
- 19 de octubre de 2023
- tradulima
- 0
What’s the meaning of exequatur?
It is a judicial process whose objective is that sentences issued abroad can be recognized or homologated in Peru. In family law, this judicial process is carried out in the Family Chamber of the Superior Courts of the Republic.
For example: If a couple gets married in Peru but then they move abroad and get divorced there, the couple will maintain a married status in Peru until the foreign recognition of the divorce (exequatur) is made in Peru.
What type of foreign judgment can be recognized in Peru?
Divorces by mutual agreement, whether judicial, administrative, or notarial. Divorces by specific casualty, as well as filiations, alimony, and any other judgment recognizing rights or obligations.
Should the exequatur process be carried out by the couple or only by one of them?
Only one of them can do it, but it will take longer (approximately 1 year) since the State must assign a representative for the missing party. If you both do it together, the process will be faster (5 months approximately).
Is it necessary to be in Peru to carry out this procedure?
There’s no need. You can send a Power of Attorney by Public Deed issued by the Peruvian consulate or by a Notary Public duly apostilled, so that a person you trust or your lawyer can represent you and carry out the Exequatur process.
What are the requirements to start an exequatur?
- Legalized copy of the applicant’s and the representative’s ID
- Marriage certificate entered into in Peru or registered at the Peruvian Consulate
- Judgment or divorce resolution issued abroad (legalized by the Peruvian Consul and the Ministry of Foreign Affairs)
- Power of attorney for your representative in the Civil Family Court of Lima
- Requirements requested by the court
- Official or certified translations (if the documents are not in Spanish).
If you need Certified Translations, send your document by email to info@tradulima.com o by WhatsApp at https://wa.me/1989669888 in order to get a quote.