If Arantxa Sánchez Vicario is finally divorced from Josep Santacana, only the three magistrates of section 12 of the Provincial Court of Barcelona who on Wednesday deliberated and made a decision in this regard have evidence. The sentence, which the lawyers of both parties will receive in the coming weeks, will clarify whether the divorce of the ex-partner is correct that it is processed in Spain , as requested by Santacana or, on the contrary, the United States is competent, as requested Sánchez Vicario and will be able to put an end to a long legal battle that the extenista and the businessman have had for two years.
Everything goes back to March 2019, when a court in Esplugues de Llobregat (Barcelona), where Santacana filed the divorce claim , made effective the dissolution of the marriage . However, Sánchez Vicario appealed the sentence due to his incessant fight for the divorce to be resolved in Miami (Florida, USA), where it initially began to be processed and where both and their two children reside. Now, it is the magistrates of the Provincial Court of Barcelona who have decided to agree with one or the other. That this matter has come to an end when the content of said deliberation is known is, however, relative, because if either of the two parties does not agree with the new resolution, they have the possibility of presenting a last appeal before the Court. Superior of Justice of Catalonia. "The procedural legal process can still be extended over time", assures EL PAÍS Ramón Tamborero, lawyer for Arantxa Sánchez Vicario who estimates that within "ten, fifteen or twenty days" they will not receive the sentence.
Yes the judges finally they agree with the former tennis player and annul the divorce sentence handed down by the Esplugues de Llobregat court, the ex-partner will have to resolve her marital problems in Miami, an objective that the athlete has been pursuing from the beginning so that Santacana does not ignore the economic problems that the ex-partner has . When the marriage is dissolved in Spain, the property separation agreement that both signed before getting married comes into force and which is subject to the current regime in Catalonia. However, this pact is not valid in the United States, hence the employer's interest in having the case resolved in Spain. Precisely these economic assets in common are "part of the strategy why we have appealed the first sentence," says the lawyer of the former tennis player without wanting to provide more details.
Sánchez Vicario and Santacana were married in 2008 and separated after ten years of marriage and two children in common. According to the lawyer of the former tennis player, the first lawsuit that the businessman presented to dissolve 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 that of Florida," argues Tamborero. In the event that the judges' ruling is in favor of Sánchez Vicario, the procedure that his defense will follow will be to file a divorce claim in Florida and there request “to find out where the alleged assets of Arantxa have gone, which, according to she says, they have disappeared, "sums up her lawyer.
Regardless of what is decided, this latest divorce ruling does not directly affect the guardianship and custody or the maintenance of the two children of the ex-partner, as Tamborero explains" due to to the fact that the children do not live in Spain, the entire judicial process referring to minors is followed before the Florida courts ”. The residence in Miami of the children, aged 10 and 12, seems to be the only point in common that the still married couple has reached. The extenista and the businessman got a kind of joint custody before the divorce lawsuit was filed and, because her patrimonial level is higher, she is the one in charge of passing an amount to her still husband for maintenance of minors when they live with him
In parallel to the divorce, Santacana and Sánchez Vicario have another economic war open with the Bank of Luxembourg (BDL) , which last November requested a sentence of four years in prison for the uprising of assets the extenista and her ex-husband and a compensation of 6,170,942 euros to which interest and procedural costs would have to be added and that the ex-partner will sit on the dock when the date of the hearing is set.
Meanwhile, both the former tennis player and the businessman continue in Miami, where they have their residences, and they do not have the need to travel to Spain either when their lawyers receive the sentence or in the event that one of them initiates an appeal. Each one will follow their own future from a distance.