Family
Portuguese-derived civil code family law with recognised customary practice
Family law derives from the Portuguese Código Civil, providing for civil marriage and monogamy. In practice Islamic and customary marriage predominate, and the 2011 statute criminalising FGM is a significant reform enforced unevenly.
Key rules
- Jurisdiction — Tribunais Regionais in family matters; customary and Islamic marriage is widespread but without civil effect unless registered.
- Deadline — Birth registration: within the period set by the civil registry code
- Deadline — Divorce: judicial before the Tribunal Regional
Governing law
- Código CivilPortuguese, retained at independence
- Lei n° 14/2011 que proíbe a mutilação genital feminina
- Lei n° 12/2011 sobre o combate ao tráfico de pessoas
In practice
The retained Portuguese Código Civil sits atop a society in which most marriages are celebrated under Islamic or ethnic custom, so the civil code's monogamy rule and its equal succession shares apply to a minority of unions. The 2011 FGM prohibition was a notable legislative achievement given the practice's prevalence, and prosecutions, though few, have occurred.