Introduction: Enforcing Foreign Judgments in Spain
If you’ve obtained a foreign court judgment—such as a divorce decree, child custody ruling, or commercial damages award—you may need to enforce it in Spain. The legal process for this is known as recognition or exequatur.
At Borderless Lawyers, we help international clients ensure that their judgments are recognized and enforced by Spanish courts in accordance with EU regulations or bilateral treaties.
🏛️ When Do You Need Recognition of a Judgment?
Recognition is required when:
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A non-Spanish court decision needs legal effect in Spain
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You seek to enforce financial compensation or injunctions against a person or company in Spain
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You need to update civil records (e.g. marriage, divorce, custody) in Spain based on a foreign ruling
📘 Legal Framework for Recognition in Spain
🇪🇺 For Judgments from EU Member States
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Covered by Regulation (EU) 1215/2012 (Brussels I bis)
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Judgments are automatically recognized without special procedure
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Enforcement is streamlined with a certificate issued by the original court
📌 Applies to civil and commercial matters but not to family law, succession, or bankruptcy.
🌐 For Judgments from Non-EU Countries
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Recognition is done through the exequatur process under the Spanish Civil Procedure Act (LEC)
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Requires filing a petition with the Court of First Instance (Juzgado de Primera Instancia)
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Based on bilateral treaties or Spanish private international law
✍️ Documents must be apostilled and translated into Spanish by a sworn translator (traductor jurado).
🧾 Requirements for Recognition in Spain
To succeed with a recognition petition, the foreign judgment must:
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Be final and conclusive (no appeals pending)
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Have been issued by a court with proper jurisdiction
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Not violate Spanish public policy
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Respect due process and the right to defense
⚖️ The foreign judgment must not contradict an earlier Spanish decision on the same matter.
🧑⚖️ Exequatur Process: Step-by-Step
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Prepare the Legal Documents
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Certified copy of the foreign judgment
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Evidence that it is final and enforceable
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Apostille (if applicable)
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Official Spanish translation
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File the Petition
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Submit to the competent Court of First Instance
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The court may request written submissions from the opposing party
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Court Review
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The judge verifies formal and legal compliance
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May request oral hearing in complex cases
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Court Decision & Enforcement
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Once recognized, the judgment can be executed like any Spanish court ruling
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📌 Examples of Recognized Judgments
✅ Commercial Claim: Enforcing a UK court order for unpaid invoices against a Spanish distributor
✅ Family Law: Recognizing a U.S. child custody order in Spain to modify school registration
✅ Divorce Decree: Recording a Canadian divorce in the Spanish civil registry
👩💼 How Borderless Lawyers Assists
We offer complete support with:
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✅ Evaluating judgment enforceability in Spain
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✅ Preparing and translating all documents
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✅ Filing and managing the exequatur procedure
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✅ Representing you before Spanish civil courts
🌐 Multilingual legal support | 🛡️ Dispute resolution | 🏛️ Registry updates & enforcement
📞 Enforce Your Judgment with Confidence
Whether you’re an individual or business, the recognition of foreign judgments in Spain is complex without the right legal support.