EXEQUATUR LAWYERS

We review the foreign resolution to assess whether it can be enforced in Spain. This includes analysing applicable regulations and international agreements with the country of origin. We have specialised experience with judgments issued in Chile, Romania, and other EU countries.

After an in-depth review, our professionals will inform you about:

• The viability of the procedure.
• Estimated costs.
• Potential legal obstacles.

We handle your representation before Spanish courts throughout the entire exequatur process.

When necessary, we manage the enforcement of the recognised judgment in Spain, such as:

• Monetary claims.
• Enforcement of civil or family-related obligations.

The most common matters we handle include:

• Divorce and annulment.
• International adoption.
• Child custody and visitation arrangements.
• Financial and asset-related resolutions.

For a foreign judgment to have legal effect in Spain, it must go through the exequatur process. The main requirements are:

1. Final and binding judgment: it must be proven that the resolution is not subject to appeal in the country of origin.
2. Authenticity: the judgment must be accompanied by an official certified copy issued by the foreign court.
3. Sworn translation into Spanish: required if the document is in a different language.
4. Legalisation or apostille: unless an international agreement exempts it, the judgment must be legalised or apostilled (Hague Convention).
5. Power of attorney: the applicant must grant our lawyers a notarised power to act on their behalf in court.

At Davo Law Offices, we assist in gathering all required documentation and verify its validity before filing the claim, avoiding delays or rejections.

Yes, we specialise in international divorce exequatur. This process is essential when a couple divorces abroad and needs the judgment to be legally recognised in Spain.

Some practical examples:

• Marriage in Spain, divorce abroad: if one spouse obtains a divorce in another country, exequatur is required for the divorce to be reflected in the Spanish Civil Registry.
• Custody and maintenance: foreign judgments often include measures relating to custody, child support, or visitation. Without exequatur, these cannot be enforced in Spain.
• Division of assets: if there are assets in Spain (property, bank accounts), the foreign judgment can only be enforced after exequatur recognition.

Thanks to our experience in divorce exequatur, we provide an efficient and secure process to ensure that foreign resolutions are fully effective in Spain.

Any person or entity with a legitimate interest in having a foreign resolution recognised in Spain may apply. Common cases include:

• Individuals: spouses seeking recognition of a divorce, or parents requesting enforcement of custody or maintenance orders.
• Companies and professionals: businesses seeking to enforce commercial judgments, unpaid invoices, compensation, or contractual obligations.
• Institutions or public bodies: in cases involving adoption, guardianship, or other foreign-issued resolutions.

Our team evaluates the applicant’s standing and ensures that all legal requirements are met.

While most exequatur applications are successful, Spanish and international law provide several grounds for denial:

1. Contradiction with Spanish public order: judgments containing discriminatory provisions or violating fundamental rights.
2. Lack of jurisdiction of the foreign court: when the issuing court did not have jurisdiction under international private law rules.
3. Lack of procedural guarantees: including lack of proper notification, violation of the right to defence, or absence of due process.
4. Non-final judgment: if the resolution is still subject to appeal.
5. Conflict with a prior Spanish judgment: when an existing Spanish resolution addresses the same matter between the same parties.

At Davo Law Offices, we carefully assess each case beforehand to identify potential risks and develop a legal strategy that minimises them.

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