This is the blog you should read if you got divorce in United Kingdom or Ireland but you want to put it into force in Spain.
Under European Council Regulation (EC) No 44/2001, of 22nd December, it is possible to ask for a foreign order to be executed in Spain. The procedure for putting the order into effect will be a Spanish procedure.
We need to take into consideration:
- If you got divorced abroad, the sentence is not effective in Spain unless you make the judgment valid through a process called “EXEQUATUR”. If you got divorced abroad, the sentence is not effective in Spain unless you make the judgment valid through a process called “EXEQUATUR”.
- “EXEQUATUR” is a procedure that allows the judgment to be effective and have effects in another country (Spain). Under no circumstance there will be a revision of the sentence/judgment settled abroad. The process only recognizes the validity of a judgment issued in a court and, therefore, allows being executed in Spain.
- The EXEQUATUR process can be issued at the request of :
- The person in whose favour the judgment was issued in a foreign country.
- The person to whom the recognition of the judgment causes a loss or prevents a benefit.
- The EXEQUATUR process starts with a lawsuit/claim which has to be written and legally signed by a lawyer. The documentation which has to be included and submitted with the claim will be:
- General Power of Attorney (POA) for litigation. If the client is abroad, the POA will be draft by the lawyer and it will be sent to the client for its legalization in his home country.
- Copy of the original sentence with the “Apostille” of The Hague.
- Sworn translation of the sentence.
- Passport copy/ies
- Specific documentation for each case (i.e.: Marriage Certificate, birth certificate of children, divorce agreement, divorce sentence,…)
- The EXEQUATUR process is usually used to:
- Recognize the divorce issued abroad (at least one of the spouses needs to reside in Spain or have the Spanish nationality).
- Force the payment of the maintenance recognized and sentenced in a foreign country but only when the obligated resides in Spain or has the Spanish nationality.
- Force the payment of a sum of money which was recognized and condemned in a judgment and the executed has their permanent residence or nationality in Spain.