Family
A 2000 Family Code with registry divorce for childless couples
The Family Code of 2000 governs marriage and parentage. Spouses without minor children and without property disputes may divorce at the civil registry, while all other cases go to court, and property acquired in marriage is jointly owned by default.
Key rules
- Registry divorce is available where there are no minor children and no property dispute.
- Property acquired during marriage is common property unless a marriage contract says otherwise.
- Child maintenance is a share of income, with a quarter for one child as the guide.
- Adoption requires a court decision and the national adoption register.
Governing law
- Family Code (2000)Law 1316/2000.
- Law No. 100/2001 on civil status documents (2001)
- Law No. 99/2010 on the legal regime of adoption (2010)
In practice
A registry divorce takes one month from filing but is blocked if either spouse objects, at which point the case must be restarted before the court.