Bilingual Documents for Overseas Use

A bilingual document sets out the same text in two languages, usually English and the destination's language side by side, so that you can understand what you sign and the foreign office can read it without a separate translation. It is common for powers of attorney going abroad, and a notary can witness it.

Key takeaways

• A bilingual document puts English and a foreign language side by side, often in two columns.
• It can avoid a separate translation abroad and help you understand exactly what you are signing.
• The two versions must say the same thing. A translator's declaration often confirms that.
• Include a clause saying which language prevails if they differ, where the foreign lawyer advises it.
• Some countries still require documents in their language only, or a sworn translation. Ask first.

Why use a bilingual document?

When you sign a document in Australia for use overseas, two people need to understand it: you, and the official abroad who will act on it. If the document is in English only, the foreign office may need a translation, which can mean extra cost, delay and sometimes a sworn translator in that country. If it is in the foreign language only, you may not fully understand what you are signing, and the Australian notary may not be able to confirm that you do.

A bilingual document solves both problems. You read the English column, the foreign official reads their own, and both are the same text. Foreign lawyers and notaries often prepare powers of attorney, declarations and consents this way for clients abroad, precisely because it makes the document usable at both ends. Our guide to international powers of attorney explains the most common use.

How is a bilingual document laid out?

The most common layout is two columns, with English on one side and the foreign language on the other, clause by clause, so that a reader can compare any sentence with its counterpart. Some documents alternate paragraphs instead, or put the full English text first and the full foreign text after it. Whatever the layout, the two versions should follow the same structure and numbering, so that nobody can mistake which clause corresponds to which.

There is usually a single signature block at the end, covering both versions, and the notary's certificate is attached after it. Names, dates, addresses and identification numbers should appear identically in both columns, spelled as in your passport, so that the foreign office does not see two versions of your details.

How do you know the two versions match?

This is the key question, both for you and for the notary. If the document was prepared by a foreign lawyer or notary, they will usually have produced both versions and may certify that they match. If you are preparing it yourself, or adapting a foreign document, ask a qualified translator to prepare or check the foreign-language version and to sign a declaration that the two versions correspond.

A translator's declaration can be witnessed by a notary, which gives the foreign office extra assurance. In Australia, a NAATI-credentialled translator is the usual choice, although the foreign office decides whose translation it accepts. Our guides to NAATI translations with a notary and to documents in a language you do not read explain how the notary approaches it.

Can a notary witness a document in a language they do not read?

A notary must be satisfied that you understand what you are signing, and many notaries will also want to understand the document themselves. With a bilingual document, the English version usually makes that possible. Where the notary cannot read the foreign column, they will generally rely on the English version together with evidence that the two match, such as a translator's declaration or the foreign lawyer's confirmation, and their certificate may record that.

If the document is only in a foreign language, the notary may ask for a translation before witnessing it, or may decline. That is one of the strongest reasons to prepare it bilingually from the start. Our guide to when a notary can refuse to notarise explains why understanding matters.

Format	Advantages	Watch out for
Bilingual, two columns	You and the foreign office both understand it	The two versions must match exactly
English only, translated abroad	Simple to sign in Australia	Extra translation step and cost abroad
English with an Australian translation attached	Everything done before it leaves	Whether the destination accepts the translation
Foreign language only	Familiar to the foreign office	You and the notary may not understand it
Foreign language only, with a translator's declaration	Notary can rely on the declaration	Extra step; the declaration must be witnessed

Which language prevails?

Even careful translations can differ in nuance, and a legal dispute can turn on a single word. Many bilingual documents therefore include a clause stating which language prevails if the two versions are inconsistent. For a document used in a foreign country, that is often the foreign language, because local officials and courts will work from it. Sometimes English is chosen, or both are stated to be equally authoritative.

The right choice depends on the country's rules and the document's purpose, so follow the foreign lawyer's advice. Whichever language prevails, make sure you understand that version, because it is the one you are bound by. If you cannot read it, rely on a translator you trust, not on the other party's summary.

Does a bilingual document still need an apostille?

If the foreign office wants the document notarised and apostilled, the language makes no difference to that step. The notary witnesses your signature and attaches a notarial certificate, and DFAT adds an apostille confirming the notary's signature, for countries in the Hague Apostille Convention, or an authentication followed by embassy legalisation for others. Check the destination on the HCCH status table.

The apostille itself will be in English, as will the notarial certificate unless the notary prepares it bilingually. Some destinations want those translated too, even when the main document is bilingual. Ask the foreign office, and see our guide to which documents can be apostilled.

When is a bilingual document not enough?

Some countries require documents presented to certain authorities, such as courts, land registries or civil registries, to be in their official language only, or to be accompanied by a translation made by a sworn translator in that country, even if a bilingual version exists. In those cases a bilingual document may still help you understand what you signed, but it will not remove the local translation step. Ask the foreign lawyer or office what it requires before the document is prepared.

What about bilingual notarial certificates?

The notary's own certificate is usually in English. Some destinations expect the notarial certificate to be in their language too, or at least bilingual, so that the local official can read what the notary did without a translation. Some notaries can prepare bilingual certificates in common forms, or will attach a translation of the certificate prepared by a translator. If the foreign office mentions the certificate's language, raise it with the notary when you book, so it can be prepared in the right form from the start rather than translated afterwards.

How do you prepare a bilingual document?

1. Ask the foreign lawyer or office whether it accepts bilingual documents and which language should prevail.
2. Get both versions prepared by the foreign lawyer or a qualified translator, with matching structure.
3. Check names, dates and numbers appear identically in both columns, as in your passport.
4. Obtain a translator's declaration if the notary or foreign office wants confirmation that the versions match.
5. Sign before the notary, then have DFAT apostille or authenticate it if required.

What does this look like in practice?

Here is an illustration, not a real case. Ahmet, in Sydney, is giving his brother a power of attorney to sell a flat in Türkiye. The Turkish lawyer offers either a Turkish-only document or a bilingual one.

Ahmet chooses the bilingual version, in two columns, with Turkish stated to prevail, as the lawyer advises. A NAATI-credentialled translator checks that the English matches and signs a declaration, which the notary witnesses along with Ahmet's signature on the power. DFAT adds apostilles, and the Turkish notary accepts the documents. Ahmet knows exactly what he signed, and the Turkish office could read it without a further translation.

In short

A bilingual document sets English and the destination's language side by side, so you understand what you sign and the foreign office can read it. The two versions must match, often confirmed by a translator's declaration, and a clause can say which language prevails. A notary witnesses it as usual, and DFAT adds an apostille if asked. Check first that the destination accepts bilingual documents.

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Preparing a bilingual document for use overseas? Send us the draft and the instructions you were given, and we will explain each step before you book. For translation with notarial certification, see our NAATI translation with notary certification service.