Family Law in Portugal

The principles of Family Law in Portugal are included in the Constitution and the Civil Code. Special family courts activate in the country, mentioning that residents and non-residents may solve their family cases by requesting the legal advice and support 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.

 

 

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 rights in educational matters. According to the laws in Portugal, both parents have the rights to solicit maternity and paternity periods as employees in Portugal. There is no discrimination between children born in a family with married parents 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.

 

 

In Portugal, the 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 for persons 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.

 

Marriage in Portugal - what you need to know

1. Foreigners wanting to get married in Portugal need to complete forms MP1 and MP2.
2. The certificate of no impediment for getting married in Portugal is solicited.
3. The Consulate or Embassy in Portugal accept the payment of fees for marriage registration.
4. The divorce certificate is needed, if one of the citizens have been previously married.
5. The resident permits and the valid passport must be provided when marrying in Portugal.

Same-sex marriage in Portugal

How do I get the divorce in Portugal?

• • the Family Court accepts and deals with the divorce procedures in Portugal;
• • the Family Proceedings Court in Portugal is in charge of contested divorce cases;
• • spouses getting a divorce in Portugal won’t need to reveal the reasons for separation;
• • reconciliation is the first step made at the Civil Registry Office when asking for mutual agreement divorce.

Children and the Family Law in Portugal

• • there are around 2 divorce cases/1000 residents in Portugal, according to statistics for 2018;
• • there are proximately 3 marriages/1000 residents in Portugal;
• • 50% is the rate of births from unmarried couples in Portugal;
• • according to statistics, couples in Portugal are married for approximately 15 years.

 

You can contact our law firm in Portugal for more information on family law matters and legal aid.