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Recognition and Enforcement of Foreign Judgments

In proceedings with a foreign element, it is very common for a judgment handed down by a judge in one country to be effective in another. The recognition and enforcement of foreign judgments is fundamental from the perspective of judicial protection, as it avoids having to file new proceedings in each country where the judgment is to have effect, and also ensures that the rights of the person are unified in the countries with which he or she is linked.

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Foreign judgments can have effects in Spain

A family judgement issued in any country can have effect in Spain if the person concerned so requests.

For example, a divorce that has been granted abroad can be registered in the Spanish Civil Registry when one (or both) of the parties is Spanish. If a succession judgement is issued in Italy distributing the assets of a deceased Italian and part of those assets are in Spain, the judgment will have to take effect in Spain. If a Canadian maintenance judgment condemns a resident of Spain to pay maintenance and he/she does not pay it, a recognition and enforcement of the judgement will have to be sought here.

Generally speaking, in order for a judgment to produce in Spain the effects it has in the country where it was handed down, our authorities have to “review” that judgment and check whether it meets the necessary requirements to be recognised in Spain.

The applicable standard for recognition and/or enforcement of the judgment depends on its origin and the subject matter. The date of commencement of the foreign proceedings is often relevant.

Judgments from the European Union

If the judgment comes from the European Union and is on a matter covered by the Brussels

Regulations, its recognition will be automatic, as will its enforcement (although there are peculiarities in the different Regulations).

The applicable regulations are 2019/1111 and 2201/2003 for marriage annulment, separation, divorce and children judgments, 4/2009 for maintenance judgments, 2016/1103 for matrimonial property regimes, Regulation 2016/1104 for unmarried couples and Regulation 650/2012 for successions.

Judgments originating from countries with which Spain has an agreement

Spain is party to bilateral conventions on the recognition of judgments in family matters, such as the Hague Convention of 19 October 1996, the Luxembourg Convention of 20 May 1980, or the Hague Protocol of 23 November 2007.

Spain has also signed bilateral recognition and enforcement agreements with Switzerland, Colombia, Morocco, Tunisia, Mauritania, China and Russia, among others.

The judge will examine the conditions set out in the bilateral conventions to see if the judgment complies with them and can produce effects in Spain.

Judgments coming from non-EU countries with which Spain does not have an agreement

For judgments that do not come from the European Union, the procedure is called exequatur and the to judge or competent authority will check that the conditions required by law are met for the judgment to take effect in Spain.

The conditions that judgments must meet are set out in Law 29/2015 on international legal cooperation in civil matters, and they are: finality, respect for Spanish public order, respect for effective judicial protection, jurisdiction of the judge of origin, and there must not be a judgment or open proceedings in Spain initiated beforehand.

At Winkels Abogados we have lawyers who are specialised in the recognition of foreign judgments and who are qualified to deal with this complex legislative landscape.