Divorce In Portugal [How-To 2022 English Guide]

There can be certain things in your life when your relationship is not going to work anymore. As unfortunate as it sounds, it is real because many people face it worldwide. What if you are an ex-pat in Portugal and want to file for a divorce? It might leave you wondering if you do not have enough information about this topic, and it might be worrisome for you to some extent. However, you don’t need to worry about it because the divorce process in Portugal is relatively easy compared to some other countries. 

If both parties in a marriage consent to divorce, then there are specific steps they need to take to complete the legal process. The same is not the case for many Western countries, and that is why some people think that taking a divorce is difficult in Portugal as well. However, that is not the case because couples can easily apply for a divorce with both of the party’s consent. The authorities respect the couple’s decision, and no one will ask why you want to get a divorce because your Privacy will be appreciated. 

However, you must remember that if one of the partners does not want to get a divorce, they will have to show some valid proof and bring their plead in court. The process might be a bit more complicated for you if you have children with your partner because you will have to indulge yourself and get custody. Complications when the court has to this side with who will get the child’s custody, and the process regarding visitation rights of the child also needs to be completed.

In this post, we will provide you with a complete guide on how you can get a divorce in Portugal. So keep reading to find more information below on how to do that easily.

The Basics You Need To Know Regarding Divorce In Portugal

They were more than 20000 devices reported in the year 2019 in Portugal. There has been an increase in the divorce rate in Portugal since 2018. 68% of the cases in the court of Portugal were consensual regarding divorce. In the remaining cases, only one partner wanted to get a divorce and hence showed up in court to complete the separation or divorce process. 

There was a trend scene among the Portuguese who were very shy regarding rewards and did not want to accept them as an option for ending their marriage. However, this is still an option that is available for you if you feel like your relationship is not working anymore in Portugal. Church divorce is also a concept in Portugal. It is important to note that the divorce rate in Portugal is higher than in Spain and other Scandinavian countries.

History Of The Divorce Process In Portugal

The history of the subject is quite complicated. This right was available for the citizens of the country first time in 1910. After 30 years passed and another agreement was brought forward that did not allow people to get a divorce for Catholic weddings. However, this right was restored later in 1975 when they were also given the right to take a divorce. 

The Portuguese government has got forward with, and new divorce law in 2018, which provides the right to both partners to legally do things, but they can also give it another chance in the mediation room.

How To Get A Divorce In Portugal For A Same-Sex Couple

Gay marriage was not legalized before 2010 in Portugal, but divorce for same-sex couples was also allowed in the country after it was legalized.

Legalities To Keep In Mind For Getting A Divorce In Portugal

If you want to get a divorce and Portugal, then the legal Grounds need to be subject to Decree-Law number 47344. There is no restriction on the time limit for filing a divorce in Portugal and ending your marriage. 

You don’t need to spend a certain number of years in your marriage because there is no specific restriction on you in this country. If your partner does not want to get a divorce, then it still does not take away your right to get a divorce from them. The process is easy and does not take a lot of time if you already have an agreement with your partner.

Types Of Divorce In Portugal

There are three types of divorce in Portugal. Let’s have a look at them below.

Divorce By Mutual Consent

This is the first type of divorce in Portugal in which you can get a divorce by mutual consent, and it will be done through the Civil registry office in Portugal. To get this type of divorce, you must agree with your partner to dissolve your marriage. Childcare-related problems should also be taken care of, and both partners should already consent to everything. This process is the smoothest and does not take a lot of time at all.

Divorce Through Mutual Consent

In the second type of divorce, you can get a divorce for the girl by mutual consent with your partner. It will be done in court, where both parties agree that they want to dissolve the marriage. However, in this type, no divorce conditions can be implemented on either of the partners.

Divorce Without The Consent Of One Partner In Marriage

If you want to get a divorce in Portugal and your partner disagrees, then this can only be done with a court hearing. However, this process can be lengthy compared to the other two types mentioned above.

If you want to get a divorce in Portugal, then there is no need for you to explain the reason for getting a divorce to the court. However, you need to you find your decision based on the following factors:

• Abuse of any form
• No understanding
• Separation for more than one year
• Any other reason behind the dissolution of the marriage

Step-By-Step Process Of Getting A Divorce In Portugal

As we have mentioned before, getting a divorce is an easy process in Portugal, and it does not take much time. However, there are still some documents you must submit to the court; not all people know about that. So let’s take a look at the steps that you need to follow when you want to take a divorce in Portugal below.

