If you want a foreign document to be valid in Spain, you have probably heard of the Hague Apostille. This is an essential requirement for certain public documents issued abroad to be recognised by the Spanish authorities.
Here at Welex, your English-speaking law firm in Marbella, we explain what this procedure involves and when it is necessary.
What is the Hague Apostille?
The Hague Apostille is a certificate attached to a public document to confirm that it is authentic and can be recognised in another country that is a signatory to the Hague Convention.
This means you do not need to visit embassies or consulates to legalise documents.
For example, some documents that require this apostille include:
- Notarial deeds.
- University degrees.
- Criminal record certificates.
- Tax residence certificates.
- Birth, marriage or death certificates.
- Other public documents issued by competent authorities.
When do you need a Hague Apostille in Spain?
If you need to submit a document in Spain that was issued by a country that is a signatory to the Hague Convention, that document must bear the relevant Hague Apostille to be recognised by the Spanish authorities.
It is important to bear in mind that the Apostille must always be obtained in the country of origin of the document.
For example:
- In the Netherlands, the district courts are responsible for issuing the Apostille.
- In Belgium, it can be obtained from the competent central authority in Brussels or from authorised local courts or authorities.
- In Spain, the Apostille can be obtained from a notary.
Countries that apply the Hague Convention
There are currently more than 120 member countries of the Hague Convention. This means that in these countries, your documents can be recognised in any other member country through the Hague Apostille.
Some of the countries that are party to the Convention are:
- Spain.
- France.
- Germany.
- Italy.
- Portugal.
- The Netherlands.
- Belgium.
The full list of Member States can be found on the website of the Hague Conference on Private International Law.
What happens if the country is not a party to the Hague Convention?
When the country of origin of the document is not a member of the Hague Convention, the apostille does not apply. If the country is not a member of the Hague Convention, you will need to go to an embassy or consulate to have the document legalised, which is a slower, more complex and more expensive process.
This requirement may also apply to international inheritance documents. Read our article: Is a will in Spain mandatory for foreign property owners?
Sworn translation: a key requirement in Spain
Finally, once the document has been apostilled, it must be translated into Spanish by a sworn translator.
A sworn translation is an official translation that is fully legally valid in Spain and must include:
- The signature of the sworn translator.
- The relevant official stamp.
- A statement certifying the fidelity and accuracy of the translation in relation to the original document.
These translations may only be carried out by sworn translators who have been previously authorised by the State.
In certain procedures, such as purchasing property, you must also submit apostilled and sworn translated documents. Learn more in our article Marital Agreements in Spain: How to Register Them.
Conclusion
The Hague Apostille enables us to recognise documents signed in other countries internationally, thereby saving us time and avoiding complications.
If you need assistance with document legalisation, apostilles or sworn translations, visit our Procedures in Spain page or contact our team.
Do you need to have a foreign document apostilled?
At Welex Abogados, we advise individuals, companies and international investors on all procedures relating to the validity of foreign documents in Spain. We help you to check whether your documents require an Apostille, legalisation or a certified translation, thereby avoiding errors that could delay your administrative or legal proceedings.
Our team will support you throughout the process to ensure your documents meet the requirements set by the Spanish authorities, offering you a prompt, personalised service tailored to your needs.
Contact Welex Abogados for specialist legal advice. We’ll be delighted to help ensure your documents are fully valid in Spain as quickly and securely as possible.
This article was written by Ana Sánchez, lawyer at Welex in Marbella, whose analytical skills and responsiveness ensure efficient legal solutions.
