A divorce process is never easy and involves many important issues that need to be resolved. In this article you will learn more about divorce and all its nuances.
What is divorce in Portugal?
O divorce It is the end of a marriage. In these situations, divorce occurs when a couple decides to legally end their marriage.
What types of divorce are there?
There are mainly different types of divorce, each with specific characteristics and processes, which we will now explain.
- It's the simplest and quickest type of divorce.
- The spouses agree on all relevant aspects, such as the division of assets, alimony, and parental responsibilities, if there are children.
- This can be done through a process at the Civil Registry Office or through a judicial process, requiring the assistance of a lawyer if there are minor or incapacitated children.
Unilateral divorce or divorce without consent of one of the spouses:
- When one spouse does not agree to the divorce or it is not possible to reach an agreement on essential terms.
- This The process is exclusively judicial. and requires representation by a lawyer.
- The spouse seeking a divorce must base their request on grounds stipulated by law, such as de facto separation for one consecutive year, alteration of the other spouse's mental faculties for more than one year, among other legally established causes.
How do I file for divorce in Portugal?
O divorce proceedings It depends on whether it is accepted by the spouses or not. To file for divorce in Portugal, this must be done at the civil registry. However, if it is necessary to file for divorce where there is no agreement between the parties involved, the process must be initiated in court.
In situations where there is agreement on initiating divorce proceedings, and the former spouses do not wish to go to a civil registry office, or have difficulty getting there, they can initiate the process. online.
How much does a divorce cost in Portugal?
The cost of a divorce in Portugal can vary considerably depending on several factors, such as whether it's a divorce by mutual consent or a contested divorce. Here's a general overview:
- Divorce by mutual consent No legal representation required: This can be the most economical option. If the process is carried out at a Civil Registry Office, the costs are generally around 280 euros if there is no division of assets. If there is a division of assets, the cost increases to approximately 625 euros.
- Divorce by mutual consent with a lawyer: If you decide to involve lawyers, the cost starts at the previous values, plus the lawyer's fees, which can vary considerably depending on the professional or firm chosen.
- Contested divorceThis is generally more expensive. Initial court costs are around 600 euros, plus lawyers' fees. Depending on the complexity of the case and the duration of the litigation, costs can increase significantly.
How long does a divorce take in Portugal?
An amicable divorce can take between 1 and 3 months. However, the time it takes for a divorce process is not precise, as it depends on how long a couple takes to reach an agreement, as well as the availability of appointments at the civil registry office.
Who gets custody of the children in a divorce?
Both partners in a couple have equal custody rights to their children. However, this does not apply in situations where the child is at risk, such as in cases of domestic violence.
What is the difference between an amicable divorce and a contested divorce?
Within divorce, there are two types: contested divorce and amicable divorce. In the case of an amicable divorce, this occurs when the members of the couple agree on the divorce process. In a contested divorce, this happens when the spouses do not agree on the divorce, and on certain issues related to the divorce process.
Who pays for the divorce expenses?
Expenses in a divorce are paid by both parties involved in the process. The amount is usually divided equally between both parties.
How does the division of assets work in a divorce in Portugal?
A division of assets in case of divorce It depends on the type of property regime adopted. For example, if a couple has married with a prenuptial agreement with complete division of assets, at the time of separation, the assets The corresponding items for each one go to their respective owner.
In situations where there is joint ownership of assets, even debts are divided between the members of the couple at the time of divorce.
What is the role of a lawyer in a divorce?
A lawyer's role is to defend their client, ensuring that their rights are properly protected throughout the process. Therefore, a lawyer plays a very important role in divorce proceedings.
If you have any questions you would like answered, or need support in going through a divorce, please contact us. Divorce Lawyers, where you can find the best professionals, always willing to help you fight for your rights and interests.
What happens to the house in a divorce?
The division of family home It should be left to the discretion of the spouses, who must agree on who gets the house. But if there is no agreement, the couple must proceed with the division of this property in court.
In situations where a couple is married under a community property regime, agreements can exist where one party keeps the house, and the other party receives half the value of the property in cash.
How does alimony work in the case of divorce?
Currently, the minimum amount to be paid for child support is 292 euros, but the total amount depends on several factors, such as the financial situation of the person responsible for paying the support, their expenses, or their income.
Is it possible to get a divorce without a lawyer?
The presence of a legal professional is fundamental, since a lawyer knows the laws and divorce procedures better than anyone else, becoming an essential element in guaranteeing and protecting the rights of the parties involved, as well as simplifying the entire bureaucratic process.
Who gets custody of the children in a divorce?
Custody should be shared by both parents. However, there are situations where this is not possible, in order to ensure the safety and well-being of the child.
What are the rights of children in a divorce in Portugal?
At the time of divorce, it is important to emphasize that there are rights that children have, and that these must be protected by all parties involved in the divorce:
- The right to education and well-being;
- Right to direct contact with parents, even if they do not live in the same country;
- You children, whether minors or not, They have the right to receive visits from the parents who did not have custody of them.
What is family mediation in Portugal?
The Family Mediation system is a mechanism that allows for the resolution of family conflicts as quickly as possible, and also in the long term. Family mediation exists in situations of divorce, regulation of parental responsibilities, or the division of the family home.
You can do one online order for family mediation.
Can I file for divorce online in Portugal?
Yes. A divorce can be requested. online In Portugal, this applies to divorces by mutual agreement.
Conclusion
There are two types of divorce: contested divorce, where there is no consensus between the spouses regarding the process, and divorce by mutual consent, where there is already consensus.
Consensus is an important point, since when deciding on the division of the house, or even the custody of the children they have in common, it is important that this be decided between the members of the couple. The presence of a lawyer is essential in the process, in order to guide it and fight for the rights of the people involved.
