The recognition of a foreign divorce in Spain is a crucial step to ensure that a divorce decree issued in another country is legally valid within Spanish territory. This process, known as exequatur, is essential to confirm that the ruling complies with Spain’s current legal regulations and respects the principles of public order within the national legal system.

Completing this procedure correctly not only prevents legal conflicts but also ensures that you can fully exercise your rights in matters related to marital status, such as entering into a new marriage or completing administrative processes.

In this article, we explain in detail:

• What the exequatur is and its legal significance.
• Key requirements to initiate the process.
• Step-by-step procedure, with practical tips to streamline it.
• Key legal references to support your case.

Additionally, we will answer the most frequently asked questions on the subject, helping you understand how to obtain recognition of your foreign divorce decree in Spain efficiently and without complications.

What is the exequatur?

The term exequatur refers to a judicial procedure that allows the validation and recognition of a foreign court ruling in Spain. This process ensures that the foreign judgment does not contradict the fundamental principles of Spanish public order or the international agreements signed by Spain.

The exequatur is a judicial process aimed at validating a foreign court decision in Spain. This recognition is necessary for the judgment to have legal effects in Spanish territory, such as:

• Modifying the marital status of the spouses in the Civil Registry.
• Enforcing the liquidation of jointly owned assets located in Spain.
• Ensuring compliance with rulings on child custody or alimony payments.

The exequatur in Spain is regulated by Law 29/2015 on International Legal Cooperation in Civil Matters, which sets out the requirements and procedures necessary to ensure that foreign judgments are compatible with the Spanish legal system.

Why is the exequatur necessary?

The exequatur is not just a legal requirement but an indispensable tool to ensure that a court ruling issued in another country has full validity in Spanish territory. This recognition allows the foreign judgment to produce legal effects in Spain, such as:

• Ensuring compliance with court rulings related to child custody, alimony payments, or visitation rights.
• Updating the marital status of the spouses in the Spanish Civil Registry.
• Enforcing the liquidation of jointly owned assets located in Spain.

Legal framework for the Exequatur in Spain

The procedure is governed by Law 29/2015 on International Legal Cooperation in Civil Matters, which establishes the requirements, steps, and guarantees necessary for foreign judgments to be compatible with the Spanish legal system. This regulation is further complemented by international conventions ratified by Spain, such as the Hague Convention and Regulation (EU) No 1215/2012 for rulings issued within the European Union.

Thus, the exequatur procedure is primarily regulated by:

• Law 29/2015 on International Legal Cooperation in Civil Matters.

• Bilateral or multilateral international conventions signed by Spain, such as the Brussels Convention or the Hague Convention.

• Regulation (EU) No 1215/2012, applicable to rulings within the European Union.

Requirements for the recognition of a foreign divorce in Spain

Before initiating the exequatur procedure, it is essential to meet the following requirements:

1. Before starting the exequatur procedure, it is crucial to fulfill the following requirements:
2. Final and Binding Judgment
   The ruling must be definitive and legally enforceable in the country of origin. This means it cannot be subject to appeals or pending legal remedies that might alter its content or validity.
3. International Judicial Competence
   The court that issued the ruling must have acted within the limits of its jurisdiction, following the applicable international regulations and legal agreements in force between the country of origin and Spain.
4. Compatibility with Spanish Public Order
   The ruling must comply with the fundamental principles of Spanish public order, avoiding any contradictions with the essential norms of the Spanish legal system. Special attention is given to areas such as fundamental rights and family law to ensure alignment with Spanish legal standards.
5. Translation and Apostilletille
   • Sworn Translation: The ruling must be officially translated into Spanish by a certified sworn translator, ensuring the content is accurate and understandable within the Spanish legal framework.
   • Hague Apostille (or Consular Legalization): This process certifies the authenticity of the document issued abroad, enabling its official recognition in Spain under applicable international agreements.

Exequatur procedure: Step by Step

The exequatur not only legally validates a foreign judgment but also ensures a balance between international legal systems and Spanish law, guaranteeing that rulings issued in other countries are appropriately aligned with Spain’s regulatory framework. This process is essential for granting legal effect to foreign judgments within Spanish territory, particularly in matters of family law and marital status.

The process to obtain the recognition of a foreign divorce through exequatur involves several key stages, designed to verify that the ruling complies with legal requirements and respects the fundamental principles of the Spanish legal system.

