Portuguese Nationality

Divorce abroad

For whom it is intended:

The divorce of a Portuguese citizen that is decreed abroad must be transcribed to Portugal in order to be registered on the birth certificate.

Whether by court judgement or notarial deed, the foreign decision must be reviewed and confirmed in order for it to be valid in Portugal.

The process of reviewing a foreign judgement is judicial, requires the assistance of a lawyer and can only be brought in Portugal.

Requirements:

  • That the judgement to be confirmed fulfils the following legal requirements:
    • That there is no doubt about the authenticity of the document containing the judgement or the intelligence of the decision
    • That has become final according to the law of the country in which it was handed down
    • That comes from a foreign court whose jurisdiction has not been invoked in fraud of the law and does not deal with a matter that falls within the exclusive jurisdiction of the Portuguese courts
    • That the defence of lis pendens or res judicata cannot be invoked on the basis of a case before a Portuguese court, unless the foreign court has prevented jurisdiction
    • That the defendant has been duly summoned to the proceedings, in accordance with the law of the country of the court of origin, and that the principles of adversarial proceedings and equality of the parties have been observed in the proceedings
    • That it does not contain a decision whose recognition leads to a result that is manifestly incompatible with the principles of international public order of the Portuguese State
  • Gather the following documents, among others:
    • Portuguese birth certificate
    • Certificate of foreign judgement
    • Other documents relating to the type of judgement being reviewed and confirmed

We will analyse and compare birth certificates and proof of residence documents, taking the opportunity to detect any discrepancies in the documents that might hinder the process.

Process:

  1. Framing the legal framework and determining the best strategy for the client and their family.
  2. Guidance on the issue and legalisation of foreign documents by the client.
  3. Submission of the file to the competent registry/court/sector in Portugal and regular monitoring of progress.
  4. Sending the final document to the client – be it the judgement, the civil registration certificate (birth, marriage, death), etc.

* In the citizenship process the client receives a certificate of the Portuguese birth certificate and has the obligation to request the issuance of the “Citizen Card” and in possession of the latter, if desired, it can also request the issuance of the “Portuguese Passport”. Both documents can be issued at the Portuguese Embassy and/or Consulate or directly in Portugal. Ask us how.

Contacte-nos para saber mais detalhes.

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A Lamares, Capela & Associados presta os seus serviços a pessoas e empresas nacionais e internacionais.

Lisboa, Portugal

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