Living outside Spain and receiving a court summons for a divorce hearing in Spain can be very worrying.
Many people ask whether they really have to travel, whether they can take part from their own country, whether it is enough for their lawyer to attend, and what may happen if they do not appear.
The concern is understandable. Travelling to Spain involves flight costs, accommodation, time off work, family organisation and, in many cases, considerable emotional stress.
However, before deciding not to attend, it is important to understand one key point: failing to attend divorce proceedings in Spain may have important procedural and strategic consequences.
1. Not all divorce proceedings are the same
The answer depends very much on the type of proceedings.
It is not the same if the case involves:
- divorce by mutual agreement;
- contentious divorce;
- a hearing for provisional measures;
- modification of existing measures;
- or a hearing where personal evidence or questioning is expected.
In a divorce by mutual agreement, the parties will usually need to ratify the settlement agreement. In contentious divorce proceedings, however, there may be a court hearing where important issues are discussed, such as custody, child maintenance, use of the family home, compensatory pension or financial measures.
Therefore, the first question should not only be:
“Am I legally required to attend?”
But also:
“Could my position be harmed if I do not attend?” Be aware that in this case the court considers admitted the facts alleged by the party who did attend, particularly in relation to financial or patrimony measures.
2. “I do not want to go”: understandable, but risky without legal advice
It is completely understandable that someone living in another country may not want to travel to Spain for a court hearing.
There may be many reasons:
- financial cost;
- time off work;
- childcare or caring responsibilities;
- distance;
- fear of the court process;
- difficulty organising the trip;
- or simply not wanting to return to Spain because the situation is emotionally difficult.
But there is a difference between not wanting to travel and ignoring a court summons.
If you have been summoned to a divorce hearing in Spain, you should speak to your lawyer immediately. Failing to attend without explanation, without requesting an alternative and without preparing the strategy may seriously weaken your position.
3. What can happen if I do not attend the divorce hearing?
Not attending does not usually stop the proceedings.
On the contrary, in many cases the hearing may continue without you, and the court may decide the case based on the documents and evidence available.
Your absence may have consequences such as:
- losing the opportunity to explain your version personally;
- not being able to directly challenge what the other party says;
- not being able to answer questions about important facts;
- weakening your position regarding custody, maintenance, housing or financial measures;
- allowing the proceedings to move forward without your active participation;
- or creating an unfavourable procedural impression if your personal attendance was required.
In short: not attending does not mean the proceedings disappear.
4. Can my absence be treated as agreement with what the other party says?
In certain cases, your absence may have that practical effect.
In contentious separation or divorce proceedings, the parties are expected to attend the hearing personally. Spanish procedural law provides that unjustified failure to attend may, in certain circumstances, allow the court to consider admitted the facts alleged by the party who did attend, particularly in relation to financial or patrimonial measures.
In addition, if a party has been summoned for questioning and does not attend, the court may, in certain cases, treat as admitted those facts in which that party was personally involved and which may be harmful to their position.
In simple terms: if you do not attend, you may lose a very important opportunity to defend yourself.
This does not mean that the judge will automatically accept everything the other party says, especially where children are involved and the court must consider their best interests. But it does mean that your absence may seriously weaken your position, particularly in relation to financial issues, property, use of the family home, maintenance, payments, expenses or relevant personal facts.
5. Can only my lawyer attend on my behalf?
In many civil proceedings, the parties act through a court representative and are defended by a lawyer. This means that, in certain procedural steps, your lawyer may technically represent your legal position.
However, in family proceedings, the personal presence of the party may be very important.
Why?
Because the court often needs to assess facts that are not purely legal:
- who takes care of the children;
- how contact arrangements are organised;
- what income each parent has;
- who pays certain expenses;
- what the family dynamic has been;
- what real availability each parent has;
- what has happened with the family home;
- or whether certain obligations have been complied with.
Your lawyer can defend you legally, but they cannot always replace your personal explanation if the court needs to hear from you directly.
6. Can I give evidence by video conference from another country?
In many cases, it may be possible to request participation by video conference, especially where a person lives outside Spain and travelling would be difficult or costly.
However, it is important to understand that it is not enough simply to say: “I want to connect by Zoom.”
The request must be made properly, in advance and with reasons: residence abroad, cost of travel, work commitments, illness, childcare responsibilities or other relevant circumstances. And many times is not admitted by Court.
The court will decide whether to allow that form of participation.
Therefore, if you live outside Spain, the strategy should not simply be to “not attend”. The correct approach is to assess whether it is appropriate to request permission to attend by video conference or to seek another suitable procedural solution.
7. What should you do if you receive a court summons abroad?
If you live outside Spain and receive a summons for a divorce hearing, do not leave it until the last minute.
The recommended steps are:
- Send the summons immediately to your lawyer.
- Confirm what type of proceedings you are involved in.
- Check whether your personal attendance is required.
- Assess whether video conference attendance can be requested.
- Prepare the documents and legal strategy.
- Do not ignore the summons simply because you live abroad.
Distance does not make the proceedings disappear. It simply means they must be organised more carefully.
8. So, do I have to travel to Spain?
Not always.
In some cases, video conference attendance may be requested, or your lawyer may be able to act without you travelling. In other cases, it may be highly advisable for you to attend personally, especially if your evidence is important or if the case involves children, maintenance, housing or property issues.
The decision must be taken case by case, after reviewing:
- the court summons;
- the type of proceedings;
- whether you have been personally summoned;
- whether your questioning has been requested;
- the evidence expected at the hearing;
- and the real risk of not appearing.
Conclusion
If you live outside Spain and have been summoned to a divorce hearing, do not decide not to attend without legal advice.
There may be alternatives, such as requesting participation by video conference, but these must be prepared correctly and in good time.
Failure to appear may cause you to lose an important opportunity to defend your version of events and, in some cases, may have procedural consequences regarding the facts alleged by the other party.
At Bennet & Rey, we advise international clients in divorce and family proceedings in Spain, especially where one of the parties lives abroad and needs to understand their options without taking unnecessary risks.
Before deciding not to travel, it is important to know exactly what is at stake.
If you live outside Spain and have been summoned to a divorce hearing in Spain, we can help you assess whether you need to attend, whether video conference attendance can be requested, and how to protect your position before the Spanish court.
Contact Bennet & Rey for legal advice in English or Spanish.
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