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After Brexit, if you need your UK Judgment to be enforced in Spain, the procedure to follow is the Exequatur proceedings, which is the enforcement of a non EU Judgment.

The procedure is similar to the enforcement of a European Judgment Enforcement.

The Enforcement of a Foreign Judgment in Spain is very common. If you have a Foreign Judgment or Court Order from your country against any person that resides in Spain, this Law Firm can enforce this foreign Court Order in the Spanish Courts directly.

Therefore, if you obtained a Judgment in your favor against someone residing in Spain, you can directly enforce the Judgment in a Spanish Court.

For example, if you have a Judgment against a debtor who moved to Alicante, you will need to hire a lawyer in Spain. Once you have hired a lawyer, you will need to send the original Judgment with an official translation and confirmation from the foreign court that the Judgment is final (that it has not been appealed) and that the defendant was served. Your Spanish lawyer will send to Court an Exequatur Claim, and the debtor will be served with the Enforcement Order in his Spanish residence address.

The Spanish Judge will order the enforcement directly without analyzing the case as if the Judgment was issued by a Spanish Court.

To act in Spain against the debtor you only need the original Court Order or the Judgment that you want to enforce. In some cases, you also need the certificate from the court that issued the court order proving the legality of the court order or  judgment.

Once we have started the proceedings here in Spain, and the Foreign Judgment is approved, the Court will search for the assets of the debtor and will be seized immediately.  The Spanish Judge will not review the court order, which means that the debtor will not be able to oppose the seizure of his/her assets.

This proceeding has been carried out successfully many times by this Law Firm so please ask us should you have a court order against a person residing in Spain.

Once you send us the relevant documentation, we will study the solvency of the debtor and inform you of the possibility to collect the debt through any properties.

Case study-UK national Will but using Spanish Law so children can inherit

Facts

We have a case where a UK national made a Will choosing English Law, his nationality law. The testator only had a property in Spain, no other assets.

The testator left this property in Alicante (Spain) to his partner only and nothing to his children. This can be done according to English law but not Spanish law.  English Law also says that if the Estate is abroad then the Inheritance can be done according to the Laws in the country where the asset is located. In Spain, you are obliged to leave the inheritance to the children and then there is a share that you can leave to anybody.

The children did not agree with the partner getting all the Estate and contacted us. As the only asset of the Estate was the property in Spain, this inheritance will be ruled by Spanish Law, therefore the children have to get a share of the Estate according to Spanish Law.

So if your parents owned a property in Spain and resided in Spain but made a Will leaving the property to somebody else in a Will, we can help you with getting your share of the Spanish Estate. There are precedent and case law supporting this.

Please contact us. We will advise you about your specific case.