She lives in Lisbon. He works in Berlin. Both are Spanish nationals. They met online, married in Italy, and eventually built a life together in Portugal, where they had their first child, navigating different cultures, languages and routines. But when the relationship comes to an end, a question that once seemed distant becomes unavoidable: which law applies and which courts have jurisdiction to decide matters relating to divorce, parental responsibility and matrimonial assets?
In today’s globalised world, this is no longer an exceptional scenario. Families are increasingly formed beyond national borders, driven by professional and academic mobility, as well as by digital connections that bring people together regardless of geography.
Relationships that, only a few years ago, would hardly have existed, now develop naturally, often leading one partner to relocate to another country and, in many cases, to establish a family there.
International families reflect the reality of our time: dynamic, diverse and borderless. The law, however, remains firmly anchored in territoriality. As such, while borders may appear invisible in personal relationships, they continue to be decisive from a legal perspective.
This tension becomes particularly evident when legal issues arise. Seemingly simple questions, such as where proceedings should be initiated, which law governs a given situation, or whether a child may relocate to another country, may require complex legal analysis and involve more than one jurisdiction.
Within the framework of the European Union, several regulations seek to address these cross-border challenges. Instruments such as the Brussels IIb Regulation, the Rome III Regulation and the Matrimonial Property Regimes Regulation establish rules on international jurisdiction and applicable law in matters relating to divorce, parental responsibility and the patrimonial effects of marriage.
These mechanisms have significantly strengthened legal certainty and predictability. Yet they do not eliminate the complexity of such situations.
In practice, different aspects of the same family reality may be assessed in different countries. A divorce may proceed in one State, issues concerning parental responsibility may be decided in another, while financial matters may be governed by a different legal system altogether. For families already experiencing emotional vulnerability, this fragmentation may represent an additional layer of uncertainty.
In matters of divorce and parental responsibility, international jurisdiction is generally determined by the habitual residence of the spouses and the child, respectively, a concept that is not always straightforward in international contexts. Courts must also ensure the protection of the child’s best interests, particularly in situations involving a potential relocation to another country. These decisions require a particularly delicate balance between, among other factors, the child’s stability, family and social ties, and overall development and well-being.
Financial matters may also prove particularly complex. The matrimonial property regime and the division of assets located across different countries often require the interaction of multiple legal systems.
In certain circumstances, European rules allow for the choice of applicable law, offering a greater degree of predictability, provided that such choices are made in advance and through the legally prescribed mechanisms.
The more international a family becomes, the more complex its legal reality tends to be.
For this reason, legal awareness and forward planning are becoming increasingly important. International couples may benefit from considering, at an early stage, matters such as the choice of applicable law, prenuptial agreements and other asset planning mechanisms permitted under different legal systems, as well as the way in which they wish to structure certain aspects of their family life.
These instruments are not merely technical. They may contribute to reducing conflict, increasing legal clarity and providing greater stability and predictability during particularly sensitive moments.
Family law is, at its core, about people. But in an international context, it is also about the interaction between different legal systems and the way they intersect in the lives of families.
On this International Day of Families, one idea remains clear: although families increasingly cross borders with ease, the law is continually called upon to follow them. Ensuring that those borders do not become obstacles is one of the central challenges of contemporary family law.
