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Recognition of Foreign Divorces
This service is available across Spain
Who Is This Service For?
This service is designed for individuals who have been divorced outside of Spain and wish to have their divorce recognised officially within the Spanish legal system.
Common issues faced by such clients include the recognition of guardianship or child support arrangements made abroad, especially if they involve minors or disabled persons.
By availing this service, these individuals can ensure that their foreign divorce is recognised in Spain, helping them avoid legal complications, especially when relocating to Spain and becoming resident here.
There are 2 main scenarios:
- EU Divorces: If your divorce decree is from a court within the European Union, it is directly valid in Spain thanks to the 2012 Regulation that eliminated the former bureaucratic exequatur procedure.
- Non-EU Divorces: For divorces from non-EU countries, an exequatur procedure is necessary, requiring an analysis of any international treaty between Spain and the non-EU country followed by initiating the exequatur procedure as per Law 29/2015 if there's no agreement/treaty.
There are 3 steps:
- Analysis: The first step is to analyse the international agreements or treaties between Spain and the country where the divorce was granted.
- Exequatur Procedure: If there's no agreement, the exequatur procedure is initiated to recognize the validity of the foreign divorce.
- Submission of Documents: Submitting a legalised or apostilled original copy of the foreign divorce decree along with a sworn translation if it's not written in Spanish.
The benefits to clients of this procedure are as follows:
- Legal Recognition: Achieve legal recognition of your foreign divorce in Spain.
- Child Support and Custody: Ensure that child support and custody arrangements made abroad are recognized and enforced in Spain.
- Avoidance of Legal Complications: Avoid potential legal complications regarding your marital status in Spain.
What Does This Service Consist Of?
This comprehensive service aims to alleviate the challenges individuals face when seeking to have a foreign divorce recognized in Spain, ensuring a smoother transition for them legally.
- Consultation: A detailed and personalized consultation to understand your specific situation.
- Document Preparation: Preparing and submitting all necessary documents for the recognition of your foreign divorce.
- Representation in Court: Representing you in court to ensure the successful recognition of your foreign divorce.
- Follow-up Services: Offering follow-up services to address any further legal needs you might have.
Free Support Services Included
When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:
- Verification of the regulatory status of your professional.
- Fees as recommended by the Local Professional Body
- Fees specified in advance and legally guaranteed.
- Service levels agreed in advance and guaranteed.
- All professionals must hold professional indemnity insurance.
- Professionals' proficiency in English monitored.
- Continuous quality controls and reviews.