Divorce Lawyers in Portugal - Legal Steps to Follow

If you want to file for divorce in Portugal, this article can guide you through the procedures involved. Plus, you can benefit from legal advice from our Portuguese divorce lawyers who can represent you during the entire process.

Quick Facts
Divorce procedure in Portugal	In Portugal, divorce can be initiated by mutual consent of both spouses or by one spouse through a litigious procedure. Our Portuguese divorce lawyers can help you navigate this process.
Reasons for getting a divorce in Portugal	Divorce in Portugal is governed by the Portuguese Civil Code, which specifies grounds for divorce without consent, such as living separately for one consecutive year, a change in the other spouse's mental faculties lasting over one year, absence without news for at least one year, or other facts showing the marriage has definitively broken down.
Mutual agreement divorce in Portugal	The Civil Registry Office handles divorce applications by mutual agreement, including issues such as child custody and financial arrangements.
Contesting a divorce in Portugal	One parent may contest the divorce within 30 days, if he/she disagrees on child custody or maintenance. Evidence must be presented at a scheduled hearing with a Portuguese lawyer. In contested divorces, a judge typically reaches a verdict within 30 days.
Changing the name after a divorce	A spouse who adopted the other's surnames may keep them after divorce only if the ex-spouse consents or a court authorises it; otherwise the pre-marriage name is resumed.
Contentious vs. litigious divorce	Contentious divorces include disagreements over issues while both parties still try to negotiate a settlement on their own or with the help of a mediator. A litigious divorce means that the divorce is being handled in a court of law.
Separation vs. divorce	Separation allows couples to live apart and remain legally married, while divorce legally terminates the marriage.
Where to file a divorce in Portugal	Litigious divorce is handled by the family court and requires filing a petition including a valid reason for divorce. Divorce by mutual consent is handled by the Civil Registry Office and requires both spouses to file a petition with details on property and custody.
Distribution of assets	Assets can be distributed through agreement or court proceedings. Contact our Portuguese attorneys if you have issues in distribution of assets during a divorce.
Legal separation in Portugal	Legal separation is an alternative to divorce, when a couple can live apart, but remain legally married. If one spouse receives a petition to turn the separation into a divorce, he/she has 15 days to respond.
Mediation before divorce in Portugal	Spouses who intend to divorce can seek the help of a professional family mediator to find a resolution.
Annulment of a marriage	A marriage can be annulled for reasons such as forced marriage, underage spouses, or marriage without witnesses.
Inheritance Law in Portugal	Inheritance Law prioritizes the spouse and children as inheritors.
Family Law in Portugal	Divorced parents must provide for the education and upbringing of their minor child, with one parent providing domicile and the other contributing to expenses until the child turns 18, or 25 if the child is still in education.
Why choose our team of lawyers from Portugal	Our attorneys in Portugal provide careful evaluation and explain spouse rights from the beginning of each divorce case to ensure a smooth process, especially when minor children are involved.
Child custody	Decided through an agreement between the spouses or by the Court.
Types of divorce in Portugal	– by mutual consent, – without consent of one spouse
Divorce without consent	The requesting party must provide evidence that the marriage is definitively broken.
Maintenance allowance/alimony	Determined based on the economic situation of the couple and each of its members.
Legal aid for divorce procedures (YES/NO)	YES, contact our lawyers for details.
Appeal against decisions related to divorce	Decisions may be appealed, our Portuguese lawyers can help.
Recognition of a decision on divorce by another EU member state court	Portuguese divorces are recognized across the EU, except for Denmark.
Duration of divorce procedures	– 3-6 weeks for uncontested divorces, – 1-2 years for more complex procedures
Determining child support in Portugal	Based on monthly expenses of the child (food, clothing, school expenses, medical costs, accommodation, transport, etc.)
Right to re-marry (YES/NO)	YES
Divorce in Portugal for foreign citizens	Possible, as long as one of the spouses meets the residency requirement in Portugal.
Inheritance rights for divorced spouses	Only if the ex-spouse is mentioned in the testator's will.
Legal framework for divorce procedures	Portuguese Civil Code
Duration of child support agreements	Until the child reaches the age of 25, with some exceptions.
Other family law disputes in Portugal	– adoption issues, – paternity establishment, – child protection, etc.

What types/methods of divorce are available in Portugal?

by mutual consent or amicable divorce,
contested divorce, decided by the Family Court.

What are the grounds for divorce in Portugal?

infidelity,
absence without news for at least one year,
domestic violence,
a change in the other spouse's mental faculties lasting over one year,
broken down marriage, etc.

Is proof of fault required to get a divorce in Portugal?

No.

Where is the divorce application done in Portugal?

at the Civil Registry Office for a mutual consent divorce,
at the Family and Minors Court in a contested divorce.

What happens to mutual assets of a marriage when getting a divorce in Portugal?

Can be divided. Our divorce lawyers in Portugal can explain the procedures.

How is custody dealt with in a divorce case in Portugal?

Both spouses, alongside our lawyers, will have to determine:

child maintenance and domicile,
parental responsibilities after divorce,
visiting hours, etc.

IMPORTANT: The court will act in the best interests of the minors involved in the marriage, and once all arrangements are made, the divorce process can be properly concluded.

How is mutual agreement divorce done in Portugal?

spouses agree on getting a divorce and complete a standard form at the Civil Registry Office,
next is the inventory of properties and distribution to each spouse,
deciding who remains in the residence is done with a written agreement signed by both spouses,
if minors are involved in the marriage, child custody will be settled by mutual agreement between spouses.

Is mediation provided to couples who want to divorce in Portugal?

Yes, mediation sessions are offered to couples who intend to divorce in Portugal. However, if this kind of support doesn’t help a couple cancel the idea of separation, then they can continue with the divorce.

Is legal separation the same thing as divorce?

No, legal separation is different from divorce. Spouses can live separately and consider mediation.

Do women need to change their name after divorce?

A spouse may keep the ex-spouse's surnames only with the ex-spouse's consent or a court's authorisation (art. 1677-B Civil Code). This needs to be mentioned from the beginning.

Can a marriage be annulled in Portugal?

Yes, a marriage can be annulled if spouses were minors, if they got married without witnesses, or if a forced marriage took place.

Are prenups available in Portugal?

Yes. Through these prenuptial agreements, spouses can protect their assets in the case of a divorce. The distribution is done accordingly.

Do you assist in a divorce case of foreigners living in Portugal?

Absolutely! We also have experience in these cases.

What is the time frame to get a divorce by mutual agreement in Portugal? What about in a contested one?

getting a divorce by mutual agreement takes around 1-3 months,
a contested divorce in Portugal might take around 6 months to 2 years if the case is complex.

We invite you to contact our law firm in Portugal and explore more about the divorce procedure. Personalized representation and legal advice are provided to both spouses involved in the process.