I’m an expat living in Portugal. Where should I get divorced?

Obtaining a divorce is usually quite straightforward particularly if you both agree the marriage is at an end.

Difficulties tend to occur over the practical issues, such as where to live/disagreements about the children and financial matters.

The first question you must ask is – do you satisfy the criteria to issue divorce application in England?

This might be possible even if you do not live here. It will depend on your individual

circumstances, and your level of connection with this country.

If you have any connection elsewhere, it is important to consider the possible outcomes in those countries and work out where might be best for you and your family, for the divorce to take place.

We have offices across Europe and Worldwide, and so maybe able to offer you the best solution.

Where to divorce if you live in Portugal

We can advise expat’s overseas and those expats with links and connection to England on divorce and the remit of family law.

If you or your spouse were born in England, you may be able to divorce through the English courts.

If you are a British ex pat living in Portugal and you are considering divorce or separation from your spouse or partner, you may be able to get divorced in Portugal.

We advise British clients from across Europe, and assist them to divorce through the English courts, and achieve a financial settlement under English law.

Family Law in Portugal for unmarried couples

Unmarried British expats can make use of the Schedule 1 claim procedure through the English courts. You may even be able to secure an order for the other parent to fund your legal fees.

Child disputes in Portugal

We can advise you on and drafting a parenting plan for families who require assistance post separation and can advise on safeguarding for children moving and relocating to Portugal.

Using the family law in Portugal to resolve disputes

You may have been advised that divorcing in Portugal can lead to more favourable financial outcomes.  Or you might not have jurisdiction to divorce in England. It is important to be aware that the financial claims can be made under Part III of the Matrimonial and Family Proceedings Act 1984.

Before opting to divorce abroad, specialist advice is required, about the potential claims that could be made in other countries.  So, you make the right choice for you and your family.

We have English speaking Portuguese lawyers in our Lisbon office. We have to ensure you make the right decision.

Separating and Divorce in Portugal

Divorces in Portugal are either mutual or contested.  There are different processes depending on whether you have children or not.

Portugal Divorce Law

Divorcing by mutual agreement is a much quicker process.  However, it requires both the parties to agree on various issues, such as childcare and maintenance, and how their assets will be divided.

Whilst, a contested divorce, will usually result in some form of court hearing, so usually takes much longer.

Divorce in Portugal by Mutual Agreement

You can apply for divorce by mutual consent at the civil registry office.  You will need to compile a list of all your property and private details of any custody of any children, maintenance payments and how property listed will be divided.

You do not however need to provide reasons for applying (approximately 70% of marriages in Portugal end in relationship breakdown).

Once you have lodged your documents, the registrar will invite you for a meeting. Provided you both want to divorce/and provide the necessary supporting documents; your application will be granted.

If children are involved, the Public Prosecution Service examines your documents and responds within 30 days.  If they are not happy with the arrangements proposed, you will have to amend them to ensure if offers sufficient protection for the children concerned.

Next, the Judge will consider your proposed “Agreements”. The judge will want to ensure, they provide sufficient protection for both parties, before making the divorce official.

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 factor that provided the marriage has irretrievably broken down, regardless of who is to blame.

How does it happen?

If you or your spouse are in dispute over the divorce, you’ll have to submit your documents to the Family Proceedings Court or the local district court if one doesn’t exist near your area.

Once, you have presented your divorce petition, the judge will arrange a meeting to discuss reconciliation or an agreement that can result in divorce by mutual consent.

If you still can’t reach an agreement on maintenance or 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 will make a decision within 30 days.

Changing your name after divorce in Portugal

If you have taken your partner’s surname, you can keep it as long as the court or the other party agrees.  You can apply to keep or change your surname during the divorce process or once the divorce has been officially sanctioned.

Dividing the Assets After Divorce

Division is achieved either by mutual agreement or court order.  In Portugal it is possible to have an agreement “backdated” to when the separation occurred, as opposed to when the divorce was concluded.  The court can “rent” the marital home to either party at their request, after taking into consideration the needs of the children and the other party.

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 divorce is by mutual consent).  If no agreement can be reached, the court will make a ruling on custody and access arrangements.

Maintenance payments are considered by the court, taking account of various circumstances. Depending on how long you were married, your contribution during the marriage, the health of the parties, income and how long you will be spend raising the children of the family.

Legal separation in Portugal

Legal separation is an alternative to divorce but removes the obligation to cohabit and retain shared property.  An initial legal separation can be upgraded to a divorce, once the parties have been separated for a year, if it is contested, or anytime if it is by mutual agreement.

Annulling Your Portuguese Marriage

You can terminate your marriage if it is illegal, or commotion is impossible. For example, one party is too young or/ it was a forced marriage, or if the couple was married without witnesses present.

Mediation after Divorce in Portugal

Before, you start your divorce, you can participate in mediation.  The Ministry of Justice allocates a professional family mediator, to help the parties reach agreement.

Deciding where to divorce as an expat involves careful consideration of multiple factors, including jurisdiction, financial implications, and the welfare of any children involved.

Whether you choose to proceed through the English or Portuguese courts, understanding the legal landscape in both countries is crucial to securing the best possible outcome for you and your family.

Given the complexities surrounding international divorce, obtaining expert legal advice ensures that you make informed decisions that align with your circumstances.

With offices across Europe, including English-speaking lawyers in Portugal, we are well-equipped to guide you through the process and help you navigate the intricacies of family law to achieve a fair resolution.