The Divorce Process In Portugal

The divorce process is different for everyone, and you must keep that in mind. If you don’t have children with your partner, it is the easiest thing, and it will take less than one month to complete the process. However, you will have to file a joint petition at the Civil registry office in Portugal to proceed with the things. You don’t need to hire a lawyer or get any other legal representation if your divorce is consensual with your partner.

However, you need to keep that in your mind. It will take a lot of time if you have underage children because the government will review child custody very seriously. If you agree with your partner regarding the responsibilities of the child, then it can be a shorter process and will not take a long time in that case. If you agree to accept a divorce with your partner, it will most likely take six months. This is the time from the first hearing of your case in court.

Documents You Require To File For A Divorce In Portugal

If you want to file for a divorce in Portugal, you must present certain documents in court. Take a look at the documents below:

1. A copy of your marriage certificate

2. A written application in which you are clearly stating that you want to get a divorce from your partner

3. A list of the goods and property that are jointly held by you and your partner

 4. a Written agreement with the house where you are currently living with your partner

 5. Written statement about what you plan to do with the family pet if you have any

 6. Certificate of a prenuptial agreement

How To Apply For A Divorce In Portugal?

If you want to apply for a divorce in the country, look at the outline of the few simple steps below.

 1. In the first step, you have to submit a request for getting a divorce at the Civil registry office in the country. It will be to the court and should contain all the supporting documents required for filing for a divorce in Portugal. It should also have your marriage certificate and all the other documents mentioned above with the child custody agreement. If you have any pets, you need to think of a solution and let the Civil registry office know what you plan to do with them after the divorce and who will keep them.

 2. If you have children with your partner, the public prosecution services will review your application within one month. If they feel your agreement with your partner is not providing protection and the rights to your child, they might disagree with it and will send it back to you to change something. This can make the process lengthy.

 3. If you are getting a mutual divorce with your partner, then the registered will call the couple for a meeting so that they can sign all the documents and get done with the paperwork. If you plan to make any amendment, you can do that in this step when you meet the registered with your partner. The judge will also meet with you if you have a mutual divorce, and they might discuss reconciliation or any other type of agreement. If it still does not work out, then a court hearing will be scheduled for you and your partner, and you will finally be able to get a divorce in the end.

 4. the Last step is when the court approves your application. Once approved, you will be called for a meeting at the Civil registry office in Portugal. This is where the divorce will be made official, and you will no longer be each other’s partner once you work out of the Civil registry office. If the divorce is mutual, then the court will still analyze the legal grounds, and then it will be announced depending upon your case and the legal grounds that you have present in the court for getting a divorce in Portugal.

How Much Does It Cost For You To Get A Divorce In Portugal?

Fortunately, it does not cause you a lot of money to get a divorce in Portugal because it is not expensive at all. If you want to get a mutual divorce with your partner, then the most money you have to pay will be 280 euros for getting the rewards at the Civil registry office. If you have a mutual property with your partner, the price will increase to 625 euros. 

However, this country’s divorce process can be slightly expensive if you plan to play in court. Depending on your particular case, you can spend any amount starting from 600 Euros. If divorce is mutual, it is mandatory to have a lawyer, which will make things a bit more costly for you. However, if you cannot pay the legal fees, the government will provide you with legal assistance as well, and you can apply for that, and then you will have an attorney. In most situations, both partners have to contribute to the total cost of the divorce. 

However, if both partners cannot afford to pair a single penny and have financial difficulties, this process can be free for them after proving that they don’t have any money. If you want to go with a new one, you must present documents regarding your bank statement to prove your financial status now that you cannot afford to pay anything to the government. If one partner benefits from not paying a single penny, the other partners will have to pay 50% of the cost.

Factors Of Consideration When Getting A Divorce In Portugal

When you are getting a divorce, you are leaving your partner and many other things. You need to consider those things to ensure that a process will be as efficient as possible.

Take a look at the things you need to consider when you are about to get a divorce in Portugal:

• Child custody
• Pet custody
• Property division
• Maintenance for spouse