How to execute a foreign divorce in Spain
If you were married and divorced in another country, it’s easy to assume that everything has been put to bed and the divorce is automatically recognised everywhere. However, in practice, this is not always the case, and a divorce judgment issued abroad does not automatically have legal effect in Spain.
If you need your divorce to be recognised in Spain because you want to remarry, deal with financial matters, or resolve other legal issues, an additional legal step may be required. In many cases, this involves a process known as exequatur, which allows a foreign court judgment to be recognised by the Spanish legal system.
At Gascón Bernabéu, our English-speaking solicitors are here to help. If your divorce was granted in another country, it can be difficult to know what steps you need to take for it to have legal effect in Spain. We can guide you through the process, explain how the legal system works in this situation, and handle the formal steps required to have the judgment recognised.
What is exequatur?
Exequatur is the legal procedure used to recognise a judgment issued by a foreign court so that it can have legal effect in Spain. In simple terms, it allows a court decision issued in another country to be recognised and enforced within the Spanish legal system.
This process does not involve reviewing the divorce itself or reconsidering the decision made by the foreign court. The Spanish courts are not re-examining the case or deciding whether the divorce should have been granted. Instead, the purpose of the procedure is simply to confirm that the judgment meets the legal requirements to be recognised in Spain. Once this is established, the decision can be formally recognised so that it has legal effect under Spanish law.
When is exequatur required?
Situations that require exequatur arise when a legal decision made in another country needs to be recognised within the Spanish legal system. People increasingly live, work, or own property in more than one country, and this can sometimes lead to legal matters crossing different legal systems. When that happens, the Spanish courts may first need to formally recognise the decision made abroad before it can have legal effect in Spain.
The exact circumstances will vary from case to case, but the situations below are among the most common:
Recognition of foreign divorce judgments
One of the most common situations in which exequatur is required is when a divorce has been granted outside Spain. Even if the divorce is already legally valid in the country where it was issued, that does not automatically mean it will be recognised under Spanish law.
If one of the spouses lives in Spain or has Spanish nationality, the divorce judgment may need to be formally recognised before it has legal effect here. Once the decision has been recognised through the exequatur process, the divorce can be treated in Spain as if it had been granted by a Spanish court.
Enforcing maintenance payments
Exequatur may also be required where a court in another country has ordered maintenance payments and the person responsible for those payments lives in Spain. In this situation, the judgment issued abroad usually needs to be recognised by the Spanish courts before it can be enforced here. Once recognised, the maintenance obligation can be applied and enforced under Spanish law.
Enforcing financial judgments
In some cases, a foreign court judgment may require the payment of a specific sum of money. If the person or company responsible for making that payment is based in Spain, the judgment may need to be recognised before it can be enforced. The exequatur procedure allows Spanish courts to recognise a decision issued abroad so that it can be enforced in Spain.
Who can request exequatur?
An application for exequatur can be made by different people depending on the circumstances of the case. In many situations, the request is made by the person who benefits from the foreign judgment and wants it to be recognised in Spain.
In other cases, a person who may be affected by the recognition of the judgment can also request the procedure. This might happen where recognising the foreign decision could cause a legal disadvantage or prevent that person from obtaining a potential benefit under Spanish law. For example, a foreign court decision about property or financial obligations might have consequences for someone living in Spain. In these cases, the person affected may also apply for exequatur so that the Spanish courts can determine whether the judgment should be recognised.
What documents are required for exequatur?
An application for exequatur must be submitted to the Spanish courts by a lawyer. Along with the application, several supporting documents must be provided so the court can confirm the authenticity of the foreign judgment and verify that the proper legal process was followed in the country where the decision was issued.
These typically include:
A copy of the foreign judgment with the Hague Apostille – This is the official court decision issued abroad. The Hague Apostille confirms that the document is authentic and was issued by a recognised authority in the country where the judgment was made.
A certificate confirming the judgment is final – The Spanish court must be satisfied that the decision is final and no longer subject to appeal in the country where it was issued.
Proof that the judgment was served on the defendant – The court needs evidence that the other party in the case was properly notified of the proceedings, or confirmation that the judgment was issued in default.
A sworn translation of the judgment (if it is not in Spanish) – If the judgment is written in another language, it must be translated by a sworn translator recognised in Spain so the court can review it. We can assist you with getting a translation if necessary.
A photocopy of the applicant’s passport – Identification is required to confirm the identity of the person requesting the recognition of the judgment.
A general Power of Attorney for litigation – This allows one of our English speaking solicitors to act on the applicant’s behalf in Spain and deal with the legal steps involved in the exequatur procedure.
In cases involving the recognition of a divorce judgment, additional documents may also be required, such as a marriage certificate, birth certificates of any children, and the regulatory agreement if the divorce was granted by mutual consent.
If you would like to discuss having a foreign divorce recognised in Spain, our English-speaking solicitors are here to help. We can explain how the process works, review your situation, and guide you through the steps required to have the judgment recognised under Spanish law.
You can get in touch with our team for a no-obligation consultation by completing the contact form on our website, emailing info@gbabogados.co.uk, messaging us on WhatsApp, or calling us at +44 (0)20 3137 1320.