1. Presentación de la demanda

To initiate the exequatur process, you must file a petition with the competent court of first instance, accompanied by all necessary documentation to substantiate your request. The essential documents include:

• Original Judgment: The official court ruling issued in the country of origin.
• Certification of Finality: Proof that the judgment is final, binding, and not subject to further legal appeals.
• Translated and Apostilled Documents: The judgment and any supporting documents must be officially translated into Spanish by a certified sworn translator and apostilled under the Hague Convention or duly legalized through consular procedures, ensuring their authenticity for recognition in Spain.

Each of these requirements is essential for the Spanish court to review and accept the recognition request.

2. Admission to processing

The judge will carefully review the submitted documentation to determine whether it meets the established legal requirements, ensuring that the documents are valid, properly translated, and apostilled. Additionally, the application must comply with all procedural regulations governing the exequatur process. Only if these criteria are fully satisfied will the request be accepted for processing.

3. Hearing with the parties

If the other party involved (spouse) resides in Spain, the court will formally notify them of their participation in the process. This ensures they have the opportunity to appear and present arguments, safeguarding their right to defense and adhering to the principles of contradiction and bilateralism inherent to judicial proceedings.

4. Judicial ruling

After thoroughly reviewing the submitted documentation and, if applicable, hearing the arguments from both parties, the judge will issue a ruling determining whether the recognition of the foreign judgment is warranted. This decision will be based on the fulfillment of legal requirements, the compatibility with Spanish public order, and the validity of the submitted documents.

5. Appeal

If either party disagrees with the court’s ruling, they may file an appeal within the legally established period, typically 20 business days from the notification of the decision. This appeal must be submitted to the same court that issued the initial ruling and will then be forwarded to the corresponding Provincial Court, which will have the final say on the matter.

6. Registration in the Civil Registry

Once the exequatur is granted, the next step is to register the divorce judgment with the Spanish Civil Registry. This registration is essential to ensure that the change in marital status has full legal validity in Spain. It allows the official record to be updated, ensuring the divorce is recognized in administrative processes and any future legal proceedings.

Key points of the Exequatur process

1. Compliance with Spanish Public Order: The content of the judgment must not violate the fundamental principles of the Spanish legal system, particularly in matters related to fundamental rights.
2. Recognition of International Jurisdiction: The foreign court that issued the judgment must be deemed competent under the applicable international agreements.
3. Authenticated and Formal Documentation: The judgment must be submitted in its official form, translated into Spanish by a certified sworn translator, and, where applicable, apostilled in accordance with the Hague Convention.

Impact of the Exequatur in practical cases

• Facilitates the registration of the divorce in Spain, allowing for the possibility of entering into a new marriage.
• Ensures the enforcement of property measures, such as the division of assets located in Spanish territory.
• Protects decisions regarding minors, safeguarding the fundamental rights of those involved.

When is the Exequatur Necessary?

The exequatur procedure is mandatory when:

• The judgment was issued outside of Spain:
  Example: A divorce granted in the United States or a non-EU country.

• No bilateral treaty or community regulations exist for automatic recognition:
  In the European Union, divorce judgments are recognized automatically under Brussels II bis Regulation (EC 2201/2003), except in certain exceptions.

• The judgment affects legal rights:
  Example: The division of real estate located in Spain or custody of children residing in Spain.

Requirements for the Recognition of a Foreign Divorce

For a Spanish court to recognize a foreign divorce judgment, the following criteria must be met:

• Jurisdiction of the Foreign Court:
  The ruling must have been issued by a court that, under its own laws, had proper jurisdiction over the case.

• Compliance with Spanish Public Order:
  The judgment must not contradict the fundamental principles of Spanish law, such as the right to defense or the best interests of the child.

• Absence of Procedural Fraud:
  The process must not have been manipulated to circumvent the legal rules of another country.

• Final Judgment:
  The ruling must be final and binding, with no pending appeals in the country where it was issued.

Required documentation for the Exequatur

To initiate the procedure, the following documentation must be submitted to the competent court:

• Legalized copy of the foreign judgment: It must be apostilled if the issuing country is a party to the 1961 Hague Convention.
• Certificate of Finality: A document confirming that the judgment is final and binding.
• Sworn translation into Spanish: If the judgment is in another language, it must be translated by a certified sworn translator recognized in Spain.
• Proof of identity: Documents such as DNI, NIE, or passport.

Exequatur procedure in Spain

The exequatur process unfolds in the following stages:

• Filing the Petition:
  The petition is submitted to the Court of First Instance in the applicant’s place of residence or where the affected assets are located.

