Exequatur in Chile: Recognition of Foreign Judgments and Key Legal Considerations

In an increasingly globalized world, it is common to seek the enforcement of a judgment issued abroad so that it produces effects in Chile. To achieve this, one must go through the exequatur procedure, through which the Supreme Court of Chile recognizes and authorizes the enforcement of foreign judicial decisions within the country.

This procedure, regulated by the Chilean Code of Civil Procedure, allows final judgments issued abroad to have full legal recognition in Chile, provided they meet certain legal and reciprocity requirements.

When is an Exequatur Required?

Some of the most common situations in which this procedure is necessary include:

• Divorce decrees issued abroad, to be registered with the Chilean Civil Registry.

• Rulings related to child support, custody, or adoption that have effects in Chile.

• Civil or commercial judgments, such as debt collection, indemnification, or contract enforcement cases.

Basic Requirements

For the Supreme Court to grant an exequatur, the foreign judgment must:

• Be final and enforceable in the country of origin.

• Have been issued by a competent court.

• Not contravene Chilean law or public policy.

• Comply with the necessary legalization and apostille requirements, and include a translation if applicable.

• Respect the principle of reciprocity, meaning that the country of origin also recognizes Chilean judgments.

  
  

Common Mistakes

Applications are often rejected due to formal issues such as:

• Submitting simple copies without proper legalization or apostille.

• Failing to provide official translations when the judgment is in a language other than Spanish.

• Attempting to enforce in Chile rulings that are not yet final in the country of origin.

The success of an exequatur largely depends on a well-prepared and complete submission of documents, as well as a proper understanding of the requirements set by the Supreme Court.

Having specialized legal assistance can help anticipate potential objections, shorten processing times, and ensure that the foreign judgment produces the intended legal effects in Chile.

At MarinLaw Offices, we have assisted both foreign and Chilean clients in this type of proceeding, from family matters to commercial disputes involving debt collection, breach of contract, and other related issues, ensuring that foreign judgments can be effectively recognized and enforced in Chile.

If you need to have a foreign judgment recognized in Chile, timely legal guidance can make all the difference.

For more information or legal advice on this matter, please do not hesitate to contact us. This article does not constitute legal advice.