Married Abroad and Want to Get Divorced in Portugal? Yes, It’s Possible
Domingas Andresen Guimarães | Lawyer
Married Abroad and Seeking Divorce in Portugal? Here’s What You Need to Know
A marriage celebrated abroad does not prevent a divorce from being granted in Portugal. For foreign residents, the decisive factors are jurisdiction, applicable law, and strategic legal guidance, not the country where the wedding once took place.
Portugal has increasingly become a destination of choice for foreign nationals looking to live, work, or invest. But even when living abroad, life goes on and relationships change. It is therefore not uncommon for foreign citizens residing in Portugal to face major personal transitions during their stay.
One of those transitions is
divorce.
But is it possible to get divorced in Portugal if you were married in another country?
The answer is yes. Below, we explain the main rules applicable to international divorce proceedings in Portugal.
As a rule, foreign couples seeking a divorce in Portugal were married abroad, often in the home country of one of the spouses. However, the place where the marriage was celebrated does not prevent divorce proceedings from taking place in Portugal, provided the couple, or one of the spouses, has a relevant connection to the Portuguese territory.
Under Portuguese law, a divorce involving foreign nationals may be granted in Portugal if at least one of the spouses is
resident in Portugal. This criterion applies equally to citizens of the
European Union and to
non-EU nationals.
For citizens of theEuropean Union, Regulation (EU) 2019/1111 (Brussels II-ter) is also applicable. This Regulation provides that divorce proceedings may be initiated in the country of the spouses’ habitual residence, or in the country of their last habitual residence, provided that one of them still resides there.
Although divorce proceedings may take place in Portugal, Portuguese law does not automatically apply.
Depending on the circumstances, the applicable law may instead be, for example, the law of the spouses’ common nationality or another law determined under EU private international law rules.
The choice of applicable law is particularly important, as it may determine the grounds for divorce, or the rules governing the division of assets.
Once a divorce is granted in Portugal, it may be recognised in the country of origin of one or both spouses. Such recognition depends on the domestic law of the country concerned, as well as on any applicable international treaties.
In Portugal, divorce may take one of two forms.
Divorce by Mutual Consent
This form of divorce is filed before a Civil Registry Office and requires agreement between the spouses not only on the desire to divorce, but also on several related matters. These include the exercise of parental responsibilities are going to be carried out if there are minor children, the use of the family home during the proceedings regardless of ownership, the division of common assets, spousal maintenance if applicable, and the responsibility for pets.
Where minor children are involved, the agreement on parental responsibilities must receive a favourable opinion from the Public Prosecutor of the competent court, after which the divorce is granted by the registrar.
The costs of these proceedings depend on whether the divorce includes the division of assets. If no asset division is included, the cost is € 280.00. If the process includes the division and registration of real estate or vehicles, the cost increases to € 625.00.
Divorce Without the Consent of the Other Spouse
This type of divorce applies when there is no agreement between the spouses on the divorce itself or on any of the matters listed above.
The proceedings take place before a court and are naturally more time-consuming, more expensive, and emotionally more demanding.
In this case, it is sufficient for only one spouse to wish to divorce. However, the request must be based on concrete facts demonstrating the irretrievable breakdown of the marriage, such as:
- separation in fact for at least one consecutive year
- mental illness of the other spouse lasting more than one year and seriously affecting marital life
- absence of the other spouse for at least one year, without news
- any other facts which, irrespective of fault, clearly show the definitive breakdown of the marriage
Legal representation by a lawyer is mandatory in this type of divorce.
International divorce proceedings often involve complex issues of private international law, including jurisdiction, applicable law, and cross-border recognition of decisions.
For this reason, legal assistance from a lawyer experienced in international family law is essential to ensure that the parties’ rights are protected and that the process runs as smoothly as possible.
At LVP Advogados, we regularly advise international clients on cross-border family law matters, providing clear guidance on jurisdiction, applicable law, and the practical steps involved. If you wish to obtain advice tailored to your specific circumstances, please contact us through our contact form.
