When a Portuguese citizen divorces abroad, whether by mutual consent or through contentious proceedings, with a decision issued by a notary or court, this change must be reflected in their civil registry in Portugal. However, the procedure for making this change varies depending on the date and country in which the divorce occurred.
According to Article 978(1) of the Portuguese Civil Procedure Code, “Notwithstanding any provisions established in treaties, conventions, European Union regulations, and special laws, no decision on private rights rendered by a foreign court shall have effect in Portugal, regardless of the nationality of the parties, unless it has been reviewed and confirmed.”
However, as Portugal is a Member State of the European Union, various treaties govern relations between Portugal and other EU countries. Therefore, as a general rule, it is not necessary to confirm or review judgments or decisions issued by courts in the EU Member States, with some exceptions, due to Regulation (EU) 2019/1111 of the Council of 25 June 2019, which addresses jurisdiction, recognition, and enforcement of decisions in matrimonial matters and parental responsibility, replacing Regulation (EC) No 2201/2003 of the Council of 27 November 2003.
Under this regulation, decisions made in one Member State are recognized in other Member States without needing specific formalities or the possibility of opposing their recognition. Therefore, it is sufficient to register the divorce decision with the Civil Registry Office in Portugal without initiating judicial proceedings to confirm and review the foreign judgment.
An exception to this rule applies to divorces that occurred in Denmark. In such cases, the unique process of reviewing foreign judgments, like the procedure for divorces outside the European Union, is necessary.
For a Portuguese citizen in a country outside the EU, the divorce must be recognized through a special judicial action (Ação especial de revisão e confirmação de sentença estrangeira). According to the applicable rules, this action will be processed in the competent Court of Appeal.
Review and confirmation of foreign judgments are judicial actions essential for foreign court decisions to have effect in Portugal, and a lawyer must be appointed for this purpose.
The requirements for confirming a foreign judgment are outlined in Article 980 of the Portuguese Civil Procedure Code and include:
- The authenticity of the document containing the judgment and the clarity of the decision;
- The judgment must have become final following the law of the country where it was issued;
- The decision must come from a foreign court whose jurisdiction was not fraudulent, and that does not deal with matters of exclusive jurisdiction of Portuguese courts;
- There must be no lis pendens or res judicata in a Portuguese court unless the foreign court was the first to adjudicate the case;
- The defendant must have been duly summoned to the action according to the law of the country of origin, and the principles of adversarial proceedings and equality of the parties must have been respected;
- The decision must not be incompatible with the principles of international public policy of the Portuguese State.
The competence to adjudicate these matters lies with the Court of Appeal with territorial jurisdiction, depending on the respondent’s residence. If the respondent does not reside in Portugal, the competence will be with the Court of Appeal of the applicant’s residence. If neither party resides in Portugal, the Court of Appeal of Lisbon will have jurisdiction.
Other foreign decisions that need to have effect in Portugal, such as judgments related to the regulation of parental responsibilities, adoption, cohabitation, and any other foreign decision that must have an impact within the national territory, must also be submitted for review and confirmation by Portuguese courts.
The information in this article, related to the theme “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 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 pertaining to divorce in Portugal or any other.
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