Alvaro
Lawyer · Fuengirola, Spain
- 1,584 cases handled · 2 in this service
- 14+ years in practice
- Speaks: English
- Law, Jaén
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4.97(146 reviews)
Recognition of a foreign divorce in Spain is the way a divorce granted in another country is accepted for use in Spanish records and procedures. It is also called registering a foreign divorce, recognising a foreign divorce decree or exequátur. It matters to people who divorced abroad and now live in Spain, want to remarry, deal with property or need the Spanish registry to show their correct marital status. Some older lists and lawyer pages call this service “Register Foreign Divorce”.
A divorce decision from a court in another EU country is generally recognised under EU rules without a separate court procedure, and can be entered in the civil registry with the right documents. For a divorce from outside the EU, a treaty between Spain and that country may apply. If there is none, the divorce goes through the exequátur procedure before a Spanish court, which checks that the foreign decision can be accepted.
The original decree is usually needed, legalised or apostilled and with a sworn translation into Spanish. Arrangements for children or maintenance decided abroad may need separate recognition or enforcement, see enforcement of foreign judgments. A copy of the decree can be obtained as described in divorce certificate or decree copy.
A divorce from an EU court is generally recognised under EU rules. A divorce from a non-EU country often needs a treaty check or the exequatur procedure. Each case is assessed individually.
Exequatur is the Spanish court procedure that gives a foreign court decision effect in Spain. The court checks formal requirements; it does not re-try the divorce.
Typically the original decree with an apostille or legalisation, a sworn translation, and proof that the decision is final. The exact list depends on the country that issued it.
Not necessarily. Arrangements for children and money may need to be recognised or enforced as well, and the procedure can differ from the one for the divorce itself.
No. Recognition accepts the foreign decision; registration updates the civil registry record of the marriage. Where recognition is required, it comes first. See also divorce in Spain.
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