1.      Introduction

 

In today’s globalised world, court decisions often need to be recognised across borders. A divorce decree from São Paulo, a child custody order from New York, or a maintenance judgment from Buenos Aires may all need to take effect in Spain.

Spanish law provides two main systems:

  • Within the European Union, under Regulation (EU) 2019/1111 (Brussels II ter), recognition is automatic, and the exequatur procedure has been abolished.

Note: Denmark does not apply Brussels II ter and The United Kingdom applied Brussels II bis until 31 December 2020.

  • For all other third-country judgments, the exequatur process remains essential.

 

2.      Mutual Recognition under Brussels II ter

 

2.1 Scope and Purpose

Brussels II ter applies to divorce, legal separation, marriage annulment and parental responsibility. Its key reform is the abolition of exequatur for these judgments within the EU.

 

2.2 Recognition

Judgments are automatically recognised. For example, a French divorce decree is valid in Spain without further procedure. Recognition can only be refused on limited grounds such as conflict with Spanish public policy or irreconcilability with another judgment.

2.3 Enforcement

Enforcement is straightforward. The applicant must provide:

  • An authentic copy of the judgment.
  • A certificate from the court of origin (using the EU Annex form).

Once submitted, the decision is enforceable in Spain without the need for a judicial declaration of enforceability.

 

3.       The Exequatur for Third-Country Judgments

 

3.1 Legal Framework

 

When judgments originate from outside the European Union, Spanish courts do not apply Brussels II ter. Instead, the recognition and enforcement of those decisions are governed by other legal sources.

The first step is to check whether an international treaty exists between Spain and the country where the judgment was issued. Spain is a party to several bilateral and multilateral conventions which establish simplified rules for recognition and enforcement.

If there is no applicable treaty, Spanish law provides a domestic regime to ensure legal certainty. The two key statutes are:

  • Law 29/2015 on International Legal Cooperation in Civil Matters (Ley 29/2015, de 30 de julio, de cooperación jurídica internacional en materia civil). This law sets out the general principles, requirements and procedure for recognising and enforcing foreign judgments in Spain when no treaty applies.
  • The Ley de Enjuiciamiento Civil (LEC) (Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil). The LEC governs civil procedure in Spain and contains the procedural framework to initiate the exequatur application and to carry out enforcement once recognition has been granted.

Together, these statutes provide the legal foundation for the exequatur procedure: they ensure that foreign judgments may be recognized and enforced in Spain, but only after judicial review of their compatibility with Spanish jurisdiction, due process and public policy.

3.2 Nature and Scope

The exequatur is a judicial process to verify compliance with Spanish law before a foreign judgment can have effect. It does not review the case itself but only confirms enforceability.

 

3.3 Requirements

 

For a foreign judgment to be recognized in Spain, it must satisfy a number of essential conditions. First, the decision must be final and enforceable in its country of origin. It also needs to have been issued by a court with proper jurisdiction in accordance with internationally accepted standards. In addition, the defendant must have enjoyed due process and the right to a proper defense. Recognition will be refused if the judgment is contrary to Spanish public order (orden público) or if it conflicts with another judgment already recognised in Spain.

 

3.4   Procedure

 

The application for exequatur must be submitted before the Audiencia Provincial with all required documentation. This includes a certified copy of the foreign judgment, official proof that the judgment is final and enforceable in its country of origin, and a sworn translation into Spanish.

The Public Prosecutor (Ministerio Fiscal) is involved in the proceedings in order to safeguard the public interest. The opposing party is entitled to contest the request, but only on limited grounds such as lack of jurisdiction, breach of due process, or incompatibility with Spanish public policy.

Once the exequatur has been granted, the foreign judgment acquires the same force as a domestic Spanish judgment and may be enforced through the ordinary enforcement procedures set out in the Ley de Enjuiciamiento Civil.

 

4   Conclusion

Spain operates under a dual system for the recognition of foreign judgments. Within the European Union, Regulation (EU) 2019/1111 (Brussels II ter) provides for automatic recognition and enforcement, eliminating the need for exequatur. By contrast, judgments issued in third States must undergo the exequatur procedure, which allows Spanish courts to confirm that the foreign decision is compatible with national law, procedural guarantees and public policy before it can take effect.

In KAPLAN LEGAL, we are experts in enforcement and recognition of judgements, rulings and decisions issued by foreing Courts. Should you have any further questions, do not hesitate to contact us.

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