PORTUGAL Law and Practice Contributed by: João Perry da Câmara, Teresa Silva Tavares, Sofia Vaz Pardal and Joana Salazar Gomes, Rogério Alves & Associados
Rogério Alves & Associados Avenida Alvares Cabral, 61, 4th floor 1250-017 Lisbon Portugal
Tel: +351 21 391 10 40 Fax: +351 21 391 10 41 Email: Geral@raassociados.pt Web: www.raassociados.pt
1. Divorce 1.1 Grounds, Timeline, Service and Process In Portugal, a divorce can be decreed by mutual consent or without the consent of one of the spouses. In the first situation, the parties do not have to disclose the reasons for the divorce. In the second situation, the grounds for divorce are established in Article 1781.º of the Portuguese Civil Code, as follows: • de facto separation for one consecutive year; • the alteration of the other spouse’s mental faculties, when it has lasted for more than one year and, due to its seriousness, jeopard - ises the possibility of living together; • absence, without news of the absentee, for a period of not less than one year; or • any other facts which, regardless of the fault of the spouses, show the definitive break - down of the marriage. The law does not establish different grounds for divorces between same-sex spouses. Portu - guese law does not recognise civil partnerships, which is the reason why there are no grounds for ending this kind of relationship.
If the divorce is by mutual consent, it can be requested in the Civil Registration Office and it will be decreed in two to three months, depend - ing on whether there are minors. In a divorce without the consent of one of the spouses, the one that wants to divorce must file for that in court. One of the grounds for divorce is the de facto separation for one consecutive year. When a spouse files in court against the other, that court will serve the other party. Catholic marriage has the same effect as a civil marriage (Article 1587.º nº 2 of the Portuguese Civil Code). All other religious marriages do not have a civil effect, which is the reason why, in these cases, a civil marriage is mandatory. Besides divorce, a marriage can be declared null and void by a decree issued by the court rendered in a specific process filed by any of the spouses or by someone who, according to Portuguese law, has the right to ask for it in the name of the spouse if they cannot do it by them - selves.
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