8
Jan

Countries are more connected to each other than ever. In cases in which different documents must be recognized with the same effects as in the countries where they were initially issued, we refer to and follow the following actions:

Ratification: This term is known in the Dominican Republic and in many other countries. It alludes to the recognition of a specific sentence and title rendered or issued abroad.

Exequatur: This term is used in Spain and other European countries. It’s purpose is to validate the effects of sentences and titles.

Transcription: This term is also common in the Dominican Republic and refers to the registration of sentences before the Dominican Central Electoral Board (known in Spanish as JCE). The process of transcription of a Judgment Ratification issued abroad takes place after the approval is made.

The most common cases in which these terms and proceedings are used are:

A) We divorced abroad and need to have the divorce decree recognized and transcribed in the Dominican Republic, in order to update our civil status in that country.

B) We married abroad and need that marriage to be recognized for all legal purposes, under the laws of that country.

C) After completing studies in a different country and needing that title to be recognized by a country other than the one we are in.

Cases and frequently asked questions:

– Getting married in a country other than the one you are in, and wanting the marriage to be recognized for all legal purposes under their laws.

Example:

I got married in Spain, but I am currently living in the Dominican Republic with my wife, where I have acquired movable and immovable property. For Legal purposes, does my wife have spousal rights under the laws of the Dominican Republic?

She does not. For this purpose, it is necessary to obtain the transcription of your Marriage before the Central Electoral Board (which is the institution in charge of this matter). 

– Divorce in a country other than the one in which the marriage was celebrated

Example:

I got married in the Dominican Republic and divorced in the United States. Am I automatically divorced in the Dominican Republic?

You are not. When it comes to Dominican laws and the effects of marriage, you are still legally married. To dissolve said marriage in the Dominican Republic, you would need to ratify the divorce decree before the competent Jurisdiction (based on the address of one of the spouses).

Ratification of Divorce decree :

1. The family court is seized according to the competent Jurisdiction.

2. Proxy a lawyer specialized in Divorce in the Dominican Republic.

3. Substantiated request of Divorce decree Ratification, as established in the matter.

4. Deposit:

• Original Divorce decree; duly apostilled or legalized by the country that issued it. Additionally, if it is in a language other than Spanish, it must be translated.
• Power of Attorney.
• Copy of an Identity Document of one of the parties involved in the divorce.

Until you are able to complete these steps, you will need to:

A) Avoid marrying again. Given the fact that until you complete the ratification of your divorce decree you are still married for all legal purposes, if you marry again, you will be committing “bigamy”, which is considered a crime. Law 14-99 states that entering a second marriage, while the previous one is not dissolved is a punishable act.

As per the law, bigamy is contracting civil marriage with more than one person, without first having a divorce decree. In other words, to marry while being married. Being in the process of getting a divorce does not mean you are divorced. Getting married in any of these cases is a crime and as such, is a punishable act.

It is important to note that your new wife would be considered an adulteress.

B) As you know, marriages have different Property Systems, such as: Joint Property Regime, Community of Goods, among others. If you married under one of those regimes, your rights towards liabilities and assets you may continue contracting and acquiring remain unchanged. Consequently, this is a matter of utmost importance.

Please note:

The process of a Divorce decree Ratification in the Dominican Republic is:

• Simple.
• Affordable.
• Prompt.
• You do not need to be in the country.
• It has no difficult requirements.

It is more tedious not to do it, due to all the legal implications it represents for you to remain involved in a legal process that is in some ways incomplete. It is advisable to conclude it.