Exequatur in Spain

Zabalgo Abogados / Exequatur in Spain

What is the exequatur and what is it used for?

Exequatur is the judicial procedure by which Spanish courts recognise and, where appropriate, allow the enforcement in Spain of a judgment handed down by a foreign court. In international family law, it is the route for foreign rulings on divorce, custody, maintenance or adoption to produce full legal effects in Spain.
A foreign judgment does not automatically take effect in Spain. Exequatur serves precisely to homologate that ruling and allow, for example, its registration in the Civil Registry or its enforcement. However, in many cases —especially within the European Union— recognition takes place without any special procedure, although the other party may still oppose it and certain controls remain, such as public policy or default of appearance.

Legal framework

Outside the scope of the European Union and applicable international conventions, exequatur is governed by Law 29/2015, of 30 July, on international legal cooperation in civil matters (Articles 41 et seq.), which regulates the recognition and enforcement of foreign judgments in Spain.
Within the EU, European regulations take precedence, such as Regulation (EU) 2019/1111 (Brussels II ter) on matrimonial matters and parental responsibility, or Regulation (EC) 4/2009 on maintenance obligations, which in many cases remove the need for exequatur.
In matters of international adoption, the specific rule prevails: Law 54/2007, of 28 December, on International Adoption, which takes precedence over Law 29/2015 by the principle of speciality (Article 2 of Law 29/2015).

When is exequatur required?

The most common exequatur proceedings in family law relate to:

Recognition of foreign divorces: allows a divorce judgment issued in another country to take effect in Spain and be registered in the Civil Registry, making it possible, among other things, to remarry.
Custody of children: recognises measures adopted by a foreign court on custody, contact arrangements or parental responsibility.
Maintenance and spousal support: allows the enforcement in Spain of financial obligations set abroad.
International adoptions: in certain cases the foreign ruling must be recognised for the adoption to produce full effects.

Requirements for recognising a foreign judgment in Spain

In general, exequatur requires the following conditions, which correspond to the grounds for refusal in Article 46 of Law 29/2015:

The ruling must be final: it must be final and not subject to appeal in the country of origin.
It must not be contrary to Spanish public policy: it cannot breach essential principles of the legal order or fundamental rights.
The respondent must have been properly served: they must have been aware of the proceedings and able to exercise their defence.
No prior proceedings in Spain between the same parties on the same subject matter.
No conflicting Spanish judgment on the same issue.

How is exequatur obtained in Spain?

The application is filed by claim before the competent Court of First Instance, with the mandatory involvement of a lawyer and court representative (procurador). Under Article 52 of Law 29/2015, territorial jurisdiction lies with the court of the domicile of the party against whom recognition or enforcement is sought; subsidiarily, with the court of the place of enforcement or where the ruling is to take effect. The following are usually required:

Certified copy of the foreign judgment.
Legalisation or Hague Apostille, where applicable.
Sworn translation into Spanish.
Document certifying that the ruling is final and enforceable.
Proof of proper notification to the respondent, where necessary.

Exequatur and the European Union: is it always necessary?

No. In many divorce, separation, marriage annulment or parental responsibility proceedings issued in EU Member States, European regulations allow recognition without any special procedure, avoiding exequatur (save for certain special cases and without prejudice to the available grounds for opposition). It is therefore essential to analyse the country of origin of the ruling and the applicable rules in each case.
Note on the United Kingdom: following Brexit, UK rulings no longer benefit from EU regulations. Their recognition in Spain is governed by Law 29/2015 or, where applicable, by the relevant Hague Conventions.