Divorce is the legal process of dissolving a marriage. Within this system, there are two types: contested divorce and divorce by mutual consent.
So, what exactly do the two types of divorce mean, what documents are needed, and how are assets divided during a separation? These and other topics will be addressed throughout this article from Divorce Lawyers.
What is a divorce?
A divorce is the legal process that dissolves a marriage. marriage between two people, thus ending marital rights and duties.
Divorce is formalized at a civil registry office or in court, with the help of a lawyer, depending on the type of divorce chosen.
Divorce is a right under Portuguese law and can be requested whenever cohabitation becomes untenable, without either party needing to be found guilty. After a divorce, both parties are legally recognized as single and can remarry.
What are the types of divorce?
Divorce is divided into two types: by divorce by mutual consent e contentious. In the first case, this happens when those involved agree to initiate the divorce process, while in the second... divorce without consent There is no agreement between the parties on issues related to the process, such as the division of assets, or even the decision to initiate a divorce.
How do I request the divorce papers?
Initiating divorce proceedings involves some bureaucracy, and there are documents that one must have access to and that are important to have.
To file for divorce, you must submit the following documents if it is a divorce by mutual consent:
- A written request stating how they wish to get a divorce (this document can be made at the registry office);
- A written agreement or a certificate of judgment regarding the Parental responsibilities;
- An agreement on the family home;
- An agreement on the fate of pets;
- A certificate from prenuptial agreement;
- An agreement regarding the division of assets.
You must also request a divorce certificate. To do this, you need to go to a notary's office and have an identification document with you.
Where can I apply for divorce papers in Portugal?
There are several options for filing for divorce in Portugal. Divorce papers can be requested at a notary's office, or online through [website/platform name - specify if possible]. online civil service.
The documents may also be requested by the court in situations of out-of-court divorce.
What documents are needed for a divorce?
To begin the divorce process, certain documents must be submitted.
To file for divorce, several documents are required, depending on the type of divorce. Here is a list of the main ones:
1. Divorce by mutual consent
- Marriage certificate (It can be obtained from the Civil Registry).
- Citizen card or identification documents for both spouses.
- Agreement regarding the custody of minor children. (if applicable).
- Agreement on the division of assets (if there are jointly owned assets).
- Agreement regarding child support (for spouse or children, if applicable).
- Proof of residence of both.
2. Contested divorce (without consent)
- Marriage certificate.
- Initial petition (a document prepared by a lawyer, detailing the reasons for the divorce).
- Documents proving income and expenses (if there is a request for alimony or division of assets).
In both cases, other documents may be required depending on the circumstances, such as property valuations or visitation agreements with children.
What are the costs associated with divorce?
The costs associated with a divorce vary depending on the type of process and the services required. Generally speaking, there are three main cost components: court costs, attorney fees, and other additional costs.
court costs
- Divorce by mutual consentThis is the simplest process and, when carried out directly at the Civil Registry Office, the costs are lower. The fee is, on average, around 280 euros. This amount may increase if there is a division of assets or complex agreements, such as child custody or alimony.
- Contested divorce (without consent)In this case, the process is more complex, involving the court. Court costs increase significantly, with fees that can range from 300 to 600 euros or more, depending on the complexity of the case and the length of the proceedings.
2. Attorney's fees
Legal counsel is recommended in both types of divorce, especially in contested divorces. Fees vary depending on the lawyer's experience and location. On average, costs can range between... 1,000 and 5,000 euros, However, they can be higher if the process is prolonged or if there are disputes over assets or children.
3. Other additional costs
- Sharing of assetsIf there are assets to be divided, such as real estate, it will be necessary to use a notary or the court. The cost of dividing assets can vary significantly, depending on the value and complexity of the assets.
- Psychological support or family mediationSome families opt for mediation or family therapy services, which have additional costs.
- Property valuation or expert appraisalsIn some cases, it may be necessary to hire an expert to assess the couple's assets, which involves additional costs.
How long does it take to obtain the divorce papers?
In cases where an amicable divorce occurs, it can take between one and three months. However, there are no set timelines, as everything depends on how long it takes a couple to reach an agreement.
Can I file for divorce online in Portugal?
The answer to this question is yes. In order to make the process easier for some people, divorce can also be requested online through... online civil service.
What happens if my spouse refuses to sign the divorce papers?
If one of the parties does not wish to initiate divorce proceedings, it does not prevent the process from beginning. In these situations, the divorce is considered contested, and legal means must be used.
Can I request the divorce papers at the court?
Yes. In the case of a contested divorce, where both parties cannot reach an agreement, the paperwork can be requested and processed in court.
The entire process goes through the courts in cases like this, where there are disagreements between the couple on central issues in a divorce, such as assets or child custody.
How does divorce affect our jointly owned assets?
You Bens What assets are common in a divorce situation depends on several factors. For example, if you were married under a prenuptial agreement, all assets will be divided equally between the respective owners, as will each spouse's debts.
For more information on this and other matters, please contact... Divorce Lawyers. At Divorce Lawyers, we have the best professionals specializing in divorce law, who can give you the best advice on how to protect your rights in resolving divorce issues.
What agreements should I prepare regarding child custody?
According to the Article 1877 of the Civil Code, Parents have the power of responsibility over their children until they reach the age of majority or become emancipated.
In a situation of divorce, where there are minor children, The spouses must reach an agreement regarding child custody. However, if this does not happen, the case goes to court.
Conclusion
Divorce is divided into contested divorce, where there is no agreement between the spouses, and divorce by mutual agreement, where such an agreement exists.
In the documentation provided throughout the process, if there is an agreement, there is no need to go to court; simply drafting documents outlining the agreements is sufficient. In a contested divorce, however, it is necessary to resort to the judicial system.
Regarding jointly owned assets, their division depends on the marital property regime adopted. If there is a complete division of assets, these are divided at the time of divorce, as are the respective debts.
