Legalization of foreign documents in Spain

1.- Introduction

Currently, we live in a world where international transactions are a daily occurrence, with a continuous exchange of official documentation. However, a public document issued and/or validated by the authority of one country, while fully legitimate there, may require certain formalities to be admitted in another and to exert its value as an official document. For example, when we have an employment contract, a marriage certificate, or an academic degree issued abroad, these documents need to be evaluated in the receiving country to verify their authenticity.

Therefore, in this article, we want to provide you with the guiding keys to understanding the legalization of foreign documents in Spain and vice versa, although for each specific case, it is advisable to seek specialized advice.

2.- What does the legalization of documents consist of?

The legalization of foreign documents is an administrative procedure that serves to attest to the authenticity of the signatures on said public document, granting it validity in the receiving country. In other words, the document needs to be examined to verify that it has indeed been issued by a competent foreign authority so that it can exert all its legal effects in the State in question.

Generally, all foreign public documents need to be legalized to be valid in Spain, just as all Spanish public documents must undergo the same procedure in the corresponding country to be valid abroad.

3.- How is it processed?

Foreign documents can be legalized in Spain through two channels:

1. Legalization by Spanish Embassies or Consulates of documents issued by foreign authorities abroad.
2. Legalization in Spain through the Legalization Service of the Ministry of Foreign Affairs, European Union and Cooperation of documents issued by foreign Consulates and Embassies accredited in Spain.

Legalization carried out by the Ministry’s Legalization Service will be free of charge, while legalizations via Embassies or Consulates will involve the payment of a fee.

On the other hand, for Spanish documents to be legalized in other States, the type of document and the issuing body must be taken into account to complete all corresponding procedures before their legalization by the foreign authority.

4.- Agreements between countries

As the transit of documents between countries becomes increasingly frequent, some States have chosen to sign international agreements to facilitate these bureaucratic procedures for their citizens. Under these agreements, the legalization procedure is significantly simplified in certain cases.

• EU Regulation

Among these agreements, Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 has been applicable to all European Union Member States since February 16, 2019, facilitating the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union.

This Regulation exempts certain public documents requested from the authorities of a Member State from legalization or similar formalities when they are intended to be presented before the authorities of another European Union member. It is important to note that this exemption does not apply to all public documents, such as those relating to civil status issued on the basis of the relevant Conventions of the International Commission on Civil Status.

Furthermore, the Regulation introduces the possibility for citizens to request a multilingual standard form for documents exempt from the procedure, with a translation into the language of the Member State where it is to be presented. However, this multilingual form has no independent legal value and must always be accompanied by the public document it translates.

Here you can consult the list of EU Member States.

• Hague Convention

On the other hand, at an extra-European level, we also find the Hague Convention No. XII of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.

Among the signatory countries of the aforementioned Convention, the legalization procedure will not be necessary, although mutual recognition of documents requires them to have a seal or apostille, commonly known as the “Hague Apostille.” However, as with the EU Regulation, there are certain documents that are not exempt from legalization, in particular, documents issued by diplomatic or consular agents and administrative documents directly related to a commercial or customs operation. If needed, you can find information about the apostille process at the Ministry of Justice.

Here you can find the list of signatory countries of the Hague Convention No. XII.

• Other Conventions

In addition to those mentioned, Spain is also a signatory to other conventions for simplifying legalization procedures, namely the Athens Convention, the Vienna Convention, and the London Convention.

5.- How can we help you?

Our expert lawyers are familiar with judicial and notarial entities to offer an efficient service in processing requests and validating documents, both for Spanish clients wishing to legalize and apostille documents abroad and for foreigners needing to do so in Spain.

Likewise, we collaborate with various firms worldwide to provide accelerated and functional management of document request and validation procedures.

Author: Irene Martín Salguero

International Law Lawyers. Experts in Legalization of foreign documents and vice versa | In Diem: Malaga, Marbella, Seville, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva…

IN DIEM Lawyers has extensive experience and a high degree of specialization in the area of International Law, related to the legalization of foreign documents for validation in Spain or vice versa, offering its clients the necessary advice at all times.

IN DIEM Lawyers has a team with experience in previous roles such as Magistrate-Judge, State Attorney, Prosecutor, or University Professor, which will provide you with peace of mind and security, having the best, competitive, and highly prepared team to achieve your goals and meet your needs.

We are at your disposal for whatever you need. You can reach us via the IN DIEM Lawyers Phone (+34) 901 900 071. For emergencies, you can reach us at the IN DIEM 24-Hour Emergency Lawyers Phone: (+34) 610 667 452.

Did you know that IN DIEM Lawyers has online and urgent services?

We offer our clients the possibility of being assisted by video call or videoconference, as well as by telephone, according to our clients’ preference, so that the assistance is as personal as possible, with absolute immediacy and no need for travel. This service is complemented by communication via email, which facilitates the analysis and delivery of documentation.

Likewise, we provide urgent and 24-hour services for our companies, handling national and international contracting operations.

For more information on the Online Legal Advisory Service HERE, and for the 24-hour and Urgent Service, HERE.

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