Divorce
Learn how to register in Portugal a divorce granted in Brazil through recognition of a foreign judgment, and which documents to gather. Talk to our team.
After acquiring Portuguese citizenship, the applicant must update their marital status in Portugal. If married, this procedure, known as transcription of the marriage, is handled administratively.
However, if the applicant is divorced, court proceedings are mandatory under Article 978 of the Portuguese Code of Civil Procedure (Código de Processo Civil), in a process known as the special action for recognition (review) of a foreign judgment (revisão de sentença estrangeira), to be filed with the Court of Appeal (Tribunal da Relação). This also applies to a divorce granted by public deed at a notary's office in Brazil.
Once the judgment is issued, the Court will send the Civil Registry Office (Conservatória do Registo Civil) the appropriate official notice stating that the divorce has been reviewed and confirmed.
From then on, the citizen will have their marital status updated in the Portuguese civil registry, which is essential, for example, to register a new marriage or to renew Portuguese documents.
Documents
- Certified copy of the court judgment (Carta de Sentença) that granted the divorce in Brazil, with a Hague Apostille;
- Portuguese certificate of the Transcription of Marriage, certified by a Registry Office;
- Portuguese Criminal Record Certificate (valid for 3 months);
- Authenticated copy of the foreign spouse's valid photo identification document with a Hague Apostille;
- Certified copy of the Portuguese spouse's valid photo identification document (Citizen Card, Cartão de Cidadão);
- Full-text birth certificates of the parties (for the foreign spouse, with a Hague Apostille);
- Current proof of address of the parties; and
- Power of attorney for legal representation.
However, if the intention is to start divorce or judicial separation of persons and property by mutual consent in Portugal (at the Civil Registry Office or online), you must submit an identification document (for example, the Citizen Card), a list of the joint assets and the agreements on: the exercise of parental responsibilities (if there are minor children), support for the spouse who needs it, the use of the family home (casa de morada de família) and the pets, as well as the certificate of the prenuptial agreement, if any. If there is no agreement, a divorce without the consent of one of the spouses proceeds in court.
Fees
- The court costs of the special action for recognition of a foreign judgment may range from €306 to €612, depending on the specifics of the case.
- Divorce by mutual consent, without partition of property, costs €280 (€625 if it includes the partition and registration of the marital assets). Other costs may be added to this amount, for example, fees for consulting the registry databases.
Other services in this area
Wills
Forms, forced share, and applicable law in both countries.
Learn more →
Declaration of heirs
Notary's office or Inheritance Desk, documents, and Stamp Duty.
Learn more →
Assets in Brazil
Selling, inheriting, and managing assets in Brazil while living in Portugal.
Learn more →
Marriage and property regime
Applicable law, prenuptial agreement, and effects on inheritance.
Learn more →
Child custody
Relocation to another country, travel authorization, and the Hague Convention.
Learn more →
International child and spousal support
Setting, collecting, and modifying support between Brazil and Portugal.
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STJ recognition
Portuguese judgments given effect in Brazil.
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Tax residence
Definitive departure from Brazil, the 183-day rule, and double taxation.
Learn more →
INSS retirees
Brazilian pension received in Portugal: the agreement and taxation.
Learn more →Common questions
Didn't find your question? Talk to our team on WhatsApp.
Do I need to register in Portugal a divorce granted in Brazil?
Yes. After acquiring Portuguese citizenship, a divorced person must update their marital status in Portugal through court proceedings, the special action for recognition (review) of a foreign judgment (revisão de sentença estrangeira), filed with the Court of Appeal (Tribunal da Relação) (Article 978 of the Portuguese Code of Civil Procedure). This also applies to a divorce granted by public deed at a notary's office in Brazil. A marriage, by contrast, is updated administratively, through transcription.
What happens after the Court of Appeal reviews the divorce?
Once the judgment is issued, the Court sends the Civil Registry Office (Conservatória do Registo Civil) an official notice stating that the divorce has been reviewed and confirmed. From then on, the marital status is updated in the Portuguese civil registry, which is essential, for example, to register a new marriage or to renew Portuguese documents.
Which documents are needed for the recognition of a Brazilian divorce?
For the recognition of a Brazilian divorce, the documents requested include, among others, the apostilled certified copy of the judgment (Carta de Sentença), the certificate of transcription of the marriage, the Portuguese criminal record, personal documents and a power of attorney for legal representation.
- Certified copy of the divorce judgment (Carta de Sentença) with a Hague Apostille;
- Portuguese certificate of transcription of the marriage;
- Portuguese Criminal Record Certificate (valid for 3 months);
- photo identification documents of the foreign spouse (apostilled) and of the Portuguese spouse (Citizen Card);
- full-text birth certificates;
- current proof of address and power of attorney for legal representation (procuração forense).
How much does the action for recognition of a divorce judgment cost?
The court costs of the special action for recognition of a foreign judgment may range from €306 to €612, depending on the specifics of the case. For comparison, a divorce by mutual consent started in Portugal, without partition, costs €280 (€625 if it includes the partition and registration of the marital assets), and other costs may be added.
Can I get divorced directly in Portugal by mutual consent?
Yes, at the Civil Registry Office or online. You must submit an identification document, a list of the joint assets and the agreements on parental responsibilities (if there are minor children), support for the spouse who needs it, the use of the family home and the pets, as well as the certificate of the prenuptial agreement, if any. Without an agreement, the divorce proceeds in court.
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