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Old 13.02.2018, 08:29
MajorGrubert MajorGrubert is offline
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Re: Divorce in Switzerland or home country?

Information sheet by Spain consulate in Geneva on separation and divorce judgments made in Switzerland:

Separation and divorce judgments handed down by a Court of First Instance in Switzerland are NOT automatically recognized in Spain.

For a divorced (or separated) Spaniard in Switzerland to be legally divorced in Spain, he or she must to apply for the exequatur of the Swiss judgment on divorce (or separation) in a court of law of first instance in Spain through a lawyer and solicitor (per the Convention between Spain and Switzerland for the recognition of civil and commercial judgments of 1896).

This procedure is mandatory for all Spaniards, regardless of whether they have civil or religious marriage in Spain or outside Spain. There is no deadline to apply for the exequatur of separation or divorce.

The following procedures must be carried out:
  • Obtain a complete copy of the Swiss judgement. It must include the "Facts of the case", the "Legal grounds" and the "Judgment".
  • Obtain a certificate stating the final character of the sentence.
  • Legalize these documents with the Apostille of the Hague Convention.
  • Have the complete copy of the sentence and the certificate of finality translated into Spanish by an official translator.
  • Legalize the translation with the Apostille of the Hague Convention, except if using a sworn translator from Spain.
  • Hire a lawyer in Spain (may be from any Spanish city). If the marriage was not celebrated in Spain the lawyer must be from Madrid.
  • Establish a general power of attorney for legal action on behalf of the lawyer and his or her solicitors, before a notary in Spain or before the Spanish Consul.
  • Obtain the verbatim marriage certificate, as well as the birth certificates of the children, in the corresponding Spanish Civil Registry.
  • Send all the above documents to the lawyer in Spain so that he or she can submit the application for exequatur before a judge of first instance.
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