How to Enforce a Foreign Judgment in Peru: The Exequatur Process Explained
The exequatur in Peru is the judicial process through which a Peruvian court — specifically the Civil Division of the Superior Court of Justice of Lima — formally recognizes and enforces a foreign judgment, such as a divorce decree, custody order, or inheritance ruling. It is governed by Articles 2102 to 2111 of the Peruvian Code of Civil Procedure. Dr. Alberto Miranda handles the full process remotely from Lima — no travel to Peru required.
What is the exequatur in Peru and who can request it?
When a court in the United States, Spain, Italy, Japan, Germany, France, or any other country issues a divorce decree, custody order, inheritance ruling, or alimony judgment, that decision does not automatically carry legal weight in Peru. For it to produce legal effects — for example, to update civil status records at RENIEC or to enforce a property settlement — the Peruvian judiciary must formally recognize it through the exequatur process.
The exequatur does not reopen the merits of the case. The Peruvian court does not revisit whether the foreign judge decided correctly — it verifies only that the judgment meets formal requirements and does not violate Peruvian public order or applicable international treaties.
What is the legal basis for the exequatur in Peru?
Article 2102 of the Code of Civil Procedure sets out the core conditions a foreign judgment must satisfy to be recognized in Peru:
- It must not involve matters under the exclusive jurisdiction of Peruvian courts.
- It must have been issued by a competent tribunal under private international law rules.
- The defendant must have been properly served and given the opportunity to present a defense.
- The judgment must have the force of res judicata in the country of origin.
- It must not be contrary to international public order or good morals.
- It must not conflict with another judgment that has already acquired the force of res judicata in Peru.
When a bilateral treaty exists between Peru and the country where the judgment was issued — as is the case with several Latin American countries under the Bustamante Code — the treaty provisions apply additionally.
Which court handles the exequatur in Peru?
A frequent misconception is that exequatur proceedings belong to the Supreme Court. Under the current procedural framework, ordinary jurisdiction lies with the Civil Division of the Superior Court of Justice of Lima. The Supreme Court intervenes only in specific cases expressly provided for by law or international treaty.
What documents are required for the exequatur in Peru?
Documentation requirements vary by country of origin, but the following are required in all cases:
| Document | Requirement | Notes |
|---|---|---|
| Certified original or certified copy of the foreign judgment | Mandatory | Signed and sealed by the issuing judicial authority |
| Apostille (Hague Convention) | Member countries of the Convention | USA, Spain, Italy, Japan, Germany, France, UK, among others |
| Peruvian consular legalization | Non-member countries | Alternative to apostille for countries not party to the Hague Convention |
| Official sworn Spanish translation | Mandatory if document is not in Spanish | Only translators accredited by MINJUSDH are accepted |
| Special notarial or consular power of attorney | Mandatory if the applicant is abroad | Drafted by Dr. Miranda, signed before the Peruvian consulate |
Dr. Miranda coordinates with official sworn translators accredited by the Peruvian Ministry of Justice and Human Rights (MINJUSDH) and verifies the apostille or legalization of each document before filing the petition.
Do you have a foreign judgment that needs to be recognized in Peru? Dr. Miranda evaluates your case from Lima — no travel required.
WhatsApp Dr. Miranda Contact formHow does the exequatur process work step by step?
The procedure involves the following stages:
- Initial assessment: Dr. Miranda reviews the foreign judgment, verifies compliance with Article 2102 of the Code of Civil Procedure, and identifies any missing documentation.
- File preparation: The apostilled judgment, official translations, and consular power of attorney (if the client is abroad) are assembled.
- Filing the petition: The exequatur petition is submitted to the Civil Division of the Superior Court of Justice of Lima.
- Service of process: The opposing party — or, where applicable, the Public Prosecutor's Office — is notified pursuant to Article 2106 of the Code of Civil Procedure.
- Court ruling: The Civil Division issues the resolution granting or denying recognition.
- Registry filing: Once the ruling is final, it is registered at RENIEC (for divorces) or SUNARP (for property-related matters), as applicable.
How long does the exequatur take in Peru?
Petitions submitted with complete, properly apostilled documentation tend to follow a more predictable timeline. The most common causes of delay are unofficial translations, defective apostilles, and international service of process on defendants abroad — which requires letters rogatory.
Can I handle the exequatur from abroad without traveling to Peru?
The process for clients abroad works as follows:
- Dr. Miranda drafts the special power of attorney with the precise faculties required to file and pursue the exequatur.
