A marriage between a Spanish citizen and a British citizen, celebrated and registered in Spain, was dissolved by divorce in London in 2022. What procedure must be followed to register the divorce in Spain?
Answer:
Since 31 December 2020, the United Kingdom is no longer part of the European Union. This affects the application of EU regulations, including Brussels II bis (Regulation EC 2201/2003), concerning recognition and enforcement of decisions in matrimonial matters.
Because there is no bilateral convention between Spain and the United Kingdom on the recognition of civil judgments, the applicable regime depends on the date when the divorce proceedings began.
Given the dates in this case, the applicable law is Law 29/2015 on International Legal Cooperation in Civil Matters (LCJI).
Procedure: Exequatur in Spain
To register a foreign divorce in Spain when the judgment comes from the UK, an exequatur procedure is required, pursuant to Articles 41 et seq. of Law 29/2015.
1. Competent Court
Article 52 LCJI establishes that the following courts are competent to hear exequatur applications:
- The Court of First Instance (Juzgado de Primera Instancia) of the domicile of the party against whom recognition or enforcement is sought,
- Or of the person to whom the effects of the foreign judgment refer.
If neither criterion is applicable:
- Jurisdiction will depend on the place where the judgment must be enforced or produce effects.
Ultimately, if none of the above apply:
- The court that receives the exequatur application will be competent.
2. Documents Required
Article 54 LCJI specifies the documents that must accompany the exequatur application, including but not limited to:
- Authenticated original of the foreign judgment
- Proof that the judgment is final
- Certified translation where necessary
- Documentation proving proper service and due process if the procedure was conducted in default
(In practice, courts typically also request the Apostille of The Hague on UK judgments.)
3. Once the Exequatur Is Granted
Once the Spanish court recognises the divorce by granting exequatur, the judgment may be:
- Registered with the Spanish Civil Registry, to update the marriage record previously registered in Spain.
Only after the exequatur may the divorce be officially reflected in Spanish records.
