Recognition of a Foreign Judgment

Here, recognition takes place in several stages. First, the documents are superlegalised or apostilled. Second, they are translated, and third, an application for recognition of the foreign decision is filed with the court. This final stage is handled by our partner law firms. To complete it successfully we need your power of attorney, as the application cannot be filed with the court without it, so we will send you a power of attorney to sign. One example is the recognition of a decision dissolving a marriage.

Recognition of a foreign decision

Recognising and enforcing a decision from another country is a highly complex process that usually requires both an apostille and superlegalisation. The documents then have to be translated by official translators, and the translations are filed with the court as part of an application for recognition. Sometimes a further application relating to enforcement of the decision must also be made. The simplest way to get through this without wasting time and money is to turn to people experienced in this field, and we offer exactly this service at our office.

Recognition of a Slovak decision abroad

This too involves three stages, but you should be ready for the possibility that you will need to know a foreign language and the local law. Naturally, the entire process takes place at authorities abroad.

Nostrification

Nostrification is not the same as recognition of a decision. Although the two processes are similar, nostrification relates to academic documents.

What recognition of a foreign decision involves

A court judgment or official decision issued in one country does not automatically take effect in another. Before it can be relied on, for example to update civil status records, to remarry or to enforce a payment obligation, it often has to be formally recognised by the competent authority in the country where it is to be used. Recognition gives the foreign decision legal effect in that country, while enforcement allows it to be carried out there.

Typical cases

• Divorce decrees and decisions dissolving a marriage
• Decisions on custody or maintenance of children
• Adoption decisions
• Judgments on debts and other civil or commercial claims

Depending on the countries involved and the type of decision, special rules may apply. Within the European Union, for example, many decisions benefit from simplified procedures under EU legislation, whereas decisions from other countries may require a full recognition procedure before a court.

Preparing the documents

Careful preparation is essential. The decision usually has to be submitted as an official copy, often with confirmation that it has become final. It must then be verified with an apostille or through superlegalisation, depending on the country of origin, and translated by an official translator. Missing confirmations or incomplete translations are among the most common reasons why proceedings are delayed.

Working with partner law firms

Filing the application with the court is handled by our partner law firms, who represent you on the basis of a power of attorney. We coordinate the verification and translation of the documents so that the application can be submitted complete and in the correct form, saving you repeated trips to offices and unnecessary correspondence.

Do you need a foreign decision recognised, or a Slovak decision recognised abroad? Contact us with a description of your case and we will outline the steps and documents required.