RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN SPAIN

In international family law, a judgment issued in one country may need to produce legal effects in another. The recognition and enforcement of foreign judgments make this possible, allowing individuals to rely on existing court decisions without necessarily having to start new proceedings in every country concerned.

I am Laura Rincón, a family lawyer based in Madrid. I advise clients on international family law matters involving Spain and other countries, providing legal assistance in English and Spanish, both in person and online.

Can a foreign judgment have legal effects in Spain?

Yes. Depending on the type of judgment, the country where it was issued and the applicable legal framework, a foreign court decision may be recognised or enforced in Spain.

For example:

• Foreign divorce judgments: you may need to have a divorce recognised or registered in Spain, particularly where one or both spouses are Spanish nationals or the Spanish Civil Registry needs to reflect the change in marital status.

• Foreign maintenance orders: if a court abroad has ordered someone living in Spain to pay child maintenance or spousal maintenance, enforcement proceedings may be necessary if payments are not made.

• Foreign decisions concerning children: a decision on parental responsibility or child arrangements may need to be recognised or enforced in Spain.

• Foreign property or inheritance decisions: a judgment concerning assets located in Spain may require recognition or other legal steps before it can produce the intended effects.

The procedure is not the same in every case. The applicable rules depend on the subject matter, the country of origin and, in some cases, the date on which the original proceedings began.

How are foreign judgments recognised and enforced in Spain?

1. Judgments issued in European Union Member States

Within the European Union, several regulations establish rules for the recognition and enforcement of judgments in specific areas of law.

Depending on the subject matter, relevant instruments may include:

• Regulation (EU) 2019/1111, concerning matrimonial matters and matters of parental responsibility, including child abduction.

• Regulation (EC) No 4/2009, concerning maintenance obligations.

• Regulation (EU) 2016/1103, concerning matrimonial property regimes.

• Regulation (EU) 2016/1104, concerning the property consequences of registered partnerships.

• Regulation (EU) No 650/2012, concerning succession and related matters.

These instruments establish different recognition and enforcement procedures. In many cases, recognition is available without a separate procedure, but the conditions and documents required vary according to the regulation and the type of decision.

It is therefore important to identify the relevant legal instrument before taking any steps in Spain.

2. Judgments from countries covered by international conventions or bilateral agreements

Spain is party to international conventions and bilateral agreements that may facilitate the recognition and enforcement of foreign judgments.

Depending on the subject matter and the countries involved, an applicable convention may establish the conditions under which a foreign decision can be recognised or enforced in Spain.

The relevant agreement must be checked for each case, including whether it applies to the particular type of judgment and whether any additional requirements must be met.

3. Judgments from countries without an applicable EU regime or international agreement

Where no applicable EU instrument or international agreement governs the case, recognition may be sought under Spanish Law 29/2015 on International Legal Cooperation in Civil Matters.

In cases where this legislation applies, a procedure known as exequatur may be required. This allows the competent Spanish court to examine whether the foreign judgment meets the legal requirements for recognition.

Depending on the circumstances, the court may consider matters such as:

• Whether the judgment is final and binding, where required.

• Whether recognition would be contrary to Spanish public policy.

• Whether the defendant's rights of defence and due process were respected.

• Whether the court of origin had an acceptable basis for jurisdiction under the applicable rules.

• Whether recognition would conflict with certain Spanish judgments or proceedings.

The precise requirements and any exceptions must be assessed under the legal framework applicable to the particular judgment.

Do all foreign judgments require an exequatur in Spain?

No. A separate exequatur procedure is not required for every foreign judgment.

Some EU regulations and international conventions provide for recognition without a separate recognition procedure, while other cases require a formal application before the competent Spanish court.

Recognition and enforcement are also distinct concepts. Recognition allows a foreign judgment to be accepted as legally effective, whereas enforcement involves taking the necessary legal steps to compel compliance with the decision.

The correct procedure depends on the country of origin, the subject matter and the applicable legal instrument.

How I can help with your foreign judgment

If you have a judgment issued abroad and need it to produce legal effects in Spain, I can assess the applicable procedure and advise you on the next steps.

I can assist with matters including:

• Recognition of foreign divorce judgments and the steps needed to update the relevant Spanish Civil Registry records, where applicable.

• Recognition and enforcement of foreign child maintenance orders in Spain.

• Foreign judgments concerning parental responsibility and child arrangements.

• Reviewing the applicable legal framework, including EU regulations, international conventions and Spanish legislation.

• Preparing or coordinating the necessary legal steps to seek