How to apply for an Exequatur in Spain?

An exequatur is the official and legally binding recognition of a foreign judgment. Any interested person can apply for this certificate. But for this, there must be an enforceable resolution, be the liquidation of the proceedings, and have been resolved voluntarily. To apply for it you must have a family lawyer who is specialized in the matter.

What documents are required?

First of all, you must gather the necessary documentation:

• Original or photocopy of the foreign resolution and documents proving its soundness.
• Identification document of the plaintiff.
• Child custody agreement and birth certificate (if divorced).

How to proceed with the exequatur?

If you already have all the documents, we must file a request for action before the court of first instance. Although if it is a commercial matter, it must be filed before the commercial court where the judgment was rendered or where the judgment takes effect. The application must then be communicated to the other affected party, who will have 30 days to object. After this time, the application will be resolved with the request within 10 days. Finally, if necessary, an appeal may be lodged against the order issued.

Foreigners, Spaniards legally residing in Spain or who have obtained a divorce decree abroad and wish to have it in force in Spain, must fulfill a series of requirements in order to consider the decree, an action known as exequatur.

What are the requirements?

• The matter must not violate public order.
• The documents submitted must be countersigned by the judicial and diplomatic authorities of the country of origin.
• In the enforcement proceedings, the party requesting or seeking recognition of the judgment must be represented and assisted by counsel, except in certain cases in which it is registered directly in the Civil Registry.
• Registration of foreign judgments and matrimonial decisions.
• Proof that the judgment has been served on the defendant or, as the case may be, that the judgment has been rendered in default of appearance.
• If the divorce is consensual, the custody agreement must be legalized and apostilled.
• If the judgment is in a language other than Spanish, a sworn translation must be attached.
• Verbatim marriage certificate.
• Verbatim birth certificate of the child, if available.
• Marriage certificate from the Spanish Registry (if applicable).
• General power of attorney for legal proceedings (must be country specific and legalized at the Spanish consulate).
• DNI a copy. or N.I.E. for Spanish citizens.

Registration

The marginal inscriptions referring to the marital divorce may be made by negotiating the foreign divorce decree, provided that it has been previously recognized in Spain in accordance with the provisions of the procedural law, through the corresponding Spanish exequatur in the court of first instance. From the date of execution, foreign judgments are effective in the Spanish legal system.

The Regulation of the Council of the European Union of May 29, 2000, repealed on November 27, 2003, provides for the repeal of the aforementioned exequatur procedure with respect to judgments in matrimonial matters. The Council Regulations require that, in order for a foreign judgment of separation to be recognized in other countries, a copy of the judgment and a certificate issued by the jurisdiction that rendered the judgment must be filed with the relevant civil registry under the terms prescribed to be annexed to the regulation.

The Community Regulation has no retroactive force and cannot support the claim for recognition of judgments rendered prior to its entry into force. The jurisdiction of the ratification corresponds to the corresponding court of first instance.

The effect of the exequatur must be understood as extending to the temporal effect of an accepted judgment and, therefore, it has effect from the date on which the judgment becomes final. For the recognition of divorce judgments issued in foreign countries to which no international convention or treaty applies, the provisions applicable to recognition are those of Article 2. Article 41 et seq. of Law 29/2015, of July 30.

What are the functions of the exequatur?

The purpose of the exequatur is to recognize a foreign judgment so that, once confirmed, it has the same effects as a Spanish court decision.

The procedure is regulated by Law 29/2015 on international legal cooperation in civil matters and takes into account the following functions:

• Jurisdiction: Jurisdiction lies with the court of first instance of the domicile of the party whose recognition or enforcement is sought.
• Concessions: Concessions may be refused or granted in whole or in part by notice of resolution. It may not be refused for applying a legal system different from the Spanish private international law.
• Subject Matter: the exequatur does not decide on the merits of the case.
• Application for enforcement: the granting of an exequatur must be distinguished from its enforcement.
• If it is a foreign language, there must be an adequate official translation. They must prove the finality of the decision and its enforcement in the country of origin.

If the decision is made in default, it must be confirmed by sending or serving a summons or similar document.

On what grounds could the exequatur be denied?

They are detailed in Article 46 of the Law on International Judicial Cooperation in Civil Matters, which establishes that a final foreign judgment will not be examined in the following cases:

• Violate public order.
• Issued in violation of the rights of defense or in default of both parties.
• They deal with matters that are the exclusive competence of the Spanish courts.
• Are not compatible with a decision issued in Spain or with another decision previously issued in another country, if the conditions for Spanish recognition are met.