Business and Justice Info

It is common to see the case of couples who marry in one country and another divorce, this is the case of spouses coming out of Peru in search of better job opportunities and welfare, or of Peruvians living abroad, for economic reasons, sentimental or family, celebrate your marriage in Peru with a Peruvian person or foreign, and then travel to continue their residence abroad. Later, when these couples decide to end the marriage bond that unites them, handled their divorce in a country other than that they were married. It is then that raises the concern or need to know what to do, if for some reason we want this divorce is valid also in Peru.

Peruvian law provides for this situation and set out in Title IV of Book X of the Civil Code, relating to private international law that the court rulings, including those that grant the divorce, which are issued by a foreign court may be approved and therefore full effect in Peru. For the Peruvian legal system, not just the legalization in the country of origin, but require the approval of the resolution judicial known for enforcement.

Definition Exequatur
The Exequatur is the judicial process that is aimed at the Peruvian court recognizes the legal force of judgments issued by the foreign court, recognizing the same effect as domestic judgments are enjoying authority of res judicator.

Who can handle the Exequatur
Anyone for which issued a ruling issued abroad or who suffers from an injury that only the recognition of this sentence would end. Also anyone who is deprived of access to a benefit for the lack of such approval.

Eligibility
Not all divorce ruling pronounced abroad can be approved. The Peruvian legal system has set conditions such as:

* That there between Peru and the country issuing the sentence, a treaty on the matter or that there is at least reciprocity i.e. that in this country is to also comply with the rulings of the Peruvian courts. No need for proof of such reciprocity in the process, because its existence is assumed.
* For the specific case of the statements that declare the divorce is essential that the grounds for divorce which is also a ground for divorce in the Peruvian legal system.
* That the foreign court was competent to hear the case, namely that it corresponds to the last address that the couple had in common.
* That the defendant spouse has been summoned in accordance with the laws of the country where the trial is followed, that has been granted reasonable time to appear and which have been given due process to ensure a reasonable opportunity to defend.
* That is consensual divorce, namely who has the quality of res judicator.
* That does not exist in Peru pending divorce proceedings initiated prior to the filing of the demand abroad which caused the divorce.

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  Step The processing of Exequatur corresponds to the process is not contentious and is brought before the Civil Chamber of turn of the Superior ...