A

Amicable Divorce Agreement: An agreement between the divorcing parties that sets forth the terms of the divorce by mutual consent.

Collaborative Mediation Agreement: An agreement reached through collaborative mediation.

Family Mediation Agreement: A legally binding agreement that results from a mediation process, setting out the mutually agreed terms of the divorce.

Agreement to Regulate the Exercise of Parental Responsibilities: A document that regulates issues such as custody, visitation and parental responsibilities in cases of divorce with children. 

Separation Agreement: An agreement that regulates the terms of the separation, including issues such as division of assets, alimony and parental responsibilities.

Divorce Action: A legal process initiated by a spouse for the purpose of obtaining a formal divorce from the court.

Adjudication of Custody: The process by which a court determines custody and parental responsibilities in cases of divorce without consent.

Parental Alienation: Harmful behavior by one parent to manipulate the child against the other parent, with the aim of negatively influencing the relationship between them.

Conciliation and Mediation Hearing: A court session where divorcing parties are assisted by a judge or mediator to try to resolve their differences before litigation.

Prior Conciliation Hearing: An initial hearing in the divorce process in which the judge attempts to encourage the parties to reach an agreement before proceeding with litigation.

Conciliation hearing: An initial hearing where the divorcing parties can attempt to resolve their differences before proceeding with litigation.

Divorce Hearing: A court hearing where the parties present their divorce agreement before a judge for final approval. 

Judgment Hearing: A court session in which the parties present their positions and evidence in a divorce without consent.

Preliminary Hearing: A hearing that takes place at the beginning of the divorce process to define the terms and procedures that will be followed.

B

Common Goods: Assets acquired during a marriage that are considered joint property and can be divided upon divorce.

Pre-Marital Assets: Property that one spouse owned before the marriage and that is not considered joint property.

W

Alimony Assignment: An option in which a spouse gives up their rights to alimony in exchange for a more favorable property sharing agreement.

Penalty Clause: A clause inserted in a divorce agreement to set forth specific consequences if agreed terms are not met.

Requesting Spouse: The party initiating the divorce process, also known as the petitioner.

Required Spouse: The spouse receiving the divorce petition, also known as the respondent.

Conflict of interests: Situation in which the interests of one spouse may conflict with the interests of the other spouse during the divorce process.

Civil Registry Office: An entity responsible for civil registration of vital events, including marriages and divorces, in Portugal.

Informed consent: Completely and voluntarily understanding the legal implications of a divorce before agreeing to it.

Prenuptial Agreement: A legal contract that sets forth the terms of financial rights and obligations between spouses before marriage.

Divorce Contract: A legal document that sets out the terms and conditions of the divorce between the parties involved. 

Custody: The legal responsibility to care for your children and make important decisions on your behalf.

D

Divorce Inequality: A divorce in which one party has more power or resources, which may negatively influence the terms of the agreement.

Wedding Expenses: Costs incurred during the marriage, including living expenses and purchases, which can be discussed during the divorce process.

Divorce Without Consent: A type of divorce in which the parties are unable to reach an agreement on relevant issues and therefore the case is resolved through a court.

Divorce due to Definitive Change in Mental Faculties: A type of divorce that can be requested when one of the spouses suffers from a mental disability that makes living together impossible.

Divorce by Conversion of De facto Separation: A type of divorce in which spouses who have been separated for a certain period can convert their separation into a divorce.

Divorce by Mutual Consent: A type of divorce in which both spouses amicably agree to end the marriage, avoiding legal disputes.

G

Shared Custody: An arrangement in which both parents have equal rights and responsibilities regarding the custody and education of children after divorce.

H

Homologation: The formal act of approving and legalizing the divorce settlement by the court.

Judicial approval: The formal, legal approval of a divorce settlement by the court.

I

Incommunicability of Goods: A property arrangement under which assets and liabilities acquired during a marriage remain the individual property of each spouse.

M

Mediation: A process in which an impartial third party helps divorcing parties reach an agreement on issues such as property sharing, custody, and alimony.

Family Mediation: A dispute resolution process in which a neutral mediator helps the parties reach agreements about divorce issues.

O

Court Order of Protection: An order issued by the court to protect a spouse or children from violence, threats, or harassment during the divorce process.

P

Sharing of Assets: The process of dividing a couple's assets and liabilities equitably during a divorce.

Friendly Asset Sharing: A mutual agreement between spouses about how to divide property during divorce, without the need for court intervention.

Unequal Sharing of Assets: A divorce settlement in which assets are divided unequally, often based on each spouse’s financial needs.

Alimony: A regular payment from one spouse to the other to help with support after divorce, especially if one spouse has fewer financial resources.

Parental Power: The set of rights and responsibilities that parents have in relation to their children, including making important decisions on their behalf.

Reflection Deadline: A period after filing for divorce during which the parties have the opportunity to reconsider their decision before the process is concluded.

Extrajudicial Procedure: A dispute resolution process that occurs outside of court, such as mediation, to avoid protracted litigation.

R

Paternity Acknowledgment: A legal procedure to establish paternity of a child, which may be necessary in divorce matters involving children.

Goods Regime: The legal regime that governs the ownership of assets acquired during the marriage, which may be general community, community of acquired or separation of assets.

Community Acquired Regime: A property regime where assets acquired after marriage are co-owned, but assets before marriage remain separate.

General Community Property Regime: A property regime where all assets and liabilities, prior to or acquired during the marriage, are co-owned by the spouses.

Asset Separation Regime: A property regime in which assets and liabilities remain the individual property of each spouse, avoiding co-ownership of assets. 

Hybrid Asset Regime: A property regime that combines characteristics of different regimes, such as separation of assets and partial community of assets.

Regulation of Parental Responsibilities: A process that defines custody, visitation and parental responsibilities after divorce, aiming for the well-being of the children.

Reconciliation: An attempt to resume the marriage after divorce proceedings have been initiated.

Parental Responsibilities: The obligations and rights of parents in relation to their children, including custody, visitation and financial support.

s

Judicial Separation of Bodies: A legal procedure that allows the de facto separation of spouses without formalizing a divorce.

Separated in Fact: When a couple lives separately, but without a formalized divorce.

Process Service: A spouse's official notification of the filing of a petition for divorce, beginning the legal process.

T

Family Court: A specific division of a court that handles family matters, including divorce, child custody, and alimony. 

Guardianship: The legal responsibility to care for a minor who is not the individual's biological child, usually in the event of the death of the parents.