Exequatur of US divorces in Spain

You were divorced in the United States and you now need your divorce decree to be valid in Spain. Two things make US cases different from others: the judgment is in English, and each state has its own rules. We prepare and file the exequatur, and we tell you exactly what you need — the state apostille and a sworn translation — and in what order, so everything fits together.

We are exequatur lawyers in Madrid and we have your US judgment recognised before the Spanish courts, as part of our international family law practice in the recognition of foreign judgments.

Over a decade of experience · Lawyer registered with the Madrid Bar (ICAM), no. 140,578 · We work in English and Spanish · Online consultations from any country.

This page is also available in Spanish.

Do I need an exequatur for a US judgment?

Yes. The United States is outside the European Union, so a US judgment is not recognised in Spain on its own. On top of that, the divorce decree is issued under the law of a particular state — California, Florida, New York, Texas and so on — and each one has its own formalities. It is worth being clear about this from the outset.

What is an exequatur, and why does it matter?

The exequatur is the procedure by which a Spanish court recognises a foreign judicial decision so that it produces effects in Spain. The Spanish court does not retry your case or review the merits: it only checks that the decision is final, that it respects public policy and the right of defence, and that it does not clash with a Spanish ruling.

Until you obtain it, your US divorce is of no use in Spain. The Civil Registry will not record it, so you cannot remarry here; the Land Registry will not enter any change of ownership ordered in the decree; and no Spanish court will enforce a money judgment obtained in the United States.

The route for US judgments

There is no bilateral treaty between Spain and the United States on the recognition of divorce judgments, so your decision is recognised under the general regime of Act 29/2015 (Ley 29/2015 on international judicial cooperation in civil matters), through an exequatur before the Tribunal de Instancia.

The divorce decree must be apostilled by the authority of the state that issued it — usually that state's Secretary of State — under the 1961 Hague Convention. Because it is in English, you will also need a sworn translation into Spanish.

Documents you will need

• A certified copy of the divorce decree, apostilled by the state that issued it.
• Evidence that the judgment is final.
• If it was a default judgment, proof that the other party was properly served.
• A sworn Spanish translation of the decree and of the accompanying documentation.

An example. You obtained your divorce in Florida and you now live in Madrid. With the decree apostilled by the Florida Secretary of State, the sworn translation and proof that the judgment is final, we file the exequatur under Act 29/2015.

How the procedure works

Once the decree has been apostilled and translated, we handle the exequatur with a lawyer and a court representative (procurador) before the Tribunal de Instancia, under article 52 of Act 29/2015:

1. We file the application together with the supporting documents. A request for enforcement may be joined to it.
2. The court clerk admits the application and serves it on the other party, who has 30 days to oppose it.
3. The Public Prosecutor always takes part in this procedure.
4. The court decides by way of an order, against which an appeal may be lodged.

When recognition may be refused

Under article 46 of Act 29/2015, a Spanish court will not recognise a foreign judgment where it is contrary to Spanish public policy; where it was given in breach of the defendant's right of defence, for instance if a default judgment was entered without proper service; where it concerns a matter reserved to the exclusive jurisdiction of the Spanish courts, or the court of origin had no reasonable connection with the case; where it is irreconcilable with a Spanish decision or with an earlier foreign one that can be recognised here; or where proceedings between the same parties on the same subject were already pending in Spain.

Checking in advance that none of these grounds applies to your decree is an essential part of our work, and it is what prevents recognition from being refused.

What we offer

• The whole exequatur, end to end. Guidance on obtaining the US documentation, the application, follow-up and, where appropriate, subsequent enforcement.
• Service in English. We work in English and Spanish, by video call, wherever you live.
• Straight answers. If your case does not in fact require an exequatur, we tell you and save you the procedure.
• Clear fees from the start. A transparent written quote, with no surprises.

Why Fernández Hortoneda Abogados

We are a Madrid family law firm with an international practice and English-language service, used to having judgments from different US states recognised in Spain. We prepare and file the exequatur application and conduct the court proceedings and their follow-up; and we tell you what you need — the state apostille and the sworn translation — and in what order.

Fees

The exequatur of a divorce judgment costs €600 + VAT in legal fees where the respondent resides in Spain. The procurador is billed separately, and so is the sworn translation. For any other situation — other types of decision, or a respondent living outside Spain — we give you a fixed written quote once we have studied your case. You can see the rest of our published rates on our prices page.

Take the first step

With the United States, the key is to get the apostille, the translation and the exequatur in the right order from day one. In the free consultation we review your decree and give you a clear plan, in English or in Spanish.

Free consultation: +34 633 023 832 · Contact form

How we handle your case

What our quote includes

• Full study of the case and documentation
• Strategy and route recommendation
• Drafting and filing of all documents
• Representation at hearings and appearances
• Direct communication with your lawyer
• Follow-up until the matter is resolved

Frequently asked questions