Recognition and Enforcement of Foreign Family and Succession Judgments

Exequatur is the judicial process through which a foreign judgment may be recognised as enforceable in Argentina. Applicable treaties take priority; when no treaty governs, Argentine procedural requirements must be satisfied.

Examples can include foreign divorce judgments, family decisions, monetary obligations and succession-related orders that must produce effects over persons, records or assets in Argentina. The requested effect should be identified before filing.

Among other matters, the court may examine whether the foreign judgment is final, whether the issuing court had internationally acceptable jurisdiction, whether the defendant was properly served and heard, whether the document is authentic and whether recognition would conflict with Argentine public policy or an Argentine judgment.

Not always. Recognition may be sought so that a foreign decision is accepted for a legal purpose, while enforcement uses the decision to obtain compliance in Argentina. The required procedural step depends on the judgment and the result sought.

The decisive documents and formalities vary. Reviewing the decision, proof of finality, service history and the intended Argentine effect first can prevent unnecessary translations or legalisations.