Recognition of Foreign Divorce in Latvia

Recognition of a foreign divorce in Latvia lets a divorce granted abroad count in Latvia, so that the civil status register (civilstāvokļa aktu reģistrs) and the Population Register show the person as divorced. Some older lists and lawyer pages call this service “Register Foreign Divorce”. People also search for registering a foreign divorce in Latvia, recognition of a foreign divorce decree or exequatur. In Latvian the court procedure is the recognition of a foreign court decision, ārvalsts tiesas nolēmuma atzīšana, and the result is noted in the marriage record by a registry office (dzimtsarakstu nodaļa).

Who needs it

Latvian citizens and residents who divorced abroad, foreigners who want to marry again in Latvia, and anyone whose Latvian residence, property or inheritance matter depends on proving that an earlier marriage has ended. It comes up most with divorces from outside the EU, for example from the United Kingdom, the United States, Ukraine or Russia.

How it works in Latvia

A divorce from an EU country. Under EU rules a divorce granted in another member state is recognised without any special procedure. The decision is presented together with the certificate issued in the country of origin, and the Latvian registry updates the record.

A court divorce from outside the EU. The decision goes to a Latvian court under the Civil Procedure Law. The court does not retry the divorce: it checks matters such as whether the decision is final, whether the other spouse was properly notified and able to take part, whether it clashes with a Latvian judgment and whether it is compatible with Latvian public policy. Once recognised, the decision is the basis for the entry in the register. A treaty between Latvia and the other country can change the route.

A divorce granted by a registry office or a notary abroad. Not every country divorces through a court. How a divorce made outside a court is accepted in Latvia depends on where it was made and on the documents issued, and is checked case by case.

Points to keep in mind

• Documents. A decision from outside the EU usually needs an apostille or legalisation, proof that it is final and a certified translation into Latvian.
• Related orders. Decisions on children, maintenance or property in the same judgment can raise separate questions of recognition and enforcement.
• A marriage never recorded in Latvia. Where the marriage itself is missing from Latvian records, it may first need marriage registration there.
• Distance. The procedure can usually be handled through a representative under a power of attorney, without travelling.

What a lawyer does

A lawyer identifies the correct route, gathers the decision, the proof that it is final and the translations, files the application with the court where one is needed, answers any objection and follows the matter until the register is updated and a new certificate can be issued.

Questions and answers

Is a UK divorce recognised automatically in Latvia?

Not in the way an EU divorce is. A divorce from the United Kingdom is now treated as a decision from outside the EU, and a lawyer checks which recognition rules apply to it.

Can I remarry in Latvia before the foreign divorce is recognised?

The registry office checks that any earlier marriage has ended before it accepts a marriage application, so recognition is usually dealt with first.

Does my former spouse have to take part?

The former spouse can be informed and allowed to respond, but the court looks only at the formal grounds for recognition, not at who was right in the divorce.

I divorced in Latvia and need proof for another country. Is this the same service?

No. That is a request for a divorce certificate or decree copy; a divorce that has not happened yet is covered under divorce in Latvia.