How to execute a foreign divorce in Spain?
If you got married abroad and you want to execute your divorce in Spain, this is the blog you should read.
Am I divorce in Spain if I got married abroad?
Having a divorce sentence in your country does not mean that you are divorce in Spain.
In order to make the judgement valid in Spain, you need to undertake a process called “EXEQUATUR”.
What “exequatur” means?
The exequatur is a procedure that allows the judgement in a country to have effects in Spain.
The exequatur only recognises the validity of a judgement issued by a country and its execution in Spain.
When you need an “exequatur”?
The most frequent cases are the following:
1.- Applications for recognition of divorce judgements of a marriage abroad, when at least one of the spouses is of Spanish nationality or resident in Spain.
2.- In order to force a person resident in Spain to pay maintenance recognised in a judgement issued in a foreign country.
3.- When it comes to enforceable judgements in which the payment of a sum of money is condemned and the executed has their permanent residence or headquarters, in case of a company, in Spain.
Who can request an “exequatur”?
The process can be undertaken by:
1.- Any person in whose favour the judgement was issued in a foreign country.
2.- Any person to whom the recognition of the judgement causes a loss or prevents a benefit.
What documents do I need to be able to present an “exequatur”?
Spanish lawyer will draft the demand for “exequatur” to be issued at the Court.
Together with the demand, the lawyer will submit the following documentation:
- General Power of Attorney for litigation. (we will draft the POA for you and we send it so you will be able to legalize it in your country without visiting Spain).
- Photocopy of Passport
- Certificate of marriage, birth certificate of children if any, and regulatory agreement if the divorce has been mutually agreed.
- Copy of the sentence with the “Apostille” of The Hague.
- Sworn translation of the sentence and Apostille (if it is in a language other than Spanish).
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