What is an Exequatur procedure in Peru?
An Exequatur procedure is the recognition and enforcement of a foreign judgment or notarial act.
Foreign judgments or notarial acts are not recognized if:
The judgment or notarial act is contrary to public policy.
The judgment or notarial act was rendered in the absence of the defendant.
The judgment or notarial act is irreconcilable with a judgment rendered in Peru.
There are already proceedings in Peru between the same parties and same object.
Documents required for an Exequatur procedure in Peru
-DNI or Passport
-Certified copy of the foreign judgment or notarial act
-Translations of these documents from English to Spanish
-Power of attorney in Peru
-Judgment which has the force of res judicata
-Official documents, duly legalized or apostilled
In other cases: custody of the child, declaration of will, judgments that declare the nullity or expiry of industrial property rights, others.
You can also read Public Notary Divorce
Exequatur case (about divorce)
Carlos and Marie were married in Lima in 2010 and moved to the USA. Carlos did not get accustomed to the USA and Marie wanted to move to Thailand, so the couple decided to divorce. They divorced in the USA and then Carlos moved to Sweden. There Carlos married a Swedish businesswoman. Carlos worked a lot in Sweden and found a good job in a transnational corporation. He was able to save money and decided to buy an apartment in Miraflores, Peru. In January 2018 Carlos was notified by his ex-wife through the Peruvian Court of Justice because Marie was demanding 50% of the apartment due to the community of property regime. Carlos was sure that he was divorced in the USA and that she would not be able to claim anything.
If one does not carry out an Exequatur procedure, one is going to remain married in Peru.
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Wendy Dávila, Peruvian and Spanish attorney – Resultado Legal Lawyers – Since 1972. Family and International law.
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Abogada española por la Universidad de Alcalá de Henares, Madrid. Realizó estudios de Administración Pública en la Universidad de Gotenburgo, Suecia. En el Perú estudió Derecho en la Universidad San Martín de Porres. Trabajó en el Poder Judicial de Gotemburgo en el área de Derecho Concursal. Experiencia con Derecho Internacional, Inmobiliario, Empresarial y Familia. Colegiada en el Colegio de Abogados de Lima y en Barcelona. Idiomas: sueco, inglés, alemán y castellano.