Portuguese Family Lawyers

Particular family courts are present in the nation, meaning that citizens and non-residents can fix their family cases by asking for an attorney's legal counsel and assistance in Portugal or by resorting to alternative dispute resolution procedures.

Our Portuguese firm can assist you with legal representation and advice in all cases concerning family matters.

Constitutional Family Rights in Portugal

The Constitution of Portugal allows equal rights to form a family and to conclude a union. The husband and wife are given equal rights in the education and care of the child.

According to the legislation in Portugal, both parents can solicit maternity and paternity intervals as workers in Portugal. There is absolutely no discrimination between children born in households with married parents and those born as non-marital children.

International union and divorce are possible in Portugal, and the spouses will be subject to the Portuguese union or civil partnership principles. The needs and rights of children born in Portugal after marriage in the nation will be according to constitutional rights.

One of our lawyers in Portugal can provide you with detailed information about the requirements for divorce and marriage and cohabitation between spouses, as civil partnerships are recognised in the nation.

Civil Family Rights in Portugal

In Portugal, Family Law is based on Civil Law and the various chapters in the Civil Code. The ability to marry and to conclude legal unions is defined in the Family Law. Non-residents can also get married in Portugal if they meet the basic rules for finishing a legal marriage contract, such as for people over 16 years old, not suffering from severe and or incapacitating mental disease rather than be married. Premarital agreements are enforceable in Portugal.

There are three top courts in the nation that deal with family law issues, such as the Family Tribunal and the Minor's Tribunal. Family law cases are brought before the ordinary courts, specialised in family law cases, which also benefit from social workers' aid. Divorce cases in Portugal are brought before the nation's highest courts, located in Lisbon, Porto, Faro, and other cities.

Individuals may request the support of a group of attorneys in Portugal for help in all family cases. In some circumstances, the issues are resolved and negotiated out of court.

Marriage in Portugal - everything you need to know

Foreign citizens in Portugal must look at the conditions for getting married in the country, the most important of which is the marriage license. The Civil Registry issues this document in Portugal through the regional offices. It is critical to ask for legal advice when preparing the needed documents:

  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 accepts the payment of charges for union registration.
  4. A divorce certificate is necessary if one of those applicants has been previously married.
  5. The resident licenses and the valid passport must be supplied when marrying in Portugal.

There are no complicated requirements in terms of documents for getting married in Portugal, but it's best to request legal advice and support in this matter. For instance, there are rules for Catholic citizens in Portugal who must offer a letter to the neighbourhood Bishop, the legal question form from the country of origin, the PRE CANA letter, a document showing you can get married in a Catholic church in Portugal.

Our group of attorneys in Portugal can provide immediate legal help if you would like to get married in Portugal.

Same-sex marraige in Portugal

Like most EU countries and many others, Portugal allows same-sex marriage. This means that married homosexual couples have equal rights and benefits like any heterosexual couple concerning property purchase, employee benefits, medical leave, family leave, tax advantages and more.

It's important to understand that there may be some complications in child adoption cases for these couples, but the legislation is directed towards the best interest of children. In terms of discrimination at work, it is important to know that employers cannot fire someone based on sexual orientation.

If you want to learn more about these aspects, speak with our group of lawyers in Portugal.

Contact Us

If you require further information or advice from our team of specialist lawyers, please contact our Client Relations Team by:

  • Completing the online enquiry form here
  • Emailing us at clientservice@giambronelaw.com
  • Calling us on +44 (0)20 7183 948