Two iranians are married íslamic in Spain by an Imam, but the marriage was never legalized by the iranian embassy or in Iran. The islamic marriage was legalized by the spanish state. Later they got a divorse according to spanish laws, but there has never been a marriage settlement. Now they have been to court to do a marriage settlement which only includes a house which is in both names. The divorce was 5 years ago and she has not payed anything to the house. Now her lawyer has requested in court for the house to be devided according to iranian laws where he is asking for a spanish marriage settlement. The iranian laws have never been mentioned before - not even in the divorce court. Does he have the right to a spanish marriage settlement?
Country relating to Question: Spain
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I am an spanish attorney.
He has the right to ask for the settlement in Spain because all rest of the procedure has been made with according to the spanish law and there are nothing who let us to deny the facts
May be he is looking for legal profits, taxes, or whatever, but you can not deny the settlement as he has right to ask for it and you do not have legal way to deny it.
My advice is to accept the settlement as you do not have legal way to deny it.
If you now deny it, he could go into court asking for the judge to force you to do it.
You have misunderstood us. We are representing the husbond and his rights. He has already been to court and asked for devision of the house according to laws of a Spanish marriage settlement where she is saying that according to iranian laws they have to devide the house as a property case and not a marriage settlement. They are now waiting for the answer of the judge, but it takes a long time. So he wants to know whether he has the right to a spanish marriage settlement since they have never legalized their marriage in the iranian embassy of Madrid?
I am sorry if I have not explain my self right. I tought that he was the one who was asking for it
You have all the right to ask for it and he has any right to deny it.
You could go to the spanish civil registrer and ask for the settlement, even if you have the documents of the other person you do not need the autorithation of him to do it
You have in spanish the procedure here
If you need the info in english I will try my best to look for it
I am the ex husband and I have already been to marriage settlement court. In court I asked for a Spanish settlement. She asked for an iranian devision of the house even though our marriage has never been legalized in Iran. We were married islamic in Spain and the marriage was legalized by obtaining 'libro de familia'. Does she have the right to an iranian devision? Or do I have the right to a Spanish settlement?
In my opinion, the law to be aplied is the spanish law, because there is nothing you force you to aplly the iranian law
In marry matters the law to be aplied its the comun residence and the law of the place the you were married, so the iranian law has nothing to be here to be aplied
If i were your attorney I will deny the use of iranian law at all
Article 107 of the spanish civil code says that the law to be aplied its the one of the place were the marry were celebrated, in your case spanish law for sure
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