Getting a foreign divorce or court order recognised in Spain (exequátur)

Terms used

• Exequátur — Exequátur is the Spanish court procedure that gives a non-EU foreign judgment legal effect in Spain.
• Registro Civil — The Registro Civil is the Spanish civil registry that records births, marriages, divorces and similar events.
• Procurador — A procurador is a court representative who files and handles paperwork for you in Spanish court cases, alongside your lawyer.
• Auto — An auto is a court decision on a procedural or preliminary matter, given in writing.

Key rules

• EU orders: Divorce and custody decisions from EU states other than Denmark are recognised without a special procedure.
• Non-EU orders: UK, US and other non-EU orders go through Spanish rules, and need exequátur if contested, refused by the registry, or to be enforced.
• Remarrying: Get a foreign divorce annotated in the Registro Civil before you plan to remarry in Spain.
• Reply time: In an exequátur case the other party and the prosecutor have 30 days to reply.

The short answer

It depends on where the order comes from and what you need to do with it.

• Orders from other EU countries (except Denmark) are recognised in Spain with little formality. No special court procedure is needed.
• Orders from outside the EU, including the UK and the US, may need a Spanish court procedure called exequátur.
• A foreign divorce must be registered in Spain before you can remarry here.

The decision, timeline, documents and checklist below walk you through each step.

Orders from other EU countries

Divorce and child-custody decisions from another EU state are recognised in Spain automatically. The Registro Civil updates its records when you give it the decision and the certificate issued by the court that made it. Ask that court for the certificate early.

Enforceable custody decisions can also be enforced in Spain without a separate declaration. You use the same court certificate.

Recognition can be refused only on limited grounds:

• it clearly goes against Spanish public policy, with the child's best interests in mind;
• the other party did not appear and was never properly served;
• it clashes with a later decision;
• for child decisions, the child was not given a chance to be heard.

If you want certainty, any interested party can ask a court to decide on non-recognition. This is optional.

Orders from outside the EU

After Brexit, UK orders no longer get the EU treatment. US orders never did, because there is no general treaty between the US and Spain. Both follow the same route as other non-EU orders. Some treaties, such as the Hague child-support convention, can also apply.

You need exequátur in these cases:

• the divorce was contested;
• the registry refuses to recognise the decision;
• you need to enforce custody, support or other financial terms.

You may not need it if you only want the divorce on record. For an uncontested, final divorce from a competent authority that respected due process and public policy, the Registro Civil can often recognise it itself. Whether it does depends on the registry, and registries differ on the proof of finality and translation they ask for. Ask before you start a court case.

Registering a foreign divorce

You cannot remarry in Spain until the divorce is annotated in the Registro Civil. Apply at the Registro Civil of your home area, at a consulate's registry, or at the Registro Civil Central. Do this well before you plan a wedding.

How exequátur works

1. Hire a lawyer and a procurador. Both are mandatory.
2. File at the Juzgado de Primera Instancia. This is usually the court where the other party lives, or where the order will take effect.
3. The other party and the prosecutor have 30 days to reply.
4. The court decides, with a hearing only if needed. It issues its decision as an auto.
5. You can appeal to the Audiencia Provincial.

Expect several months, often 6 to 12 or more.

Choosing between options

Does your foreign order need a Spanish court procedure (exequátur)?

• EU decision: no special procedure: The decision comes from an EU country other than Denmark. It is recognised automatically, and you bring the court's certificate to the Registro Civil.

• UK, US or other non-EU divorce: registry only: The divorce is uncontested and final, and the Registro Civil is satisfied the authority had jurisdiction and public policy was respected.

• Non-EU order: go to court (exequátur): The case was contested, the registry refuses, or the order has custody or money effects that need enforcing.

EU decisions need no procedure. For other countries, the registry route works for final, uncontested divorces; contested cases and enforcement need exequátur.

Timeline and deadlines

• Hire a lawyer and a procurador, both mandatory, and gather the apostilled, translated documents: before you file

• File the request with the Juzgado de Primera Instancia of the court area where the other party lives or where the order will take effect: after your documents are ready

• The other party and the prosecutor reply to your request: 30 days

• The court decides, with a hearing only if needed: after the replies come in

• Appeal the court's decision to the Audiencia Provincial if you disagree: after the decision

Documents you need

• The foreign decision, as the original or a certified copy, legalised or apostilled.

• Proof that the decision is final (firmeza), issued by the foreign court.

• Proof that the other party was served, if that party did not appear in the foreign case.

• A sworn translation of the decision into Spanish.

• For an EU decision, the certificate issued by the court that made it. The Registro Civil needs it to update its records.

Checklist

• Check whether your foreign divorce is uncontested and final, since the Registro Civil may then recognise it without a court.

• Ask the Registro Civil of your home area, or the consulate's registry, whether it will register the decision directly.

• Go to court for exequátur if the divorce was contested, the registry refuses, or you need to enforce custody or money terms.

• Get the divorce annotated in the Registro Civil before you plan to remarry in Spain.

• Bring the court certificate with an EU decision when you ask the registry to update its records.

Frequently asked questions

Can a Spanish registry accept my foreign divorce without a court procedure?

Yes, the Registro Civil can often recognise a foreign divorce itself if the authority had jurisdiction, public policy was respected and the decision is final. If the divorce is contested or the registry refuses, you need a court procedure first.

Do UK and US divorce orders get the EU treatment after Brexit?

No, UK decisions no longer benefit from the EU rules and US decisions never did. Both go through Spain's international cooperation law, and some treaties, such as the Hague child support convention, may also apply.

Can I challenge the recognition of an EU decision in Spain?

Yes, any interested party can ask a court to decide that an EU decision is not recognised, but only on limited grounds. These include a clash with public policy, no proper service on a party who did not appear, a conflicting later decision, or no hearing for the child.

Can I appeal if the Spanish court decides on my exequátur?

Yes, the court's decision is made by an auto, which can be appealed to the Audiencia Provincial. The whole procedure usually takes several months, often 6 to 12 or more.