09/10/2024
Portugal has become an increasingly attractive destination for foreign citizens, and as a result, our courts are frequently called upon to handle cases related to marriages and divorces of residents in the country.
Did you know that you can get divorced in Portugal even if you were married abroad?
If one or both spouses habitually reside in Portugal, the national courts and civil registry offices have jurisdiction to grant the divorce, regardless of nationality. This is regulated by Article 3 of Regulation (EU) 2019/1111 and Article 10, paragraph 1 of the Civil Registry Code.
There are two possible types of divorce: divorce by mutual consent—when there is an agreement on the division of assets, family home, alimony, and parental responsibilities (if there are minor children)—and contentious divorce, which is handled in the judicial courts. In the case of an amicable divorce, the process is handled by the civil registry offices.
Did you know that if you got married outside the European Union, you will need to register your marriage in Portugal before initiating the divorce process? This is not necessary if the marriage was celebrated in another EU country.
For more details on this process and specialized assistance, our VCA team is available to help.