One often needs to translate his/her Divorce Certificate or Divorce Decree from Spanish into English for USCIS, US courts and other authorities. The Foreign Document Translation Service provides fast and high quality certified translation of a Spanish Divorce Certificate or Divorce Decree at a low flat rate per page. Below we share our expertise on what is a Spanish divorce certificate and common uses for a certified translation of a Spanish divorce certificate to help you decide if you need one.
What is a Spanish Divorce Certificate or Divorce Decree?
A divorce decree is a court order declaring the legal termination of a marriage and laying down the terms and conditions of the divorce such as child support fees, child custody and amount of alimony if any. This decree is prepared by the court where the divorce proceedings took place, and requires the signature of the judge. A divorce certificate, on the other hand, is a certification of the fact of divorce and provides basic information about the divorce such as the full names of the former spouses, their date of marriage, and the date that the divorce was granted by the court.
Most countries, including the United States, recognize and respect divorces that take place in other countries. The problem when it comes to enforcing the terms of a divorce decree, however, is that not all countries issue such documents in the English language. It thus becomes very difficult for an American judge to give effect to a divorce decree or a divorce certificate written in another language when the judge himself cannot be certain as to what the decree intends or says. A certified translation of foreign decrees such as a Spanish Divorce Certificate is thus required by the courts in order for the judge to enforce the terms and conditions of the divorce and to give full effect to a divorce that may have been granted in Latin America or other Spanish-speaking territory.
Common Uses of Spanish Divorce Certificate Certified Translation.
- Re-Marriage. Most divorces that are issued overseas are also recognized and respected in the US. This means that individuals who have been previously married in a Spanish-speaking country and who have also acquired a divorce in that country are allowed to remarry in the United States. For them to acquire a marriage license, however, they may need to submit a copy of their divorce decree to the concerned licensing agency. If the decree is written in Spanish, then a certified translation of Spanish Divorce Certificate will be required.
- Inheritance Disputes. When a marriage is terminated and a divorce is validly obtained in the US or overseas, the right of each spouse to inherit property from the other is also considered to be terminated. This means that the prior spouse will no longer be entitled to receive the inheritance that may be provided by law for a dead person’s surviving spouse.
As far as the law is concerned, divorce extinguishes the right of each spouse to inherit from the other unless the will clearly states an intention to bequeath property to the previous spouse despite the divorce. If two marriages were contracted during the lifetime of the deceased, however, inheritance disputes can arise wherein the previous spouse might present herself as the surviving spouse and therefore cause a prolonged dispute over which spouse should inherit the property.
In cases wherein there are two persons claiming to be the legally surviving spouse of the deceased, the presentation of a divorce certificate is considered as strong proof against the former spouse’s right to inherit. The certificate should clearly state that a divorce has been granted to the deceased and the other spouse, thereby terminating the previous marriage and all rights and obligations as a married couple. If a certified and notarized translation of a foreign divorce certificate is submitted in court, this will go a long way in protecting one’s inheritance rights against the other contesting spouse.
- Insurance Claims. A divorce certificate may also be presented as proof against a former spouse claiming to be the beneficiary of his or her former spouse’s life insurance. A copy of such a divorce certificate and its certified translation can enable the real surviving spouse as well as the children and descendants of the deceased to contest the claim of the previous spouse and protect their right over the insurance proceeds. Some insurance companies only require that a certified translation of Spanish Divorce Decree be submitted. If the dispute has already reached the courts, however, notarization may also be required by the court in order for the translation to be considered as admissible evidence.
In the same vein, one can also defend himself from charges of bigamy or polygamy by presenting a validly issued Spanish divorce certificate in court which will prove that the prior marriage has already been legally terminated.
The effectiveness of a certified translation of Spanish Divorce Certificate in granting the right to remarry is considered to be applicable to both American citizens and foreign spouses who may have already immigrated to America.