Divorce, custody and family records across the Atlantic

Recognizing a US divorce in Spain

A separate court procedure called exequatur may be appropriate, but Spanish law also allows recognition incidentally in proceedings and, where the requirements are met, recognition for Civil Registry registration. I first check the decree and its intended use. Recognition does not normally involve retrying the merits, but procedural fairness, finality and public policy may need to be assessed.

Documents commonly include the decree, evidence of finality and service, and the required authentication and translation. If exequatur is needed, a lawyer and procurador represent you in court. For Civil Registry registration, I check the marriage record and the requirements of the competent registry.

Recognition matters if either spouse is Spanish, if you want to remarry before a Spanish authority, or if there is property or an inheritance in Spain where your marital status counts.

Custody and child support

US custody and support orders also need recognition before they can be enforced in Spain. Child support can often go through the 2007 Hague Child Support Convention, to which both the US and the EU are parties.

Divorce in Spain

Shared Spanish nationality can provide a basis for Spanish divorce jurisdiction even if both spouses live in the US. A notarial divorce is available only where the statutory conditions are met, including mutual agreement and the relevant requirements concerning children and personal attendance. Recognition in your US state is for your US lawyer to assess.

Marriages and prenuptial agreements

Spanish citizens usually record a US marriage themselves at their consulate. I prepare prenuptial agreements (capitulaciones matrimoniales) that will be valid in Spain, and advise when a marriage record is refused or raises questions.

Prepare US decrees, apostilles and translations. Send a brief description first; I will arrange a secure way to review the documents.

Fees

Fixed fees in US dollars, confirmed in writing before any work begins. Applicable taxes are confirmed in your written quote. Third-party costs such as notary, registry, taxes, translations and apostilles are charged at cost, unless expressly included. How fees work.

Common questions

How long does recognition take?

Several months as a rule. It depends on the court and on whether the other spouse has to be formally notified abroad.

Do I need my former spouse's agreement?

No, but if you apply alone the court will notify your former spouse, which takes longer. A joint application is faster.

I only need to update my marital status on the Spanish Civil Registry. Is exequatur still needed?

Not always. The Civil Registry can recognize a foreign divorce itself, as a step before recording it, when the decree meets the legal requirements. Otherwise a court must recognize it first through exequatur. I check which route your decree allows before you pay for either.