legal dictionary

In our daily life it is very important to know basic legal terms related to transactions and situations that sooner or later we are going to have to find.
For them we offer this legal dictionary with frequently used terms and what is important to know.

We appreciate the advice of the following entities in the preparation of this dictionary

Bosch-Bages Notaris
Passeig de Gracia, 32 08007 Barcelona
Telephone: ?+34 93 487 18 08
reception@notariaboschbages.com

BCA Legal solutions. Lawyers in Barcelona. John Bosch

BCA Legal Solutions
Galileu, 177-179 08224 Terrassa
Phone: 937 332 614
assemp@assempbcn.com

Regulatory agreement abroad

How to sign a regulatory agreement when one of the two spouses resides in a foreign country? It is a frequent question that many people ask themselves, especially when there are mobility restrictions such as in the times of the COVID-19 pandemic. We explain the mechanisms that exist.

Several websites of reference lawyers explain how this procedure can be carried out when one of the spouses resides abroad and cannot travel to Spain to ratify the agreement in front of the judge. We start from the basis that there is a mutual agreement between both spouses and that the lawyer has drawn up a regulatory agreement in which both agree. Steps to follow: Prepare documentation

Warn the court that you are in a special situation.
include in the regulatory agreement a special power for the attorney with a ratification clause including the signed regulatory agreement. Specify that there is no violence and coercion in the signing of the agreement, having signed freely.
In addition to including in the power of attorney the power to ratify the agreement in favor of the attorneys, it will have to be included in the public deed, thus being protocolized.
The spouse who is in Spain will sign the regulatory agreement in triplicate and one of the copies signed will be sent to the other spouse to the country where he is next to power.

signature abroad

The spouse residing abroad must sign the special power of attorney for lawsuits and the agreement at a notary in your country, at the nearest Spanish Consulate or Embassy.
When you leave the Consulate you must send the power of attorney with the regulatory agreement incorporated to the lawyer in Spain to present the divorce petition in the corresponding court, which will be the one of the place of residence of the spouse who is in Spain.

Ratification in Spain

It will be the court that requires the spouses by means of a notification to the attorney, so that they will ratify the agreement.
On the day of ratification, the attorney will represent the spouse of the foreign country thanks to the power granted.

Notes

In the legal sources that are cited in references, it is commented that on some occasions the secretary of the court gives value to the agreement signed in the consulate without the need for the attached power of attorney for the attorney, however the only way to ensure the procedure is the existence of the power .
It is recommended to include more than one attorney in the special power of attorney to avoid problems if the appointed attorney cannot attend on the day of ratification.
If said Power of Attorney has been made before a Spanish authority (Spanish Consulate or Embassy), neither legalization nor a sworn translation will be necessary, which speeds up the procedures and is cheaper.

References

Date: 10-09-2020
Tags: Family.

Back

Image from Pixabay. Updated on 21/08/2020.

Regulatory agreement abroad

Notes

References

Related content