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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.
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.
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.
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.
Shared Custody: An arrangement in which both parents have equal rights and responsibilities regarding the custody and education of children after divorce.
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.
Incommunicability of Goods: A property arrangement under which assets and liabilities acquired during a marriage remain the individual property of each spouse.
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.
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.
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.
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.
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.
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.
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Family law is an area that requires not only legal knowledge, but also a deep understanding of the emotional nuances involved. At Advogado-Divorcio.pt, we are dedicated to providing a high quality legal service, always keeping in mind the human particularities of each case.
At AdvogadoDivorcio.pt, we value the relationship with our clients, placing transparency and professionalism at the center of everything we do. If you need assistance with family law issues, we are at your disposal to offer the necessary legal support. We invite you to schedule a consultation with us and learn more about our approach and services.