Assuming that all public foreign documentation must be legalized in order to be valid in Spain, and all Spanish public documentation must be legalized to be valid abroad, it is important to understand that the term ¨legalizing¨ refers to the process of authorizing or certifying a legal foreign document bearing an authentic signature so a foreign country´s legal system may be able to recognize it.
This process has been simplified due to signed ageements among countries as their has been an increasing need for public legalization of foreign documents worldwide. The most relevant agreement is the Hague Convention of October 5th 1961 which substitutes documentation legalization with a simple stamp or aspostille that never expires.
The original documents, as well as copies issued by Public Administration Authorities, must be legalized, such as notarized authenticity testimonies.
However, foreign documents that are going to have effect in Spain must be translated into Spanish. Only official translations are permitted, such as the following:
- Official translation realized in Spain by a sworn Spanish translator or interpreter appointed by the Ministry.
- Official translation issued by Spanish representation abroad.
- Offiial translation completed by diplomatic or consular representation in Spain from the country issuing the document.
On the other hand, countries that are not part of the Hague Convention must legalize all foreign public documents. In general, each relevant authority must attach their notarization individually. When dealing with a document that has been issued by a non-consular authority in foreigner´s the country of origin, then the Ministry of Foreign Affairs and Cooperation and Spanish Diplomatic Representation or Consular Office in the corresponding country must intervene.
If dealing with documents presented by a duly authorized consular authority in Spain, then it will only require intervention on behalf of the Ministry of Foreign Affairs and Cooperation in Spain.
The following documents shall be exempted from legalization:
- Academic documents submitted to the Spanish Embassy Registry and Spanish Consulates.
- Academic documents submitted to the Spanish Ministry of Education Registry.
Translated by: Katherine Pascal
