Learn how to get a divorce in Portugal and how the process works, including the difference between mutually agreed divorces and contested ones.
Portugal is one of Europe’s divorce capitals, but it’s regulations don’t differ significantly from most other countries. Divorces in Portugal are either mutual or contested. There are different processes depending on whether you have children or not. Learn about the basics here.
Rates of Divorce in Portugal
In recent years, Portugal has had a remarkably high divorce rate – with around 70% of marriages ending in divorce. While this figure seems incredibly high, it’s below the 2012 peak – when 73.7% of marriages broke up.
Portugal Divorce Law
A divorce in Portugal is either mutual or contested. Divorcing by mutual agreement is a much quicker process. However, it requires both parties to agree on various issues, such as child care and maintenance, and how their assets will be divided.
On the other hand, a contested divorce will usually involve some form of a court hearing. This can be a much more drawn-out process.
How to get a Divorce in Portugal by Mutual Agreement
You can apply for a divorce by mutual consent at the civil registry office. First, you’ll need a list of your communal property and details of an agreement on custody of any children, maintenance payments and how any property will be divided. You won’t need to disclose your reasons for applying, though.
Once you provide your documents, the registrar invites you for a meeting. Here, you’ll be able to use mediation services if you wish. As long as you still want to divorce and provide the necessary documents, you’ll have your application granted.
If your application involves children, the Public Prosecution Service examines your documents and responds within 30 days. If it rules that your agreement doesn’t sufficiently protect your children, you may have to amend it.
Next, the judge will consider your agreements. The judge checks that they provide sufficient protection for both partners, before making the divorce official. Click here for information about the consequences of divorce in Portugal.
A Contested Divorce in Portugal
The following issues are grounds for divorce in Portugal:
- If the two parties have been separated for a full year
- When one of the parties is suffering from poor mental health
- If one of the parties has been absent for a year or more
- Any other factors that prove the marriage has irretrievably broken down, regardless of who is to blame
How contested divorces work
If you and your spouse are in dispute over the divorce, you’ll have to submit your documents to the Family Proceedings Court or the district court if one doesn’t exist in your area.
Once you’ve presented your divorce petition, the judge will arrange a meeting to discuss reconciliation or an agreement that can result in a divorce by mutual agreement.
If you still can’t reach an agreement on maintenance and child custody, the defendant will have 30 days to respond. After this, a divorce hearing will take place and both sides must produce evidence. After this, the judge makes a decision within 30 days.
Changing your name after a Divorce in Portugal
If you’ve taken your partner’s surname, you can keep it as long as either the court or the other party agrees. You can apply to keep or change your name either during the divorce process or once the divorce has been made legal.
Dividing assets after your Divorce
When it comes to your financial assets, you’ll need to either have a mutual agreement or have a court ruling. In Portugal, it’s possible to have a financial agreement back-dated to when your separation occurred as opposed to when the divorce was finalized.
The court can rent the marital home to either partner at their request, after taking into account the interests of any children and the other partner.
Childcare agreements when getting a Divorce in Portugal
Any maintenance payments and access arrangements should be agreed by both parties and approved by the court, or public registrar if your divorce is by mutual consent. If no agreement is forthcoming, the court will make a ruling on custody and access arrangements.
Maintenance payments are considered by the court, taking various circumstances into account. These circumstances include how long you were married, your contribution to the family finances, the health of both parties, income and how long you will spend bringing up the children.
Legal Separation in Portugal
Legal separation is an alternative to a full divorce. It doesn’t dissolve the marriage like a divorce, but removes any responsibilities of cohabitation and shared property. While legal separation isn’t a stage in the divorce process, it can be ‘upgraded’ to divorce once the couple has been separated for a year if it is contested, or at any time if it is mutually agreed.
If you receive a petition to turn your separation into a divorce, you have 15 days to respond or appeal.
Annulling your Portuguese Marriage
You can terminate your marriage if it is illegal or consummation is impossible. Examples of this include if one party is too young, was forced into the marriage, is already married, or if the couple was married without witnesses.
Mediation after Divorce in Portugal
Before you start the divorce process, you can take part in mediation. The Ministry of Justice allocates a professional family mediator, who conducts meetings with to seek a resolution, or if it cannot, try to help you reach an agreement on terms.