- The client signs the power before the Peruvian consulate in their city.
- The document is apostilled (Hague Convention countries) or consularly legalized (non-member countries).
- Dr. Miranda receives the document in Lima and manages the entire judicial process.
Clients from the United States, Spain, Italy, Japan, Germany, France, the United Kingdom, Canada, Switzerland, and Brazil have successfully completed their exequatur proceedings remotely through this process.
Which types of foreign judgments qualify for exequatur in Peru?
The most frequent cases handled by Dr. Miranda include:
- Foreign divorce decrees: Particularly from the United States (California FL-180/FL-190 forms, Florida, Texas, and New York divorce decrees), Spain, Italy, and Japan.
- Custody and visitation orders: For registration at RENIEC or enforcement in Peru.
- Alimony and child support rulings: To enforce payment obligations through the Peruvian judiciary.
- Inheritance declarations: To register succession rights over assets held in Peru.
- International arbitral awards: For enforcement in Peru pursuant to Legislative Decree No. 1071 and the New York Convention.
Exequatur in Peru for foreign law firms and attorneys
If your client has a judgment that needs to be enforced in Peru, or if you require a formal legal opinion on Peruvian private international law for proceedings in your jurisdiction, Dr. Miranda offers full B2B correspondence services. All written communications and reports are available in English.
Contact for law firm inquiries: counsel@albertomiranda.org or through the international contact form.
Need to enforce a foreign judgment in Peru?
Dr. Alberto Miranda handles your exequatur from Lima. 100% remote service. No travel to Peru required.
WhatsApp Dr. Miranda Read verified client reviewsFrequently asked questions about the exequatur in Peru
What is the difference between an apostille and an exequatur?
An apostille authenticates the signature and seal of a public document so it is recognized in another country signatory to the 1961 Hague Convention. The exequatur is a Peruvian judicial process that grants enforcement power to the already apostilled judgment. The apostille is a prerequisite for the exequatur — not a substitute for it.
Does a US divorce decree need to be recognized in Peru through exequatur?
Yes. Any divorce pronounced by a foreign court — including those from the United States — requires exequatur to produce legal effects in Peru: to update civil status records at RENIEC, to remarry in Peru, or to dispose of jointly registered property at SUNARP.
Can the exequatur ruling be challenged?
Yes. The ruling granting or denying the exequatur may be appealed under the general rules of the Peruvian Code of Civil Procedure. Valid grounds include procedural fraud, violation of due process rights, and contravention of international public order. The appeal must be filed within the statutory deadlines.
What happens if the other party is abroad during the proceedings?
Service of process on a defendant abroad is carried out through letters rogatory (exhorto internacional), pursuant to Article 2106 of the Code of Civil Procedure. This may extend the overall timeframe. Dr. Miranda coordinates service through the most efficient mechanisms available depending on the defendant's country of residence.
Can the exequatur proceed if the other party does not cooperate?
Yes. If the defendant fails to respond within the statutory period, the proceedings continue in default (rebeldía) under the Peruvian Code of Civil Procedure. The opposing party's lack of cooperation does not prevent a favorable ruling if the foreign judgment satisfies the legal requirements of Article 2102.
Does the exequatur apply to foreign arbitral awards?
Yes. International arbitral awards are enforceable in Peru through the exequatur process, governed by Legislative Decree No. 1071 (Peruvian Arbitration Law) and the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Peru is a signatory.
How long is the consular power of attorney valid for exequatur purposes?
Peruvian law does not establish an automatic expiry for consular powers of attorney, but it is advisable to use a document issued within the past year to avoid observations from the court or notary. Dr. Miranda specifies the appropriate validity period in the draft power based on the specific proceedings.
Dr. Alberto Miranda · Abogado peruano colegiado (CAL N.º 39450) · Fundador de Alberto Miranda Abogados, Lima, 2003 · Más de 20 años de ejercicio exclusivo en derecho internacional privado · Atención 100% remota desde Lima, Perú · Atiende a peruanos en EE.UU., España, Italia, Alemania, Francia, Reino Unido, Japón, Canadá y Suiza, y a extranjeros con gestiones legales en Perú · Servicios: divorcio internacional · matrimonio por poder · herencias transfronterizas · poderes consulares · exequátur · Conciliador extrajudicial acreditado (MINJUS N.º 18991) · Miembro activo de la Asociación Europea de Abogados (AEA, 2020) · Autor publicado en la Illinois State Bar Association (ISBA, 2024) · +200 reseñas verificadas en Google