Dissolving a foreign marriage in Panama seems complicated, but with the right guidance and understanding of the parameters, the procedure becomes clearer. Every Panamanian or resident of the country married abroad can request an international divorce before the Panamanian courts as long as the legally established requirements are met. In this article, we will look at how to handle these types of cases.
Main Insights
- To process the dissolution of a foreign marriage, it is a necessary requirement that such unions be enrolled in the Civil Registry of Panama.
- Panama allows both citizens and foreigners to request the dissolution of their union without being physically present, as long as they comply with legal requirements and grant a notarized power of attorney to a local lawyer.
- If the divorce or annulment was already decreed in another country, the judgment does not have automatic validity in Panama. The exequatur process is required.
Panamanian Legal System and Dissolution of Foreign Marriages
The Family Code recognizes the civil effects of marital unions celebrated outside the national territory as long as they do not contravene Panama law. In these cases, when one wants to end the relationship, the person may do so before the Panamanian courts through international divorce or annulment of a foreign marriage, as applicable.
The State also requires that every marital union be officially registered or possess proper legality. When dealing with a foreign marriage, registration with the Civil Registry of Panama is mandatory. Without this process, the court cannot process the dissolution or issue a valid judgment.
Legal Options for Matrimonial Dissolution
There are two main avenues for dissolution: divorce or annulment of marriage. Although both procedures have the same objective, their legal foundation differs.
Divorce or annulment of marriage?
The divorce and annulment of marriage result in a judicial declaration that the bond no longer exists. However, the essential difference lies in the fact that the first one recognizes that the union was legally established and dissolves it, while the second one determines that it never produced legal effects, being considered void from the start due to formal errors or impediments. Both cases proceed according to the forms determined by the Family Code.
That regulation also establishes the leading causes of divorce in Panama, which include abandonment, infidelity, incompatibility of character, violence, or prolonged separation. Additionally, when it concerns a foreign marriage, people must prove the union and its subsequent rupture through duly legalized documents.
What is exequatur?
The exequatur is the mechanism through which a Panamanian court grants recognition to a foreign judgment. It becomes indispensable when the dissolution has been issued by an authority outside the Panamanian State, and one wishes it to produce effects in the country. For this, it is necessary to apply to the Supreme Court of Justice, submitting the overseas verdict and the related documents.
The exequatur allows a judgment of divorce or annulment of a foreign marriage to hold the same value as one issued by a Panamanian court. If not processed, the person will still appear as married in the country, even though the union has already been dissolved abroad. For that reason, those who obtain their international divorce outside Panama must process the exequatur so that the decision has validity within national territory.
Documentation and Procedures
The paperwork submitted before the authorities must be in Spanish and legalized through an apostille or consular formality. Without these requirements, the petition cannot proceed. It is advisable to retain certified copies and verify that the data coincide with the civil records of the country where the union took place. However, without the registration of a marriage concluded abroad, the process cannot advance because the union would have no legal effect in Panama.
1. Carrying out the registration of a marriage concluded abroad
As mentioned above, the first step to begin the procedure is the registration of a marriage concluded abroad before the Civil Registry. This process accredits the legal union within the Panama legal order. One must submit the original marriage certificate with its apostille, its official translation into Spanish, and preferably an affidavit attesting to the authenticity of the document. From that moment on, Panamanian courts can recognize the union and proceed with the marital dissolution or annulment.
2. Preparing the legal documentation
The applicant must collect the paperwork for dissolution issued by the country where the foreign marriage took place, which must also be duly translated into Spanish and legalized. Among the required documents are:
- Marriage certificate.
- Birth certificates of the spouses.
- Personal identification document.
- Evidence supporting the request.
In cases of exequatur, it is also required to provide a certified copy of the overseas judgment and a sworn statement declaring that there are no other proceedings pending regarding the foreign marriage.
3. Submitting the request before the competent court
The petition is presented before the family or civil court, depending on the case. When the dissolution proceeds by mutual agreement, the procedure tends to move faster. If the divorce has already been granted abroad, the Supreme Court may intervene through exequatur to recognize the judgment.
When one or both spouses reside outside Panama and decide to start the international divorce process in the country, they must grant a special power of attorney to a qualified Panamanian lawyer, duly legalized or apostilled. This authorization allows the attorney to represent the client throughout the process and finalize the foreign marriage without the client’s physical presence.
The economic regime of the marriage may also be dissolved at this stage. If there are assets jointly owned by both parties, one must provide documentation proving ownership of the property to be divided. The court may issue a certificate confirming the liquidation of the regime.
4. Registration of the dissolution in the Civil Registry
Once the verdict is signed, it must be registered in the Civil Registry so that it has validity in Panama. The process concludes with the interested party’s civil status being updated. The authority provides a certificate that confirms the marital dissolution. In cases that involved an exequatur, the court directly forwards the resolution to the corresponding registry.
Legal Advice for Panamanians and Foreigners
Obtaining a dissolution in Panama for a foreign marriage is an accessible and efficient legal process with the proper guidance. At Kraemer & Kraemer, we provide complete assistance to handle your formality safely, complying with local Family Law requirements and making sure of overseas recognition of the judgment. Contact us for personalized advice on your international divorce or marriage registration procedure.
