Only then do we turn to the merits. Where a decision has already been given abroad, the work runs the other way: checking whether it comes in through the automatic recognition of the European regulations or through exequatur under Act 29/2015, and whether any of the exhaustive grounds for refusal holds up, which in practice is usually defective service of the originating document. We work with the text of the regulations and conventions in front of us, because in this field the precise article changes the outcome.
Your matter is quoted after the consultation, because every case is different.
Frequently asked questions
Can I sue in Spain if the other party is abroad?
Often yes, and not always on the ground people expect. In contract matters the place of delivery or of performance governs, and in succession the deceased's last residence. We check this first, because getting it wrong costs the whole case.
I have a judgment from another country. Is it valid here?
If it comes from the European Union, in civil and commercial matters it is enforced with no prior procedure: the certificate is enough. If it comes from outside, exequatur is needed before the Tribunal de Instancia with a lawyer and a procurador. In neither case are the merits reopened.
How long do I have?
It depends on the action, and the deadlines here are short. A child's return changes regime one year after the removal. Notice of a defect in goods has a two year long stop from delivery. Enforcement of a judgment or award lapses after five. It is the first thing we check.
How is a cross-border matter quoted?
After the initial consultation, because the work varies a great deal depending on whether proof of foreign law, a sworn translation or a central authority's involvement is needed. The consultation is 200 euros for one hour.
Law firm guides on this area
The dispute explained: what action lies, what deadline is running and what has to be proved.
- Your child has been taken abroad without your consent
- Cut out of your forced share by a foreign law
- You hold a foreign arbitral award and the Spanish company will not pay
- Your EU debtor is emptying the accounts before you get paid
- You bought abroad, the goods arrived faulty and the supplier will not answer
- They are enforcing a foreign judgment against you in Spain
- You want a divorce and your husband is foreign or lives abroad