Getting Divorced in Portugal
Divorce in Portugal can be by mutual consent (faster, cheaper) or litigious (contested). For expats, there are additional considerations around residency status, international custody, and which country's law applies to your assets.
Determine which type of divorce
Mutual consent (divorcio por mutuo consentimento): both parties agree. Can be done at the Conservatoria — fast and cheap (~280 EUR). Litigious (divorcio litigioso): contested, goes through Family Court (Tribunal de Familia). Takes 6-18 months.
File at the Conservatoria or Court
Mutual consent: file at any Conservatoria do Registo Civil. Bring the agreement on asset division, custody, and alimony. Litigious: file through a lawyer at the Family Court in the area where the couple last lived together.
Documents needed
- Marriage certificate
- IDs of both parties
- Birth certificates of children (if any)
- Asset agreement (mutual consent)
- Pre-nuptial agreement (if exists)
Divide assets
Portugal's default property regime is 'communhao de adquiridos' (community of acquired assets). Assets bought during marriage are split 50/50. Assets owned before marriage or inherited stay with the owner. A different regime may apply if you married abroad or had a prenup.
Arrange child custody
Portuguese courts favor joint custody (responsabilidades parentais partilhadas). For international couples, Hague Convention rules apply. The court considers the child's habitual residence. International relocation with children requires court approval or both parents' consent.
Understand the impact on residency
If your residency depends on a family reunification visa (tied to your spouse), divorce may affect your right to stay. Consult an immigration lawyer. If you have your own independent visa/permit, divorce doesn't affect it.
Watch out
- ●If your residency is through family reunification, start exploring independent residency options before finalizing the divorce
- ●International child custody disputes fall under the Hague Convention — do not relocate children without legal advice
- ●Assets in multiple countries may require separate proceedings in each jurisdiction
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