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Divorce Law Portugal
Divorce by mutual consent or without consent; Financial Order after Divorce; Maintenance – Child or Spousal;
Divorce law in Portugal can be difficult and complex, particularly when there are international elements.
With such variables as different legal systems and procedures, assets located in other countries, and assets abroad, divorces involving the relocation of a foreign spouse can become even more difficult. You do not have to struggle through this process alone. Our family lawyers can help you manoeuvre your case through all necessary proceedings with skill and compassion.
Our family lawyers can help you manoeuvre your divorce through all necessary proceedings with skill and compassion.
In Portugal, Divorce can be by agreement or without agreement:
- Mutual agreement : presumes the consent of each spouse to divorce, agreement as to payment of maintenance, parental responsibility, and financial agreement. The Divorce by mutual consent does not need to go through the court and can be concluded at the Civil Registry.
- Without consent: Divorce will proceed without the consent of one of the parties. The divorce will be started at court, and one party will need to show reason for the divorce.
Grounds for Divorce when divorcing without consent of one of the parties
- Separation of a period superior to one year;
- Change in the mental heath of one of the parties that has lasted for more than a year that is so serious that is has inhibited the possibility of a life together;
- The absence of one of the parties for a period not less than a year;
- Other facts, that regardless of the fault of the parties, lead to the irrevocable breakdown of the marriage.
Despite the divorce, the married parties can keep their married name as long as they have the consent of the other.
The court will take into account the length of the marriage when considering the amount of maintenance and will also take into account, the family finances, the heath and age of the parties, professional qualifications and employment.
Divorce in Portugal whilst applying English Law
Our lawyers are experienced in representing British people who wish to divorce in Portugal whilst applying English Law. Our Portuguese and English solicitors will work together to advise on the best option for you.
Call one of our portuguese family law experts at Castelo Solicitors today on 020 3441 5095
