Exequátur (Foreign Judgment Recognition)
Exequátur (Foreign Judgment Recognition) — Exequátur is the judicial process by which a foreign court judgment or decision is recognised and declared enforceable in Spain. It is essential for giving legal effect in Spain to foreign divorces, custody orders, adoptions, maintenance obligations, and commercial judgments.
If you divorced in the UK, the US, or another country and now live in Spain, your divorce is not automatically recognised here. You need an exequátur to register the divorce with the Spanish Civil Registry, update your marital status, and ensure that custody and financial arrangements are enforceable. The same applies to foreign custody orders, maintenance judgments, and commercial arbitration awards. Without recognition, the foreign decision has no legal force in Spain.
When Do You Need Exequátur?
- Registering a foreign divorce in Spain
- Enforcing a foreign custody or access order
- Enforcing foreign maintenance/alimony orders
- Recognising a foreign adoption
- Enforcing a foreign commercial judgment or arbitration award
The Process
For EU judgments, EU regulations (Brussels II-ter for family matters, Brussels I recast for civil/commercial) provide simplified recognition procedures. For non-EU judgments (UK post-Brexit, US, etc.), the process goes through a Spanish court. You must file the original judgment with apostille, a sworn Spanish translation, and a certificate that the judgment is final and enforceable. The Spanish court checks that the foreign court had jurisdiction, that the defendant was properly notified, and that the judgment does not contradict Spanish public policy. Processing takes 6 to 18 months depending on the court’s caseload.
Key Facts About Exequátur
- EU family judgments benefit from automatic recognition under EU regulations
- Non-EU judgments (UK, US, etc.) require a full court process
- All documents must be apostilled and translated by a sworn translator
- The Spanish court does not re-examine the merits of the case — only procedural fairness
- A lawyer is mandatory for filing the application
- Processing time: 6 to 18 months for non-EU judgments
- Without exequátur, a foreign divorce is not recognised — you remain married under Spanish law
Related Legal Terms
- Régimen Económico Matrimonial (Marital Property Regime)
- Legítima (Forced Heirship Portion)
- Testamento Abierto (Open Will)
- NIE (Número de Identidad de Extranjero)
- Back to Legal Encyclopedia — A-Z Guide
Need Help with Exequátur?
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This entry is part of our Legal Encyclopedia for Expats in Spain. Browse the full A-Z guide for more terms.
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