Are you dealing with the painful reality of ending your marriage while living in Portugal? You're not alone. Every week, I sit across from people just like you – expats caught between two worlds, trying to figure out how Portuguese divorce laws apply to their unique situation.
In fact, as a country, Portugal has one of the highest divorce rates in the European Union, as of 2021, falling only to 60%! That said, this figure is misleading due to the way it is calculated - the same figures can also be conveyed as 1.6 people per 1000 get divorced, which sounds considerably lower!Â
Those that do wish to initiate divorce proceedings typically arrive at my office believing their home country's laws will protect them, only to discover that Portugal has its own distinct approach to divorce. This gap in understanding can lead to costly mistakes, unnecessary stress, and even unfair outcomes.
As someone who guides foreigners through Portuguese family law regularly, I've seen how proper legal guidance can transform a near-chaotic experience into a structured process with clear expectations. Let's walk through what you need to know about divorce in Portugal to protect yourself, your children, and your assets.
Want to hear what other clients
are saying about us?
1. Divorce Options in Portugal
The Portuguese legal system offers two main paths to divorce: by mutual consent or contested divorce. Nearly 70% of my clients qualify for the faster, less expensive mutual consent option – but many don't initially realise they're eligible.
With mutual consent divorce, both spouses agree to end the marriage and have reached agreement on key issues like parental responsibilities, family home usage, spousal support, and division of assets. These cases can be handled at a civil registry office if no minor children are involved, making the process remarkably straightforward.
Note that, spousal support (alimony) may be included in the agreement, but Portuguese courts only award maintenance in limited cases. It is meant to cover basic needs, not to maintain the standard of living from the marriage.
If you have children under 18, your mutual agreement divorce application must include written agreements about parental responsibilities. The public prosecutor's office will review these to ensure children's interests are protected.
When couples can't reach agreement on one or more issues, contested divorce becomes necessary. In such cases, one spouse files a petition at the family proceedings court, outlining the legal grounds for divorce.
2. Legal Grounds for Divorce
Portuguese law provides specific grounds for divorce that may differ from your home country. The most common basis I see in my practice is "de facto separation" for more than a year, meaning spouses have lived apart without intention to resume married life.
Other legal grounds include:
- Changing mental faculties of one spouse lasting more than a year
- Absence without contact for more than a year
- Other factors making continued married life impossible
It's worth noting that Portugal moved away from fault-based divorce many years ago after the Vatican church prohibited divorce was abolished. Today, Portuguese civil code governs these matters with a focus on resolving, rather than assigning blame.
3. The Divorce Process Step by Step
For mutual consent divorces without minor children, the process typically follows these steps:
- Both parties prepare a written request stating their wish to divorce
- The couple submits their application to the civil registry office
- Required documents are provided (including marriage certificate)
- A single appointment finalizes the divorce
When children are involved or in contested cases, the family and minors court handles the divorce. This process includes:
- Filing the initial petition
- Court notification to the other spouse
- Response period for the other party
- Potential preliminary hearings
- Main hearing if issues remain unresolved
- Court decision
Most of my clients are surprised to learn that contested divorces in Portugal typically take 6-12 months, while mutual agreement divorces can be completed in as little as 2-3 months.
4. Child Matters in Portuguese Divorce
When minor children are involved, Portuguese courts place their well-being above all other considerations. The concept of "parental responsibilities" (rather than custody) governs these arrangements.
Portuguese law strongly favors joint parental responsibility arrangements where both parents remain involved in major decisions about their children's lives. However, the court typically establishes a primary residence with one parent while ensuring the other maintains regular contact.
The parent with whom the child doesn't primarily reside must regularly contribute to expenses through child support payments. These amounts are calculated based on:
- The child's needs
- Each parent's financial capacity
- The child's previous standard of living
I find that courts are increasingly open to shared physical custody arrangements where children spend equal time with both parents, especially when both demonstrate cooperation and live relatively close to each other.
5. Dividing Assets and Debts
The division of a couple's assets depends largely on the matrimonial property regime chosen at marriage. Without a prenuptial agreement, most marriages in Portugal fall under the community property regime, where assets acquired during marriage are split equally.
However, certain assets remain separate property, including:
- Pre-marital assets
- Inheritances and gifts
- Personal items and clothing
- Assets specifically designated as separate in a prenuptial agreement
I often advise clients to gather documentation for any assets they brought into the marriage or inherited, as these should remain their separate property after divorce.
