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Cross-border divorce in Portugal: fully remote representation for a US-based spouse, with evidence taken by videoconference
We acted for a US-based spouse in Portuguese divorce proceedings arising from the definitive breakdown of a long marriage celebrated abroad and transcribed in Portugal. The case required a clear jurisdictional strategy under EU rules, disciplined presentation of a complex factual matrix, and robust remote case management, including taking the client’s and witnesses’ evidence by videoconference, without any need for travel to Portugal.
Background
The parties married in Gibraltar on 16 September 1995, under a separation of assets regime, and the marriage was subsequently transcribed into the Portuguese civil registry (January 1996). The relationship deteriorated over time and ultimately ended definitively.
Crucially, throughout the entire Portuguese court process, the client remained in the United States and never travelled to Portugal. All instructions, procedural steps, and case coordination were handled fully remotely.
Key challenges
Cross-border jurisdiction and forum: establishing and defending Portuguese jurisdiction for divorce under the applicable EU framework, in a matter with long-standing international elements.
High-conflict factual matrix: the case required careful, proportionate presentation of allegations and supporting evidence, ensuring credibility and procedural focus.
Remote testimony and evidence logistics: both the client and the relevant witnesses were based in the United States, requiring a practical and court-ready plan for testimony and document handling without any physical attendance in Portugal.
Our approach
EU jurisdiction strategy: we anchored jurisdiction primarily on the respondent’s habitual residence in Portugal, framed under Brussels IIb (Regulation (EU) 2019/1111), with the domestic framework addressed as appropriate.
Clear legal basis: the claim was structured as a divorce without the other spouse’s consent, grounded on the objective concept of definitive breakdown (Portuguese Civil Code), supported by the factual narrative and evidence.
Fully remote litigation plan: we ensured the case could be run efficiently from abroad, including the organisation of documentary evidence and a consistent communication framework in English.
Evidence taken by videoconference: both the client and her US-based witnesses gave their evidence by videoconference, allowing the Court to hear testimony in real time without requiring anyone to travel to Portugal.
Outcome
The matter progressed with jurisdiction properly secured in Portugal and the claim framed to reflect the objective reality of breakdown, while maintaining momentum despite all evidence being based abroad. The client later publicly described the outcome as extremely positive and highlighted the value of strategic, steady representation and strong negotiation throughout.
Client feedback
“As a foreign national facing a very difficult, prolonged, and contested case from afar, I needed someone strategic, steady, and completely reliable… Marco’s negotiation and settlement skills were outstanding, and the final settlement was extremely good for me.”