Divorce in Portugal can be either by mutual consent or without the consent of one of the spouses. Before proceeding with divorce in Portugal, it’s crucial that the Portuguese Civil Registry Office or the Court, which plays a key role in overseeing and facilitating the divorce process, informs the spouses about the existence and objectives of family mediation services. This initial step sets the stage for the divorce process, providing the necessary information and guidance.
Divorce in Portugal by mutual consent can be initiated at the Portuguese Civil Registry Office at any time by both spouses. For this purpose, spouses or legal representatives must submit a signed application and a detailed list of joint assets and their respective values. Alternatively, if the spouses choose to proceed with the division of those assets, they must submit an agreement on the division or a request for its preparation. If there are minor children, an agreement on parental responsibilities or a judicial certificate regulating this matter is required. Additionally, an agreement on the provision of spousal maintenance for the spouse in need, the fate of the family home, a certified copy of the prenuptial agreement (if any), and an agreement on the fate of any pets must be presented.
After receiving the documents, the spouses are summoned to a conference to verify whether all legal requirements have been met. During this conference, the list of joint assets, the agreement on their division, the agreement on spousal maintenance, and the fate of the family home are reviewed (if applicable). If any of these agreements do not safeguard the interests of one of the spouses or the children, the registrar may request modifications. Upon implementation of these changes, the divorce will be granted and subsequently registered. Kindly note that if the agreements presented do not sufficiently safeguard the interests of one of the spouses, the approval of the divorce must be refused, and the entire divorce process will be referred to the district court to which the Civil Registry Office belongs. In such a case, the district court will review the case and make a final decision on the divorce, which may involve further hearings and legal proceedings.
If there are minor children, the agreement on exercising parental responsibilities is sent to the Public Prosecutor’s Office at the competent court in the Civil Registry Office. The Public Prosecutor, with a responsibility to protect the interests of the minors, has 30 days to issue an opinion. If it is determined that the interests of the minors are not adequately protected, the spouses may amend the agreement or submit a new one, which the Public Prosecutor will again review. If the agreement is approved, the divorce will be granted and registered. If the spouses do not agree to the changes proposed by the Public Prosecutor, the process is referred to the competent judicial court, where the divorce will be adjudicated.
In the case of a divorce without the consent of one of the spouses, there will always be an attempt at reconciliation. If reconciliation fails, the judge may attempt to convert the process into a divorce by mutual consent, provided there is an agreement on parental responsibilities, spousal maintenance, and the fate of the family home. If this does not occur, the case proceeds to trial, where evidence will be presented to support the grounds for divorce.
This kind of divorce can be based on de facto separation (separação de facto) for one consecutive year (when there is no longer any marital cohabitation, and both or one of the spouses has the intention not to resume it), mental incapacity of one of the spouses for more than one year, and due to its severity, it compromises the possibility of cohabitation, absence of a spouse without any news for more than one year, or any other fact that demonstrates the definitive breakdown of the marriage.
Regarding the family home, the court may grant the lease of the property to either spouse, at their request, whether it is jointly owned or solely owned by the other spouse, taking into consideration, among other factors, the needs of each spouse and the interests of the children. As for pets, they are entrusted to one or both spouses, considering, among other factors, the interests of each spouse and the children, as well as the animal’s well-being.
The information in this article, “Divorce in Portugal,” is for general informational purposes only and is not intended to constitute legal advice. While every effort has been made to ensure the accuracy of the content, laws and legal procedures can change, and the specifics of each case can vary widely. Therefore, readers are advised to consult with a qualified legal professional or attorney in Portugal for advice tailored to their particular circumstances before taking action. This article does not create an attorney-client relationship between the reader, the authors, or the publishers. The authors and publishers are not liable for any actions taken or not taken based on the content of this article.
Catarina graduated in Law in 2021 from the Faculty of Law of the University of Coimbra. She has been a member of the Bar since 2023.