6. Special Considerations for Foreign Citizens
As an expat in Portugal, you face unique challenges during divorce. First, you must determine whether Portuguese courts have jurisdiction over your case, which typically requires:
- Both spouses residing in Portugal, or
- The last common marital residence was in Portugal, or
- One spouse resides in Portugal (with certain additional conditions)
Your residency status can also affect the proceedings. For instance, if you're living in Portugal on a D7 visa Portugal residency permit or another type of visa, a divorce may have implications for your continued right to remain in the country, particularly if your permit was granted based on family reunification.
For long-term residents who have obtained a Portuguese citizenship card through naturalization, the process may be more straightforward, as they have the same legal standing as native Portuguese citizens. However, international elements of the divorce may still require special attention, particularly regarding assets held abroad or child custody arrangements that cross borders.
EU citizens benefit from clearer rules under Brussels II bis regulations, while non-EU citizens may face more complex jurisdictional questions.
7. Financial Aspects of Divorce
The cost of divorce in Portugal varies significantly based on the process chosen. A mutual consent divorce handled through the civil registry office typically costs between €280-400 in official fees.
Contested divorces involve court fees starting around €600, plus legal representation costs. If you qualify for legal aid based on your economic situation, the Portuguese state may cover some or all of these expenses.
Beyond the immediate costs, divorce can have significant long-term financial impacts. I always advise clients to consider:
- Capital gains tax implications when transferring property
- The impact on inheritance rights
- Pension and retirement account divisions
- Changes to tax filing status
Note also that any maintenance obligations can be reduced or terminated if the recipient finds employment, remarries, or receives an inheritance. Courts assess these changes upon request.
If you're in a civil partnership rather than a legal marriage, you are generally not entitled to claim spousal support after separation.
Finally, foreign residents should also be aware that they may need to update their financial information with Portuguese authorities. Your tax identification number Portugal (NIF) status may need to be updated to reflect your new marital status, which can affect how your taxes are calculated going forward.
8. When Divorce Isn't the Answer
Sometimes, couples need space without permanently ending their marriage. In such cases, judicial separation offers a middle ground. This legal status:
- Ends cohabitation duties
- Divides assets
- Establishes child arrangements
- Preserves inheritance rights
- Allows for potential reconciliation
This option is particularly valuable for those with religious concerns or who want time to consider reconciliation.
For couples hoping to avoid court entirely, family mediation can provide a more collaborative approach. A neutral third party helps spouses reach agreements on all necessary divorce issues, often resulting in more sustainable solutions with less conflict.
9. Finding Your Path Forward
Going through divorce in Portugal as a foreigner can feel overwhelming, but you don't have to face it alone. Every situation has its own unique challenges and solutions. Finding experienced lawyers in Portugal who specialize in expatriate family matters is often the first crucial step toward navigating this complex process successfully.
The most successful divorces I've handled share one common factor: clients who sought legal advice early, before making major decisions or agreements. This early guidance helps prevent mistakes that can be difficult to correct later.
Whether you're just considering divorce or ready to begin the process, understanding these basics of Portuguese divorce law gives you a foundation for making informed choices. The end of a marriage marks a difficult transition, but with proper support, it can also become the beginning of a new, positive chapter in your life.
Want to hear what other clients
are saying about us?
10. Frequently Asked Questions
What are the rules for divorce in Portugal?
Divorce in Portugal can occur by mutual consent or through a contested process. Mutual consent requires agreement on key issues like property and custody and is handled at the Civil Registry. Contested divorces, filed in court, may be based on grounds such as one year of separation, desertion, mental illness affecting the marriage, or irretrievable breakdown. Legal representation is not mandatory for mutual consent but is recommended for contested cases.
How long does a divorce take in Portugal?
An uncontested divorce in Portugal typically takes 3 to 6 weeks once all documents are submitted to the Civil Registry Office. Contested divorces, often handled in court, may take several months to over a year depending on complexity, such as disputes over assets or child custody. International divorces can also extend the timeline.
Why is Portugal's divorce rate so high?
Portugal's high divorce rate is partly due to how it's calculated—divorces divided by marriages in a given year. With fewer people marrying, the rate appears inflated. It doesn't mean nearly all marriages end in divorce. Social shifts, easier legal procedures, and changing cultural norms have also contributed to the rise.
Is divorce easy in Portugal?
Divorce in Portugal can be relatively straightforward, especially if both spouses agree. An uncontested divorce is processed at the Civil Registry and usually takes a few weeks. Contested divorces, handled by the courts, involve longer timelines and more complexity. Simplified legal procedures have made the process more accessible in recent years.
