Contents
- Mutual-consent divorce
- What do the spouses need to agree?
- Minor children
- Property division
- Contested divorce
- Grounds for divorce without consent
- Does one spouse have to wait one year in every contested divorce?
- Can a contested divorce become mutual consent?
- Mediation
- Which route is better?
- Signs you should get legal advice before agreeing
- How THE-Ö can help
Portugal has two main divorce routes:
divorce by mutual consent and divorce without the consent of one spouse.
The practical difference is simple.
If both spouses agree to end the marriage and can reach the required agreements, the divorce can normally be handled through the Civil Registry.
If one spouse refuses the divorce, or the couple cannot agree on essential connected issues, the case goes to court.
Mutual-consent divorce
A mutual-consent divorce is the simpler route.
It can be requested by both spouses or by representatives acting for them with the required powers.
The current official state fee for the divorce itself, without property division, is €280.
What do the spouses need to agree?
The couple needs to agree to the divorce itself.
Where relevant, they also need workable agreements covering matters such as:
- parental responsibilities for minor children;
- the family home;
- spousal maintenance;
- companion animals;
- common property where division is being handled.
A mutual-consent filing should not be treated as "we agree to divorce now and will decide everything else later" if the registry process requires those issues to be resolved.
Minor children
If the couple has minor children, the parental-responsibility agreement is sent to the Public Prosecutor for review.
The Public Prosecutor currently has 30 days to examine it.
If the Public Prosecutor considers that the agreement does not adequately protect the children, the parents can be asked to change it.
If they do not accept the required changes, the matter can move to court.
Property division
The spouses do not have to pretend that divorce and property are one single act.
They can:
- divorce by mutual consent without completing the property division at the same time;
- use the Divorce with Partition service to divide and register common property as part of the agreed process;
- deal with the partition after the divorce.
The current official fee is:
- €280 for mutual-consent divorce without property division;
- €375 for partition and registration of the couple's property;
- €625 for divorce or separation with partition and registration.
Additional registration and tax costs can apply.
Contested divorce
A divorce without one spouse's consent must be handled in court.
This is sometimes called a contested or litigated divorce.
The court is not deciding which spouse was a "good" or "bad" spouse in order to grant divorce.
Portuguese law moved away from the old fault-based divorce model.
The legal question is whether one of the recognised grounds showing breakdown of the marriage is established.
Grounds for divorce without consent
The Civil Code currently recognises:
Factual separation for one consecutive year
The spouses no longer share married life and at least one intends not to restore it.
Serious change in the other spouse's mental faculties
Where it has lasted more than one year and is serious enough to compromise married life.
Absence without news for at least one year
Other facts showing definitive breakdown of the marriage
This is a broader ground and does not require proving marital fault.
A court case should be built around the facts and evidence that actually support the legal ground relied on.
Need help with this?
Our legal team handles this process end to end. Get a clear assessment and a concrete plan.
Review my divorce optionsDoes one spouse have to wait one year in every contested divorce?
No.
The one-year period is expressly relevant to certain specific grounds, such as factual separation and absence.
The Civil Code also recognises other facts showing the definitive breakdown of the marriage without creating a universal one-year waiting rule for every case.
Can a contested divorce become mutual consent?
Yes.
Portuguese law encourages agreement where possible.
If agreement is reached during the court case, the process can move into the mutual-consent framework with the necessary adaptations.
This can reduce the issues that remain for the court to decide.
Mediation
If both spouses want to avoid litigation but cannot yet agree on all terms, family mediation can be considered.
Mediation is not a substitute for legal advice where one spouse needs to understand their rights before negotiating.
It is also not appropriate for every family situation.
Which route is better?
If a fair and workable agreement is possible, mutual consent is normally simpler, less expensive and easier to control.
Contested divorce is necessary when agreement is not realistic or when one spouse needs a court decision to move the case forward.
The cheapest route is not always the safest route if the price of agreement is giving up significant rights in property, housing, maintenance or children.
Signs you should get legal advice before agreeing
- significant property;
- a Portuguese mortgage;
- a company or shares;
- assets abroad;
- children living in more than one country;
- one spouse controls the finances;
- pressure to sign immediately;
- uncertainty about the matrimonial-property regime;
- uncertainty about Portuguese jurisdiction.
How THE-Ö can help
We can assess whether your case is suitable for mutual consent, negotiate the required agreements and handle the Civil Registry process.
Where agreement is not possible, our lawyers can prepare and run the court case.
Not sure whether your divorce can stay out of court?
Tell us what is already agreed, what is disputed and whether there are children, property or business assets.