The UK’s departure from the EU, effective on 31 December 2020, has made the recognition and enforceability of UK judgements in Spain more complex and time-consuming than they used to. The enforcement of UK judgments in Spain (where proceedings were instituted after the said date) requires obtaining prior recognition (exequatur).
This article provides a general overview about what exequatur divorce procedures are, how and when to apply, and how to organise your Spanish sworn translations for such procedure.
Contents
About exequatur divorce procedures in Spain
What are exequatur procedures?
For the specific purposes of this article (aimed at UK couples where one spouse is either a Spanish national or moves to Spain), the term ‘exequatur’ refers to the legal procedure required for the recognition and enforcement of UK judgments in Spain where proceedings were instituted in the UK after 31 December 2020.
The enforcement in Spain of UK judgments instituted in the UK before 31 December 2020 was (and still is) governed by a simplified regime applicable throughout the EU (known as ‘Brussels I bis’). A UK judgment granted before that date can be registered in Spain by requesting its registration at a Spanish Civil Registry Office (and submitting a Spanish sworn translation of the judgment) or at a Spanish consulate in the UK.
Since the UK is no longer a member of the EU, UK judgments instituted in the UK from 1 January 2021 require prior recognition via an exequatur procedure before they can be registered and enforced in Spain.
Who needs an exequatur procedure for a divorce?
One common scenario I come across as a Spanish translator is when a multicultural couple married and got divorced in the UK and one of the parties either is a Spanish national or lives in Spain. Normally, the person in whose favour divorce was granted would be the one requesting the exequatur procedure.
What does an exequatur divorce procedure involve?
A party seeking the recognition and enforcement of a divorce granted in the UK from 1 January 2021, must initiate the exequatur procedure in Spain by filling a petition for exequatur and submitting a series of documents, including but not limited to:
- The original final divorce order (or an authenticated copy thereof), duly legalised and apostilled.
- Proof that the divorce order is final (and unappealable)
- The marriage certificate
- In cases of judgment in default, proof the judgement being notified to the other party.
- A copy of ID or passport
- A general power of attorney for litigation
- Birth certificates of any children
- Divorce settlement agreement
- Spanish sworn translations of any documents originally issued in a language other than Spanish
Regarding orders:
For divorces granted in England and Wales: a final order is required for divorce applications made from April 2022 (a decree absolute is required for applications made until April 2022).
For divorces granted in Scotland: an extract decree of divorce is required.
At the end of the proceedings (if successful), the Spanish court will grant the recognition of the UK divorce order, which will allow the said order to be registered and take full effect in Spain.
Sworn translations for exequatur divorce procedures in Spain
About Spanish sworn translations
Sworn translations are translations certified by a sworn translator who has been duly appointed as such by the Spanish Ministry of Foreign Affairs. They are required as part of official procedures such as exequatur divorce procedures.
Find more information on my blog, where I provide clear answers to Spanish sworn translations FAQs.
The role of sworn translations
Sworn translations do not replace originals; they are supporting documents and you must always submit translations together with the corresponding original documents as part of your application or procedure.
When to request your Spanish sworn translations
Your UK documents must be (1) legalised/apostilled and (2) translated as part of the process. Since Apostilles come in a multilingual format, they do not need to (but can) be included in translations, meaning you can request Apostilles either before or after sworn translation. The main thing to remember is not to skip that step. Make sure that you have all original documents apostilled and all sworn translations ready for submission.
How to arrange sworn translations
As a Spanish sworn translator myself, I will be happy to help with any translations you need as part of your exequatur divorce procedure. Once you have gathered all documents requiring translation, get in touch and send full scanned copies by email to receive a formal quotation.
DISCLAIMER
The information included in this article is correct at the time of publication/last update. This article is for informational purposes only, does not constitute legal advice and should not be relied upon as such. Any reliance you place on such information is strictly at your own risk. ICR Translations will not be liable for any loss or damage arising from loss of data or profits as a result of, or in connection with, the use of this website.
Irene Corchado Resmella, a Spanish translator based in Edinburgh. English-Spanish sworn translator appointed by the Spanish Ministry of Foreign Affairs, Chartered Linguist and member of the CIOL. As a legal translator, I focus on Private Client law, specialising in Wills and Succession across three jurisdictions (England & Wales, Spain, and Scotland). Affiliate member of STEP. ICR Translations is registered with the ICO and has professional indemnity insurance.