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Legal separation in Portugal: What are the alternatives to divorce proceedings in Portugal?
Dissolving a marriage can be complicated, especially if there are property, assets and children to consider. Depending on your circumstances, undergoing divorce in Portugal may not be suitable, and there are alternatives that can be considered.
This guide will explain legal separation, when it is appropriate, and how it is processed through Portuguese courts.
Click on the links below to jump to that section:
Discover the grounds for divorce in Portugal, and alternatives to divorce proceedings.
Find out the different circumstances that legal separation may be preferred to a divorce.
Read about how a legal separation proceeded through Portuguese courts.
Find out the benefits of working with family lawyers through legal separation proceedings.
Read the most asked questions on legal separation in Portugal.
What are the alternatives to a divorce in Portugal?
In Portugal, a couple can file for divorce any time after marriage. If the decision to divorce is by mutual consent, the application should be submitted through the Civil Registry Office (Conservatória do Registo Civil), and there is no need for any grounds. However, contested divorces must present grounds for divorce in Portugal during the proceedings.
However, in certain cases, an alternative to divorce may be suggested or preferred by the couple. The alternatives to divorce in Portugal are:
Annulment
Portuguese law states that a marriage can be voided if it was illegal or if one party was misled. This could be if one of the parties lied about their willingness to have children or were forced to marry. This process can take up to a year and typically cost around €900.
An annulment is typically preferred by couples who are of the Catholic faith as if they divorce, they are unable to marry again in a Catholic church. Applying for an annulment (nulidade do Casamento) may take up to a year.
Legal separation
Unlike a divorce, which dissolves the marriage, legal separation (separação de pessoas e bens) removes the responsibility of cohabitation between the couple. Both spouses agree to follow marital duties of cooperation, faithfulness, and respect, however they are not required to continue living together.
After separating for a year, the couple can decide to divorce (if one party previously did not agree to divorce). If the divorce is mutual, proceedings can happen anytime during a legal separation.
It can be a difficult time when a marriage ends. Make sure to seek legal advice from divorce and family lawyers in Portugal who can explain your position and help you make the right decision.
Contact Giambrone & Partners today to find out more information.
When is legal separation appropriate?
Compared to a divorce, which finalises the end of the marriage, a legal separation may be preferable if there is a possibility of reconciliation. In these cases, the couple has up to one year of separation, after which they can decide whether divorce is necessary. If the couple is not ready to make a permanent decision regarding the marriage dissolution, then a legal separation may also be preferred.
Portugal has a large Catholic population, estimated at 84.5%. Religious couples may prefer legal separation over a divorce, or an annulment should they wish to marry in a Catholic church again.
If you are considering a legal separation in Portugal, consider working with Portuguese lawyers and Advogados who can provide legal advice before and during the proceedings. Our international family lawyers have the capacity and right to appear in various jurisdictions globally, including Portugal.
Find out more about our divorce lawyers in Portugal here.
Legal separation proceedings in Portugal
By mutual agreement
Similarly to a divorce in Portugal, a legal separation by mutual consent can be carried out through the Civil Registry Office. This can occur if both members of the couple agree on most matters, such as sharing of the assets and property division. For legal separation by mutual consent, you will need to submit the following documentation:
Written request by both spouses
List of assets
Written agreement on parental responsibilities – if there are any children.
Written agreement on a property
Prenuptial agreement – if there is one.
The couple may decide to share their assets during the legal separation, or at a later date.
Contested
If one of the spouses contests the separation, or certain matters (such as the amount of maintenance allowance and the destination of the house where they live) cannot be agreed upon, the legal proceedings must be made through Portuguese courts. This is called judicial separation, where the Portuguese court decides on the matters.
Any spouse may request a divorce after a year of judicial separation, which costs €100.
To ensure the best outcome, seek professional legal advice once a cross-border marriage ends. Whether this results in legal separation or divorce, our international family lawyers can work with you and support you throughout the proceedings.
Contact Giambrone & Partners today to find out more information.
How can Giambrone & Partners help?
Giambrone & Partners is as an international law firm that operates in various jurisdictions, including Spain, Italy, and Portugal. Our international family lawyers can understand and advise in both England & Wales and Portuguese jurisdictions. We can provide legal advice to help you obtain the best possible outcome, and simplify the divorce or legal separation process.
Frequently asked questions
How are joint finances and property divided in a Portuguese divorce?
After getting married in Portugal, anything acquired during the marriage becomes joint matrimonial property and should ultimately be shared. During divorce proceedings, property division should be decided by the couple and does not have to be processed through the Portuguese court.
Find out more about how property and finances are divided in a Portuguese divorce here.
How long do you have to be married to file for a divorce in Portugal?
In Portugal, a couple can file for a divorce any time after marriage. After one year of judicial separation, a spouse can then file for a divorce.
Discover more about family law in Portugal here.
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