The Provincial Court of Barcelona has agreed with Arantxa Sánchez Vicario in her divorce battle from Josep Santanaca, whom she married in 2008 and separated after ten years of marriage and two children in common. According to the sentence that has been released this Tuesday, the former tennis player has managed to dissolve her marriage with the businessman in Miami, where it initially began to be processed and where both and their children reside, and not in Spain, as Santacana wanted. “I have always believed in Justice. I have always respected the sentences and I will continue to do so in the future, ”Sánchez Vicario said in a statement through his lawyer, Ramón Tamborero, who assures EL PAÍS that the extenista is happy and satisfied with the judges' decision.
On March 17, the three magistrates of section 12 of the Provincial Court of Barcelona met to assess whether or not they accepted the appeal that Sánchez Vicario filed against the sentence handed down in 2019 by the Esplugas First Instance judge de Llobregat (Barcelona), who agreed with Santacana in his efforts to want to divorce in Spain. The new ruling allows the divorce procedure in Miami to continue, although the employer can still file a cassation appeal before the Supreme Court or the Superior Court of Justice of Catalonia, so the procedural legal process can still be However, it is a setback for Santacana, who for now will have to sit in the courts of Florida, where he will have to respond to the economic problems that the ex-partner has and justify what has happened to the economic assets in common and the allegedly disappeared fortune of Sánchez Vicario. If the marriage is dissolved in Spain, the property separation agreement that both of them signed before getting married, and which is subject to the current regime in Catalonia, would come into force. However, this pact is not valid in the United States, hence the businessman's interest in having the case resolved in Spain.
The first lawsuit that Santacana filed to end his marriage was in Miami, where they lived as a couple. However, he ended up withdrawing it for a short time after presenting it in Barcelona. "We maintain that his action is allegedly a fraud of law, and that the competent court to resolve the marriage is Florida," argued a few weeks ago Tamborero for EL PAÍS. Although now the defense of Sánchez Vicario will pass to his Florida lawyers, the most likely procedure is to reactivate the divorce claim in Miami and request the investigation of the final destination of Arantxa Sánchez Vicario's estate. The sentence in this long divorce process does not affect the guardianship and custody or the maintenance of the two children of the ex-partner, since since the children do not live in Spain, the entire judicial process referring to the minors is followed before the courts of Florida . When they separated, the former tennis player and the businessman reached a joint custody agreement and established the residence of the children, aged 10 and 12, in Miami. This is the only point in common that the still marriage has reached.