Divorce in Portugal - Legal Assistance for Foreigners
Divorce Procedure in PortugalUpdated on Sunday 28th May 2023
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|Divorce procedure in Portugal|| |
In Portugal, divorce can be initiated by mutual consent of both spouses or by one spouse through a litigious procedure.
Our Portuguese divorce lawyers can help you navigate this process.
Reasons for getting a divorce in Portugal
|Divorce in Portugal is governed by the Portuguese Civil Code, which specifies grounds for divorce, such as violations of matrimonial duties and living separately for three consecutive years.|
Mutual agreement divorce in Portugal
The Civil Registry Office handles divorce applications by mutual agreement, including issues such as child custody and financial arrangements.
|Contesting a divorce in Portugal|| |
One parent may contest the divorce within 30 days, if he/she disagrees on child custody or maintenance.
Evidence must be presented at a scheduled hearing with a Portuguese lawyer.
In contested divorces, a judge typically reaches a verdict within 30 days.
|Changing the name after a divorce|| |
Women can decide whether to keep their married name or revert to their pre-marriage name, but the husband must agree on keeping the family name of the ex-spouse.
|Contentious vs. litigious divorce|| |
Contentious divorces include disagreements over issues while both parties still try to negotiate a settlement on their own or with the help of a mediator.
A litigious divorce means that the divorce is being handled in a court of law.
|Separation vs. divorce|| |
Separation allows couples to live apart and remain legally married, while divorce legally terminates the marriage.
|Where to file a divorce in Portugal|| |
Litigious divorce is handled by the family court and requires filing a petition including a valid reason for divorce.
Divorce by mutual consent is handled by the Civil Registry Office and requires both spouses to file a petition with details on property and custody.
|Distribution of assets|| |
Assets can be distributed through agreement or court proceedings.
Contact our Portuguese attorneys if you have issues in distribution of assets during a divorce.
|Legal separation in Portugal|| |
Legal separation is an alternative to divorce, when a couple can live apart, but remain legally married.
If one spouse receives a petition to turn the separation into a divorce, he/she has 15 days to respond.
|Mediation before divorce in Portugal|| |
Spouses who intend to divorce can seek the help of a professional family mediator to find a resolution.
|Annulment of a marriage|| |
A marriage can be annulled for reasons such as forced marriage, underage spouses, or marriage without witnesses.
|Inheritance Law in Portugal|| |
Inheritance Law prioritizes the spouse and children as inheritors.
|Family Law in Portugal|| |
Divorced parents must provide for the education and upbringing of their minor child, with one parent providing domicile and the other contributing to expenses until the child turns 18.
|Why choose our team of lawyers from Portugal||Our attorneys in Portugal provide careful evaluation and explain spouse rights from the beginning of each divorce case to ensure a smooth process, especially when minor children are involved.|
Grounds for divorce in Portugal
What is a mutual agreement divorce in Portugal?
How can I contest a divorce in Portugal?
Do I need to change the name after a divorce?
Where to file for divorce in Portugal
- 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.
The distribution of assets in a divorce process in Portugal
What is legal separation in Portugal?
Mediation before divorce in Portugal
The annulment of a marriage in Portugal
Same-sex marriage and divorce in Portugal
Prenups in Portugal
The Family Law in Portugal
What does the Inheritance Law stipulate?
- The wife/husband and the children are the first in line to inherit the assets.
- The estate is distributed in an equal manner to children if there is no spouse.
- In case there are no children and no spouse, the family relatives (brothers and sisters) are next in line.
Change of name after the divorce process
Legal representation is important in the case of a divorce
Choose our team of lawyers from Portugal
FAQ about divorce in Portugal
- According to statistics for 2018, there were around 34,600 marriages registered in Portugal.
- Around 68% of the marriages represented the first one for the couples in 2018.
- Around 17.3 years was the average length of marriage in Portugal in the same year.
- About 20,300 divorce cases were registered in Portugal in 2019, according to xinhuanet.com.
- 61,4% was the divorce rate per 100 marriages in Portugal in 2019.