• Notification to the Other Party:
  The court formally notifies the other spouse, who has the right to present arguments or objections.

• Judicial Review:
  The judge examines the formal requirements of the foreign judgment and its compatibility with Spanish public order.

• Final Ruling:
  The court issues a decision that either recognizes or denies the validity of the foreign judgment in Spain.

Timeframes and costs of the Exequatur procedure

• Timeframes:
  Although it depends on the court’s workload, the exequatur procedure typically takes 6 months to 1 year on average.

• Costs:
  These include lawyer and court representative fees, as well as potential expenses for translation and legalization of documents.

Practical tips for the Exequatur

• Consult a Specialized Lawyer:
  An experienced professional in private international law can streamline the process and prevent errors that might delay the resolution.
• Gather All Required Documentation:
  Ensure the judgment is properly apostilled and translated into Spanish by a certified sworn translator.
• Anticipate Potential Objections:
  If you suspect the other party may oppose the recognition, prepare strong arguments to reinforce your position.

Practical Example

A Spanish citizen divorces in the United States, where they were living with their American spouse. Upon returning to Spain, they wish to register the divorce with the Spanish Civil Registry to be able to remarry. To do so, they must initiate an exequatur procedure, submitting the U.S. divorce judgment properly legalized and translated, and demonstrating that it does not contradict Spanish public order.

Common mistakes and how to avoid them

• Incomplete Documentation: Ensure that all required documents are included, properly translated and apostilled.
• Deadlines and Notifications: Respond to court notifications within the specified timeframe.
• Lack of Legal Representation: Hire a lawyer with expertise in international law to guide you through the process.

Conclusion

The exequatur procedure in Spain is essential to ensure that foreign divorce judgments are legally valid and enforceable within Spanish territory. While the process may seem complex, working with a specialized lawyer ensures efficient handling and avoids unnecessary complications.

Recognizing a foreign divorce in Spain might appear challenging, but with the right guidance, you can avoid mistakes and streamline the process. Make sure to consult an expert in international and family law to guide you through every stage of the procedure.

Do you need help with the recognition of a foreign divorce in Spain? Contact us today for personalized advice and to ensure your rights are protected throughout the exequatur process.

➡️ Talk to our exequatur specialists now. We’re spanish english speaker lawyers here to help you.

Sources.

Related regulations

• Regulation (EU) 2016/1191:
  This regulation simplifies the requirements for presenting certain public documents within the European Union and may apply in divorce cases by eliminating the need for apostilles between Member States.

• New York Convention of 1958:
  In specific cases involving the recognition and enforcement of judicial decisions in civil matters, this convention can apply to international situations not covered by European regulations.

• Spanish Civil Code:
  Provides the legal foundation for the registration and recognition of foreign judgments related to marital status in official Spanish records.

• Regulation (EU) 1215/2012 – Brussels I bis:
  Governs the recognition and enforcement of judgments in civil and commercial matters, complementing the provisions of the Brussels II bis Regulation.

• Bilateral Agreements:
  Spain has signed several bilateral agreements with non-EU countries that include specific provisions on the recognition and enforcement of judicial decisions. Examples include agreements with Morocco, Mexico, and Brazil.

These regulations complement the legal framework for the exequatur procedure, ensuring proper application based on the origin of the judgment and the specific international relations between Spain and other countries.

Frequently Asked Questions (FAQs) about Exequatur and foreign divorces in Spain

1. How long does the exequatur process take?
   On average, the process takes 6 to 12 months, depending on the complexity of the case and the court’s workload.
2. Is it necessary for both parties to agree?
   No, but if the other party opposes the recognition, the procedure could become more complicated and may require additional evidence.
3. What happens if the exequatur is not filed?
   Without recognition, the divorce will not have legal validity in Spain, potentially causing issues with future marriages or legal procedures.
4. Does the exequatur apply to judgments within the European Union?
   In many cases, judgments issued in the EU do not require an exequatur, except in specific exceptions. Generally, the exequatur procedure is unnecessary for EU judgments due to Regulation (EC) 2201/2003 – Brussels II bis (applicable to matrimonial and parental responsibility matters) and Regulation (EU) 1215/2012 – Brussels I bis (for civil and commercial matters).
5. What costs are associated with the procedure?
   These include lawyer fees, court fees, and expenses for translation and legalization of documents.
6. Can an exequatur request be denied?
   Yes, if the judgment contradicts Spanish public order or does not meet the formal requirements.

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