The official statement from the Infant Christina and her husband Iñaki Urdangarin by which they announce “by mutual agreement to interrupt our marriage relationship” is nothing more than a statement of fact without any legal significance. It has been published in some media, without any evidence to prove it, that said text was written by the former Duke of Palma together with someone from the Infanta’s environment. This places her unduly, in the background as if to ratify that she does not have enough personality to personally take charge of her affairs, even the most intimate ones.
The statements to RAC1, the official radio station of the Generalitat, which is described as a lawyer for Urdangarin, the lawyer Mario Pascual Vives, are nothing more than a truism intended for those who do not have the most basic legal knowledge.
The expression “interruption” of marriage is not included in any legal text. For this reason, it is irrelevant and does not bring legal consequences for the moment of formulating it, nor any future commitment. What is interrupted is equivalent to what is ‘suspended’, meaning that it is maintained in the form, but without effect in practice. Suspending a situation is equivalent to postponing it. The “interruption of a marital relationship” thus supposes that the spouses take time to recover or dissolve it. In this sense, the clarification, necessary for public opinion, makes sense when the lawyer says: «Are a ‘dead end’. A time that they have given themselves to reflect. The French expression can be replaced by an expressive Spanish that better reflects what is happening: the Infanta and her husband have given themselves, by mutual agreement, a ‘waiting period’.
In this sense, Pascual Vives’s statements have been prudent when asked if he “trusts” in a reconciliation: “I can think in my heart that I would like that to happen, but over the years, what I would like it to happen, it hasn’t happened.”
What seems inappropriate is that he is described as “Urdangarín’s lawyer”, since this is not his client for now in the matrimonial matter. It will be as long as one of the two spouses exercises some act of legal importance, although it is not necessarily litigious-procedural, for example, a separation agreement.