A divorce process is never easy. However, there are different types of divorce, depending on the understanding between the parties divorcing and the bureaucracy involved.
Have you heard of out-of-court divorce? This type of divorce happens when both parties involved in the process agree on the divorce itself, and on the divisions to be made.
In this article, I learned more about what an uncontested divorce is, and how you can proceed in the best possible way, always protecting your rights.
What is Extrajudicial Divorce?
Extrajudicial divorce, also known as divorce by mutual consent An amicable divorce happens when there is agreement between the couple in the divorce process on various levels, such as the division of assets or the acceptance of the divorce itself.
In this type of divorce, it is not necessary to go to court, as is the case with other types, such as contentious divorce.
The difference between a judicial divorce and an extrajudicial divorce lies in whether the divorce is finalised through a court of law or by agreement outside of court. A **judicial divorce** (divórcio judicial) is when a couple formally dissolves their marriage through the legal system. This typically involves filing a lawsuit, presenting evidence, and having a judge make decisions regarding the divorce, including matters like division of assets, child custody, and alimony. It can be a lengthy and often confrontational process. An **extrajudicial divorce** (divórcio extrajudicial), also known as an uncontested divorce or a divorce by mutual consent, is when a couple agrees on all the terms of their divorce without going to court. This usually involves drafting and signing a divorce agreement, which is then submitted to a registry office or notary for official recording and validation. This process is generally quicker, less expensive, and less emotionally taxing than a judicial divorce, provided both parties are in full agreement on all issues.
In the case of a judicial divorce – also known as divorce without consent, This has to be done in court, as there are situations, such as a lack of consensus among those involved, which require the process to be carried out judicially. In the case of an out-of-court divorce, this happens outside of the courts, only at the registry office.
How does an out-of-court divorce work?
Out-of-court divorce is one of the easiest types of divorce to manage, as it only happens in Civil Registry Office, and it is not necessary to go to court.
For this type of divorce to occur, both parties have to be in agreement, and there can be no minor children.
What is Needed to Carry Out an Out-of-Court Divorce
There are Steps to take to request a divorce extrajudicial. Having said that, the procedures follow below:
Who can apply for divorce
- Individuals with a citizen card and Portuguese or Brazilian citizenship;
- Lawyers representing the couple.
You can request the papers via:
- From a civil registry office;
- Via the internet.
Then, the solicitor analyses the documents, and subsequently a meeting is arranged with the couple wishing to divorce. This meeting depends on two factors:
- Subject to the availability of the chosen registry office;
- From the favourable opinion of the public prosecutor's office, in situations where there are children.
How long does an out-of-court divorce take?
The out-of-court divorce process is quite fast. From when it is filed to its conclusion, consensual divorce takes about two to three months.
How much does an out-of-court divorce cost?
There isn't a fixed cost for an uncontested divorce. The amount can vary depending on factors such as legal fees, taxes payable, and other additions like the number of assets to be divided.
The documents required for an out-of-court divorce are: * **Identity documents:** Identity card (Cartão de Cidadão), passport, or driving licence for both parties. * **Marriage certificate:** A recent copy of the marriage certificate (Certidão de Casamento). * **Birth certificates:** Recent copies of the birth certificates (Certidão de Nascimento) for both parties, and for any children of the marriage. * **Proof of common assets:** Documents proving ownership of any assets acquired during the marriage, such as property deeds (Escritura de Imóvel), vehicle registration documents (Documento Único Automóvel), bank statements, investment statements, etc. * **Agreement on division of assets:** A document outlining how common assets will be divided. * **Agreement on child custody and visitation (if applicable):** If there are minor children, an agreement detailing custody arrangements, visitation rights, and child support payments must be included. * **Agreement on spousal support (if applicable):** If one spouse will be financially supporting the other, this agreement must be specified. * **Proof of residence:** Documents such as utility bills (Fatura de água, luz, etc.) to prove the address of both parties. * **Tax Identification Number (NIF) for both parties:** Número de Identificação Fiscal. **Important Note:** It is highly recommended to consult with a lawyer or a notary
There are documents to take into account when requesting an out-of-court divorce:
- A written document stating one wants a divorce.;
- A written agreement or court order if there are minor children;
- A written agreement on what will happen to the family home;
- A written agreement on what will happen to the pets;
- The prenuptial agreement certificate;
- The common goods, with an indication of their values;
- Citizen card.
Extrajudicial divorce and division of assets: how does it work?
A division of assets in divorce It's an important topic, as it varies depending on the type of divorce. In the case of agreed divorces, the division of assets is made between the couple.
Is it possible to have an out-of-court divorce without a lawyer?
It is not mandatory to hire a lawyer. However, the presence of a legal professional is very important.
O papel do advogado no divórcio extrajudicial é fundamental. Ele atua como um conselheiro imparcial, mediador e garante que todos os procedimentos legais sejam cumpridos corretamente. Suas principais funções incluem: * **Orientação Jurídica:** Explicar os direitos e deveres de cada cônjuge, tanto em relação ao divórcio em si quanto aos seus efeitos, como partilha de bens, pensão alimentícia e guarda dos filhos. * **Negociação e Mediação:** Facilitar o diálogo entre o casal para que cheguem a um acordo sobre os termos do divórcio. Ele busca conciliar os interesses de ambas as partes, minimizando conflitos. * **Elaboração da Minuta do Acordo:** Redigir o acordo de divórcio com base nas decisões tomadas pelo casal. Este documento deve ser claro, completo e estar em conformidade com a legislação vigente. * **Verificação de Requisitos Legais:** Assegurar que todos os requisitos legais para o divórcio extrajudicial sejam cumpridos, como: * O casal não ter filhos menores ou incapazes. * O casal não estar grávido. * O acordo sobre a partilha de bens, pensão alimentícia para
A solicitor plays a very relevant role in divorce proceedings, as they advise their client on negotiations with the other member of the couple, and guide them throughout the entire process, ensuring they do not make any mistakes and their rights are safeguarded.
How to choose the right lawyer for an uncontested divorce?
The choice of a solicitor is always very important, as their professionalism can have a significant impact on your present and future.
At the divorce lawyers We have the best professionals available to guide you through the divorce process.
If one of the spouses does not have a lawyer in an out-of-court divorce, they will need to proceed without legal representation. This means they will be responsible for understanding and completing all the necessary legal documentation and procedures themselves. They may also be at a disadvantage in negotiations if the other spouse has legal counsel.
There are no consequences. However, ideally, both parties should have a solicitor to ensure they are properly informed and supported throughout the process.
Can a solicitor help to speed up an out-of-court divorce process?
The answer to this question is yes, the presence of a lawyer who specialises in out-of-court divorce can help to speed up the divorce process.
Seeking the help of a lawyer specialised in divorce is very important, as hitches or doubts may arise that could delay an out-of-court divorce process.
Conclusion
In contrast to a litigious divorce, an out-of-court divorce is a divorce process where the couple are in agreement. This situation means the process is quicker than in other types of divorce, taking two to three months.
Regarding the division of assets, this is done between the spouses, by written agreement. Among the documents required for the process, this is one of them.
The presence of a lawyer is essential to accompany and advise people in divorce proceedings, and can even speed up the waiting time until the divorce is finalised.
