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Extrajudicial Divorce in Portugal (divorce by mutual agreement)

Writer's picture: Caroline MeijerinkCaroline Meijerink

Updated: Jan 8


Divorce in Portugal
Extrajudicial Divorce in Portugal

When there is a consensus between both spouses, that is, in the case of a divorce by mutual consent (also popularly known as divorce by mutual agreement), it is possible to carry out the entire process extrajudicially, in any Civil Registry Office chosen by the parties. in national territory.


Some registry offices only carry out the divorce itself, not dealing with the division of the couple's assets, which, in this case, must be done later at a notary's office or in a citizen's store.


However, there are also registry offices that offer the so-called "Divorce with Sharing Desk", where, generally, it is possible to deal with the sharing of assets in the same location. It is important to mention that, in exceptional cases, a registry office with this service may temporarily choose not to share.


By accessing this link (https://justica.gov.pt/Servicos/Balcao-Divorcio-com-Partilha), at the end of the page, you can find a list of registry offices that have the Divorce with Sharing Desk.


Now, let's talk about the documents needed to start the divorce process by mutual consent at a registry office:

  1. Divorce Request: It can be presented by the parties involved or by their attorneys with special powers.

  2. Agreement on the Family Home: If the house is owned by the couple, or even if it is rented, it is important to define its destination. Will it be lived in by one of the spouses, rented to third parties or will there be another solution?

  3. List of Common Assets and Their Value: It is necessary to detail all the couple's assets and liabilities, including properties, bank accounts, vehicles, loans, among others.

  4. Alimony Agreement between Spouses: If the spouses opt for this alimony, an agreement must be reached.

  5. Agreement on Parental Responsibilities: In cases where there are minor children, it is necessary to define how to exercise parental responsibilities for the children, defining custody, visits, alimony, etc.

  6. Fate of Companion Animals: If there are companion animals (pets), it is important to decide who will be responsible for them.

  7. Certificate of Prenuptial Agreement: If a prenuptial agreement was signed.


If the division of assets is carried out at the time of divorce, the sharing agreement must also be presented.


And if you're wondering: "What if the couple doesn't have minor children? Or doesn't want to establish spousal alimony? Or doesn't have companion animals?"


In these cases, it is not necessary to present the corresponding agreement. However, it is essential to mention this situation in the divorce application (Document 1 mentioned above). Explaining these situations clearly in the application is essential, to avoid doubts in the process.


As for the costs owed to the Conservatory for the process, they vary depending on the service:

  • Isolated divorce process: 280€

  • Isolated sharing request: 375€

  • Combined divorce and sharing (at the same time): 625€


It is important to highlight that, if the financial situation of one or both spouses justifies it, they can request legal aid (SADT) for exemption or phased payment (in installments) of fees, even if the procedure is extrajudicial.


We hope this brief post has clarified your doubts about Extrajudicial Divorce in Portugal. If you have more questions or want to contribute to this content, leave your comment below.


If you have already been divorced in another country, and need the divorce to be registered in Portugal as well, see our other post, about Foreign Sentence Review in Portugal:









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©2023 by Caroline Meijerink

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