Apostille

When someone is involved in a legal international process (whether judicial or non-judicial), they need to bear in mind that, in most cases, they will have to “validate” documents to be used abroad.

There are two known standard validation administrative procedures:

1. Apostille.
2. Legalisation.

Whether the country where the document is to be “legalised” is a member  of  “The Hague Convention” will determine which of the above applies. The countries that adhere to the Convention mutually recognise the legal validity of the “Apostille”.

The aforementioned International Treaty is a permanent organisation created on the 5th of October 1961, with the objective of simplifying international administrative procedures between its members. More than 180 countries and independent jurisdictions form part of this Treaty. It facilitates the circulation of public documents executed in any member country to be produced in another with the mere issuance of an Apostille. Signatory countries use the same or a very similar model.

The definition of the Apostille is 'the validation of a document issued in one member country for use in another’. The Apostille on a “foreign” public document certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and where appropriate, the identity of the seal or stamp which the document bears. Apostilles are always issued in the official language of the country of origin. However, the 10 information items included are universal across all Apostilles to ensure that anyone can identify the information regardless of the language.

It is also important to mention the Regulation on Public Documents 2016/1191 in force since the 16^th of February 2019 in the EU that aims to avoid red tape and costs for citizens when they need to present in one EU country a public document issued in another EU country without requiring that a so-called Apostille be attached to the document. Examples of these documents include birth, marriage and death certificates, parenthood, adoption, residence, or citizenship, etc. The regulation also covers criminal record extracts issued for the purpose of attesting that a person does not have a criminal record. Documents obtained before the reform must also be accepted within the framework of the Regulation.  Multilingual standard forms for the use of Member States have also been introduced, reducing the need for translations.

When documents originate in a country that has not ratified the Hague Convention, the Apostille cannot be affixed. In such circumstances, where a document must be used in a Spanish legal process and needs to be “authenticated”, the method to be used is the “Legalisation” process in place in the country that has issued the document. Usually, in this instance, documents will also require legalisation by the corresponding embassy.

It is very important to always ask for advice on the actual procedure that should be followed in your specific instance, Apostille or Legalisation. We offer a very efficient service in guiding you along the steps to follow in whichever case is appropriate.