Prenuptial Agreements in Portugal

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Elsa provided excellent, friendly, and professional service in preparing documents for my fiancee and me. I would recommend her services! Thank you Elsa.
Peter Lewis
Peter Lewis
12 May 2023
G o o g l e Review

Service Details

Prenuptial Agreements

This service is available across Portugal

Who Can Benefit from this Service?

  • This service is particularly beneficial for expats planning to marry in Portugal. 
  • It caters to those who wish draft a prenup in Portugal to clearly define the management of assets and finances within their marriage, especially in cases where one partner has significant assets, business interests, or children from previous relationships. 
  • Additionally, it’s advisable for individuals entering a marriage with substantial debts, aiming to protect their partner from financial liability.
Who Can Benefit from this Service?

Process: Step by Step

Prenuptial agreements in Portugal or "convenções antenupciais," are regulated under the Portuguese Civil Code (Código Civil Português), particularly within the framework of matrimonial property regimes. 

These agreements allow couples to define how their assets will be managed both during the marriage and in the event of its dissolution. Key elements regarding prenuptial agreements include:

  • Choice of Matrimonial Property Regime: The default matrimonial property regime in Portugal is the regime of acquired assets ("regime de adquiridos"). However, couples can choose a different regime, such as the separation of assets ("separação de bens") or the community of property ("comunhão geral"), through a prenuptial agreement.
  • Formal Requirements: Prenuptial agreements in Portugal must be formalised in a public deed before a notary to be valid. This formalisation ensures that the agreement complies with Portuguese legal requirements and is enforceable.
  • Registration: After the agreement is formalised, it must be registered in the Civil Registry (Conservatória do Registo Civil) to have effect against third parties. This step is crucial for the legal effectiveness of the prenuptial agreement in relation to other individuals or entities besides the couple.
  • Content Limitations: While couples have considerable freedom to arrange their financial relations through a prenuptial agreement, the content of the agreement cannot violate Portuguese law, public order, or good morals. Additionally, agreements cannot ignore or contradict any rights that by law are considered indispensable, such as future child support obligations.
  • Modification and Dissolution: Couples can modify or dissolve their prenuptial agreement by following the same formal procedures required for its creation, including the necessity of a public deed and subsequent registration.
Process: Step by Step

Benefits of this Service

  • Asset Safeguarding: Safeguards individual assets brought into the marriage, ensuring they remain personal property in various scenarios.
  • Debt Protection: Protects against being held liable for the partner's debts, offering financial security and peace of mind.
  • Heir and Family Protection: Ensures desired asset division among heirs, particularly important in blended families with children from previous relationships.
  • Financial Clarity: Clarifies financial expectations within the marriage, reducing the potential for conflicts related to finances.
  • Comprehensive Legal Support: Provides expert legal advice and guidance throughout the process, tailored to individual circumstances.
  • Conflict Mitigation: Helps in avoiding prolonged disputes and litigations in the event of a divorce, ensuring a clearer, pre-agreed division of assets.
  • Professional and Confidential Service: Maintains a high standard of professionalism and confidentiality in handling sensitive marital agreements.
  • Expert Legal Representation: Access to experienced attorneys specialised in family law, ensuring fair and legally compliant agreements.
  • Emphasis on Mutual Satisfaction: Focuses on reaching an agreement that is mutually satisfactory to both partners, reflecting their joint decisions and expectations
Benefits of this Service

Key Components of this Service

  • Legal Drafting and Formalisation: We assist in drafting and formalising your prenuptial agreement, tailoring it to your specific situation in Portugal.
  • Asset Management: The agreement will specify how personal property, jointly acquired assets, and debt responsibilities are to be managed during the marriage.
  • Preventive Measures Against Financial Disputes: By defining asset and debt management in advance, the agreement helps in preventing future financial disputes.
  • Compliance with Regional Laws: In the absence of such an agreement, regional laws in Portugal will default to dictate asset and debt management in marriage and divorce.
  • Specialised Legal Advice: Our service includes comprehensive legal support with experienced family law attorneys.
  • Independent Representation: Each partner is advised to seek independent legal representation to ensure fairness and equity in the agreement.
  • Open Communication Facilitation: We encourage open discussions about finances and expectations, forming the foundation of the agreement.
  • Customised Agreement Drafting: The agreement is drafted and reviewed with opportunities for revisions, ensuring mutual satisfaction.
  • Formal Signing: The agreement is formally signed, ideally well before the wedding, to negate any claims of coercion.
  • Professional Environment for Agreement Creation: We provide a professional environment for the creation and signing of the agreement, ensuring confidentiality and thoroughness.
Key Components of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

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