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Divorce Procedure in Portugal

Divorce Procedure in Portugal

Updated on Tuesday 07th March 2017

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legal-services-in-portugal.jpgYour marriage may not go as smoothly as you had expected. Sometimes, there is just no other way to settle things, but to end your marriage. Divorce is the dissolution of marriage through the courts or other legal processes. Divorce procedure in Portugal is available for couples who have mutually agreed to undergo it or only one of the spouses has filed for divorce. If both husband and wife consent to dissolve their marriage, the procedure is called divorce on the ground of mutual consent. If only one of the spouses seeks for divorce, the procedure is called litigious divorce. Our Portuguese lawyers have experience in both divorce procedures.

Grounds for divorce in Portugal 

Spouses cannot just dissolve their marriage in Portugal for any reason. There are grounds provided under the Portuguese Civil Code, which is the law that governs civil matters including marriage. Under the code, spouses can go for divorce if either one violates their matrimonial duties and jeopardize their ability to live a normal married life.
Another reason for divorce is termed as objective grounds because the reason is independent from the fault of the spouses. One example is when both spouses have been living separately for three consecutive years. For more grounds on divorce, just approach our attorneys in Portugal.

Where to file for divorce

For litigious divorce in Portugal, the entity that has jurisdiction over the case is the family court. The case is initiated by filing a petition for litigious divorce with the family court. The case is a special proceeding. The family court judge will be the one to decide the case and give a divorce decree. The petition must include a ground for divorce as provided for the Portuguese Civil Code. 
For divorce where there is mutual consent by the parties, the authority in charge of such cases is the Civil Registry Office. Both spouses must file a petition in the Civil Registry Office containing therein a list of their common properties, agreement about the custody of their children, and who will be in charge of the family home. Spouses are not obliged to disclose the specific reason for their decision to end their marriage. For divorce by mutual consent of the parties in Portugal, the director of the Civil Registry Office will meet both spouses and attempt to reconcile them and save their marriage. Our law firm in Portugal is familiar with both types of divorce.
If your decision to have a divorce is final, let our lawyers in Portugal assist you in getting a decree for divorce from the proper authorities.


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