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What documents are needed to file for a divorce in Portugal? How international lawyers can help gather documentation
According to recent studies, Portugal has one of the highest divorce rates in the European Union. After a marriage to a Portuguese citizen breaks down, foreign nationals may not be aware of the steps to take, such as the jurisdiction the divorce should proceed in. Certain documentation is required to file for divorce through Portuguese courts, and it is recommended to seek legal advice from a multi-jurisdictional lawyer as soon as possible to help proceedings run smoothly.
This guide will explore the documents foreign nationals will need to divorce in Portugal, and how multi-lingual and multi-jurisdictional lawyers (Advogados) can assist.
Click on the links below to jump to that section:
Discover the divorce process in Portugal and how easy it is for foreign nationals.
Find out the needed documentation when divorcing in Portugal.
Find out how much the divorce application is in Portugal, and the different costs that may occur.
Find out who Giambrone & Partners are, and the benefits of working with international lawyers.
Read the most commonly asked queries on divorcing in Portugal as a foreign national.
How easy is it to divorce in Portugal?
In Portugal, a couple can file for a divorce at any time following their marriage and there is no requirement to be married for a period of time before a divorce. When applying for a divorce, the couple can file by mutual consent through the Civil Registry Office or through the Portuguese courts should the divorce or any issues be contested.
Divorcing by mutual consent is the preferred option and is much easier to process. This requires both parties to agree on several aspects, including child support, finances, and marital asset division.
Contested divorces become more difficult as they are processed through Portuguese courts, where a judge will analyse documents and evidence to determine the outcome. During a contested divorce petition, the grounds for divorce must be stated, which can further complicate matters. Both parties will also need to seek legal representation.
Find out more about how to contest a divorce in Portugal and the documents required with our expert guide here.
Giambrone & Partners has a team of Portuguese family lawyers who will act on your behalf and with your best interests always in mind. We will be able to guide you through the divorce proceedings, advising you on what to expect, what will be expected of you, and how the divorce will be processed should the proceedings go through the Portuguese courts.
Contact Giambrone & Partners today to find out more.
What are the necessary documents required for divorce in Portugal?
When filing for divorce in Portugal, certain documentation will be required, all of which will need translated into Portuguese if they are drafted in English. Your legal representation will be able to advise you if this is the case, as extra time may be required prior to the proceedings.
The following documents are required for divorce in Portugal:
The marriage certificate (certidão do registo de casamento)
A copy of the marriage licence must be certified during the divorce proceedings. If the marriage took place outside of Portugal, the document should be translated into Portuguese before being submitted.
Written request that a married couple wants to divorce
For a Portuguese divorce, a written request must be submitted for why the couple wishes to get divorced, which can be drafted at the Civil Registry Office. This can be either submitted by both couples in a mutual consent divorce or by a single party should the other spouse contest the divorce.
Agreement on an itemised list regarding jointly held assets signed by both parties (relação especificada dos bens comuns)
The couple must create an itemised list of all their assets and their values (Uma lista de todos os bens do casal e dos seus valores) that are jointly held. The document should identify all assets, both movable and immovable as well as any debts that will need to be considered. This will help establish to the Civil Registry Office that neither spouse will be disadvantaged due to the asset division and may factor into the spousal maintenance cost.
Prenuptial agreement (certidão da convenção antenupcial)
Many couples sign a prenuptial agreement to protect finances and assets before the marriage, After a divorce, the prenuptial agreement should be submitted if the marital regime is not stated in the marriage registration.
Property and other asset division
A written agreement defining what will be done with the family home where the couple primarily resided (acordo sobre o destino da casa de morada de família) should also be submitted.
If the couple owns any pets, a written agreement should be submitted by the couple of who will take ownership and care after the divorce is finalised.
Find out more about how property and finances are divided in Portugal during a divorce with our expert guide here.
Spousal maintenance
If the couple have come to an agreement regarding spousal maintenance (acordo sobre a prestação de alimentos), this should be submitted.
Child custody
If children are involved, the usual procedure in Portugal is joint child custody (Guarda partilhada) as opposed to sole custody by one parent (Guarda única). Portuguese law states that both parents should share responsibilities regarding the child or children’s upbringing, specifically their education and wellbeing.
Therefore, an agreement should be submitted that defines where the child will live, where they should be educated, and the parental responsibilities, including visitation arrangements and maintenance allowance. This may include a certificate of the court’s verdict (certidão da sentença judicial) if the divorce was heard in the Portuguese courts.
Find out more about what the rules of child support are in Portugal with our expert guide here.
With regard to divorce by mutual consent, the registrar will review the paperwork with the couple, where there is the opportunity to change anything. Contested divorces must go through Portuguese courts, where the grounds for divorce must be proclaimed and assessed by a judge.
If you are intending to divorce in Portugal, ensure you seek legal advice as soon as possible.
Contact Giambrone & Partners today to talk with our expert family lawyers.
What is the cost of getting divorced in Portugal?
In a divorce by mutual consent, couples in Portugal can expect to pay €280 for the process at a Civil Registry Office. However, if there are any assets or property to divide, the price goes up to €625.
During contested divorces, the cost is much higher due to the divorce having to be processed through the Portuguese courts. Divorce proceedings will include legal fees, such as instructing a lawyer (Advogados). In this case, each person can spend, on average, €600 or more depending on how long the process drags out.
For couples that struggle financially, they may be able to present a document proving their economic status to help with the legal costs, which is issued by Social Security (comprovativo de que beneficiam de apoio judiciário).
How can Giambrone & Partners help?
Giambrone & Partners operates in various jurisdictions, including Spain, Italy and Portugal. Our multi-lingual lawyers can communicate with you in your own language, be in contact with Portuguese courts, and provide family law advice with your best interests in mind.
Contact Giambrone & Partners today for information on divorcing in Portugal.
Frequently asked questions
Can your divorce certificate be translated into a different language?
Yes, if you are not a Portuguese national and do not speak the language, some services will translate the divorce papers into a different language, such as English. This must be requested by the party and may be required should they decide to move to another country or for visa applications.
Giambrone & Partners has a team of international family lawyers who are fluent in both English and Portuguese. Our lawyers (Advogados) will remove the worry of the language barrier and help translate important documents on your behalf.
Contact Giambrone & Partners today for more information.
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