Family
Administrative divorce by mutual consent and family and minors courts
Family law sits in the Civil Code. Divorce by mutual consent can be completed administratively at the civil registry, while contested divorce and disputes about children go to the family and minors courts.
Key rules
- Mutual-consent divorce is processed at the civil registry office without court involvement where there is agreement.
- Contested divorce is available on the basis of a breakdown of the marriage without proof of fault.
- Joint exercise of parental responsibilities is the default after separation.
Governing law
- Civil Code (Código Civil), Book IV
- Civil Registry Code (Código do Registo Civil)
In practice
Agreements on children, maintenance and the family home must be approved, and the public prosecutor reviews arrangements affecting minors.