Apostille, Legalisation and Sworn Translation: What's the Difference?

This is one of the points that causes the most confusion among people submitting foreign documents to a Spanish authority for the first time: the apostille, consular legalisation and sworn translation are three distinct procedures, each serving a different purpose, and in most cases they are complementary rather than interchangeable.

What is the Hague Apostille?

It is a certificate issued by an authority in the document's country of origin (in the United States, for example, the Secretary of State of the relevant state) that certifies the authenticity of the signature, seal and capacity of the official who issued the original document. It is only valid between countries that are signatories to the 1961 Hague Convention.

What is consular legalisation?

It is the equivalent procedure to the apostille, but for documents from countries that are not party to the Hague Convention. In these cases, the document must be legalised at the relevant consulate or embassy before it can be used in Spain.

What does the sworn translation do?

The sworn translation certifies that the content of the document — whether apostilled, legalised, or neither — has been faithfully rendered into Spanish, bearing the signature and stamp of a translator-interpreter appointed by the Ministry of Foreign Affairs. It does not certify the authenticity of the original document; that is the exclusive function of the apostille or legalisation.

The apostille and legalisation certify that the original document is authentic; the sworn translation certifies that its content has been accurately rendered into Spanish. These are different procedures, and normally both are required.

In what order are these procedures carried out?

As a general rule, the original document is apostilled or legalised first, and then translated under sworn certification, with the translation including the text of the apostille or legalisation itself. Submitting the translation before apostilling the document usually means the order has to be repeated, since the apostille stamp must also be reflected in the translation.

Does every document need an apostille?

No. It depends on the type of document and the Spanish authority it is submitted to. Some procedures accept the document without an apostille; others require it explicitly. When in doubt, it is worth confirming with the receiving authority before starting the process.

Can you advise me on whether my document needs an apostille?

When the document is sent, it is possible to assess — based on the type of procedure and country of origin — whether an apostille or legalisation is likely to be required, although the final confirmation always rests with the authority requesting the document.