In a surprising decision, on April 30^th 2008 the Spanish Supreme Court let stand a ruling made by the Barcelona Appeals Court that permitted a man to re-marry even though he had not yet obtained a divorce from his first wife.

On March 15^th 2002, the man married a Russian illegal immigrant. The man was still married to his first wife, but the divorce was filed, and he received it two years later. When the first wife found out that her husband got married without having the divorce, she filed a petition to annul the marriage and filed a criminal complaint for bigamy.

The complaint for bigamy was rejected by the court because the facts of the case didn't represent a crime.

The petition to annul the marriage was rejected by the family court because the first wife didn't have a legitimate interest to ask for the annulment. When this was appealed, the Appeals Court said that someone can re-marry if it is done in “good faith”, which in this case the “good faith” was that the divorce was filed and was being delayed by the legal process.

With this Supreme Court decision, now it is only necessary to have a legal separation and the divorce filed in order to re-marry, without the need to have the divorce finalized.

Reference:

Decision notified 30 April 2008, appeal number 1207/2006, judge Excmo Sr D Xavier O'Callaghan Muñoz, Sala Primera del Tribunal Supremo

Sentence 5 May 2005, file 123/2004, judges Ilmos Sres D Enrique Anglada Fors, Dª Margarita Noblejas Negrillo, D Enric Alavedra Farrando, Audiencia Provincial de Barcelona Sección 18

Sentence 31 July 2003, file 348/03-C, judge Ilma Sra Dña Mª Dolors Viñas Maestre, Primera Instancia 45 de Barcelona

Ruling 19 December 2002, Case 6001/2002-B, Ref 7529/2002, judge Iltma. Sra. Dª Consuelo Sanchis Gimeno, Instrucción 33 de Barcelona

The documents can be obtained at: http://www.injusticiacatalunya.info/supremo