The principles of Family Law in Portugal
are included in the Constitution and the Civil Code. Special family courts
activate in the country and residents and non-residents may solve their family cases by requesting the aid of a lawyer in Portugal or by resorting to alternative dispute resolution methods.
The team at our law firm in Portugal
can help you with legal representation and advice in all cases concerning family matters.
Constitutional family rights in Portugal
The Constitution of Portugal allows for equal rights to form a family and to conclude a marriage
. The husband and the wife are given equal rights in the education and care of their child and the family has primary right in educational matters.
According to law, individuals are entitled to protection both for maternity and paternity and this is reflected in the rights of employees in Portugal. There is no discrimination between children born when the parents are married and those born as non-marital children.
International marriage and divorce
are possible in Portugal and the spouses will be subject to the Portuguese marriage and/or civil partnership principles. The needs and rights of the children born in Portugal after a marriage in the country will be as per the Constitutional rights.
One of our attorneys in Portugal can give you detailed information on the conditions for marriage and divorce but also on co-habitation between partners, as civil partnerships are recognized in the country.
Civil family rights in Portugal
In Portugal, Family Law
is based on civil law case and on the respective Books in the Civil Code
. The capacity to marry and to conclude valid marriages is defined in the Family Law. Non-residents may also get married in Portugal, if they fulfill the basic rules for concluding a valid marriage contract, including being over 16 years of age, not suffering from serious and/or incapacitating mental disease and not be already married. Premarital agreements are enforceable in Portugal.
There are three main courts in the country that deal with family law matters, including the Family Tribunal and the Minor’s Tribunal. Family law cases are brought before the ordinary courts
, specialized in family law cases, which also benefit from the assistance of social workers. Divorce cases in Portugal are brought before the highest courts in the country, located in Lisbon, Porto, Faro, and other cities.
Individuals may request the help of a team of lawyers in Portugal for assistance in all family cases. In some situations, the issues are solved and negotiated outside of court.