In Portugal, the legal grounds for divorce are subject to Decree-Law No. 47344. We discuss the different legal grounds for divorce in Portugal, the different types of divorce, and what documentation is required to obtain a divorce in Portugal.
Common queries on getting a divorce in Portugal.
The different types of divorce in Portugal.
Find out what the legal grounds for divorce are in Portugal.
How the child arrangements are dealt with in Portugal.
How to contest a divorce in Portugal.
The documents you will need to prepare to get a divorce in Portugal.
Find out how our Portuguese family lawyers can assist.
Common concerns on getting a divorce in Portugal.
There are three types of divorce in Portugal. If there is agreement between the couple, mutual consent is the fastest and most convenient option for getting a divorce in Portugal. However, this option requires both parties to agree on all the options linked to their divorce, such as child arrangement and division of the matrimonal assets and financial arrangements, which is understandably not always possible.
A contested divorce, on the other hand, is a more drawn-out procedure, and often takes place in a courtroom.
The different types of divorce in Portugal:
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The grounds provided under the Portuguese Civil Code, that governs all civil matters including marriage are as follows:
You do not need the consent of your partner to apply for divorce in Portugal. However, embarking on divorce without the consent of both parties can be a lengthy and costly experience and must be heard in court.
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If you feel it will be possible to come to a resolution instead of a divorce, then a professional family mediator will help you to reconcile if this is possible. However, if mediation is unsuccessful, you will need to file for divorce.
In divorce cases involving children are monitored by the Public Prosecution Service in Portugal which will also verify the agreements reached regarding the children. If both parents reach an acceptable agreement for the children, a judge may consent the mutual divorce in Portugal and make it official.
In a court hearing where both parents cannot come to an agreement on child arrangements, the court will make the decision based on what is in the best interests of the children including education, financial support, and other factors.
Following a divorce, Portuguese family law asserts that both parents must agree to take care of the education and the good upbringing of the minor children of the marriage. The child will reside with one parent and the other will share the expenses, including food and clothing, until the child reaches the age of 18.
The Portuguese authorities place great importance on the protection of minor children and their rights, and there are serious consequences for parents who abandon their parental rights or if the non-custodial parent attempts child abduction. The penalties may involve imprisonment in some cases.
The local office of the Family Proceedings Court in Portugal deals with contested issues which can appear if, after a settled divorce petition, in relation to the associated issues such as the financial or child arrangements. As soon as you have started a petition for, the should instruct a lawyer who lawyer will discuss all the issues. In most contested divorces, a judge will make a final decision within 30 days.
Legal separation is an alternative to divorce. It does not dissolve the union like a divorce; however, it eliminates cohabitation and shared land obligations.
While a legal separation can be updated to divorce when the couple has been separated for one year. Legally separated individuals can live separately, and are often advised to try mediation.
To apply for divorce in Portugal, both partners or the lawyers representing them must present a few documents, including the following:
Our well-regarded lawyers are committed to the provision of excellence and can advise and assist on a wide range of contentious and non-contentious legal issues. Our lawyers have multilingual and multi-jurisdictional capacity, and we can ensure you understand the laws in place if you are a foreign citizen.
We will also advise you on your options, and provide expert guidance on what documents you need to prepare to get a divorce in Portugal.
Spouses can keep the grounds of divorce private.
The Family Proceedings Court in Portugal oversees contested divorces.
How are assets divided following a divorce in Portugal?