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A divorce in Portugal is mutual or contested.
Divorcing by mutual arrangement is a far faster process. But it takes the two parties to agree on several different topics, including child care and how to split resources.
A contested divorce will usually involve a courtroom hearing. This is a more drawn-out procedure.
The best way to get a divorce in Portugal by mutual arrangement
You can apply for a divorce by mutual consent at the civic Registry office. First, you will need a listing of your foreclosed home and specifics of an agreement on custody of any children, maintenance payments, and how any land will be divided. You won't have to disclose your motives for applying.
A contested divorce at Portugal
The following issues are reasons for divorce in Portugal:
When both parties have been split for a calendar year
If one of those parties is suffering from poor mental health
If one of these parties continues to be absent for a year or even more
Any other variables that prove the marriage has irretrievably broken down, irrespective of who's to blame
If you and your partner are in dispute over divorce, you'll have to file your documents to the Family Proceedings Court or the District Court.
As soon as you've started your divorce request, the solicitor will arrange a meeting to go over an arrangement that may lead to a divorce by mutual agreement.
If you still can not agree on maintenance and child custody, the defendant will have 30 days to respond. Next, a divorce hearing will probably occur, and both sides need to produce proof. Next, the judge decides within 30 days.
Dividing assets later in your divorce
When it comes to your budget, you will have to either possess a mutual arrangement or possess a court judgment. It is likely to have a fiscal check back-dated in Portugal as if your separation happened instead of the divorce being finalised.
The courtroom can give the marital residence to a partner at their request, then consider the interests of the other spouse.
Legal separation is a substitute for a complete divorce. It does not dissolve the union like a divorce; however, it eliminates cohabitation and shared land obligations.
While a legal separation is not a point in divorce proceedings, it may be updated to divorce when the couple has been split for a year, if it's contested, or anytime if it's mutually agreed.
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