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Divorce by mutual consent in Portugal.

When the spouses agree, the divorce is handled by the Civil Registry Office. The essential work lies in the agreements required by law — parental responsibilities, the family home, maintenance and common assets. Where there are minor children, the parental-responsibilities agreement is referred to the Public Prosecutor before the divorce is granted. If it does not adequately protect the children’s interests, it must be amended or the matter will proceed to court.

How it works

Registry or court: what the law requires.

Divorce by mutual consent presumes agreement on the divorce itself and on the connected matters: the exercise of parental responsibilities for minor children (with the Public Prosecutor's intervention), the family home, maintenance for a spouse who needs it, and the inventory or division of common assets. With the agreements complete, the process runs at the Civil Registry Office. Without agreement on any of these matters, the divorce follows the judicial route — which we also handle from start to finish.

Our work

From the first agreement to the registry conference.

i

Case framing

Analysis of the family and asset situation, identification of the required agreements and documents (certificates, prenuptial agreement if one exists, foreign marriage transcription if needed).

ii

Drafting the agreements

Parental responsibilities, family home, maintenance and asset inventory — drafted with attention to the lasting effects of each clause.

iii

Registry and conference

Preparation and filing of the application, liaison with the Civil Registry Office and, where there are minor children, follow-up of the Public Prosecutor’s review of the parental-responsibilities agreement. Once the legal requirements are met, we accompany the registry conference and the divorce decree.

iv

After the divorce

Asset division, registrations and annotations, and later amendments to the parental responsibilities regime when circumstances change.

FAQ

Divorce by mutual consent questions.

With the agreements prepared and the documents complete, the Civil Registry process is typically concluded within a few weeks, depending on the registry's schedule. It is the fastest way to dissolve a marriage in Portugal.
An agreement on the exercise of parental responsibilities for minor children (subject to ratification with the Public Prosecutor's intervention), on the family home, on maintenance for a spouse who needs it, and the inventory of common assets or an agreement on their division.
At the registry, a lawyer is not mandatory — but the agreements produce lasting property and parental effects, and that is where legal advice makes the difference. A lawyer makes sure the agreements protect your position before you sign them.
Documents and much of the preparation can be handled remotely. Representation by a power of attorney with special powers may be available for many acts, but the requirements depend on the registry, the documents and the circumstances of the case. We frequently handle divorces where one or both spouses live outside Portugal, including the transcription of marriages celebrated abroad when needed.
If the marriage was celebrated abroad and involves a Portuguese citizen, its transcription in the Portuguese civil registry is, as a rule, a precondition for divorcing in Portugal. We handle the transcription and the divorce as one coordinated process.
At the date of this review, the official registry fees are €280.00 for divorce without division of assets, €375.00 for the division and registration of assets, and €625.00 for divorce with division. Certificates, registrations and other necessary acts may add further costs. Legal fees are set out in writing after the initial consultation.
Where there are minor children, the parental-responsibilities agreement is sent to the Public Prosecutor before the divorce is granted. The Public Prosecutor may propose amendments. If the spouses do not accept them, the matter is referred to court.
One lawyer may act where there is genuine agreement and no conflict of interests. The lawyer must remain independent in relation to both spouses and must cease acting jointly if a relevant conflict arises. This should not be presented merely as a way to reduce costs.

Last legal review: 19 July 2026. This information is general and does not replace individual legal advice. It does not constitute a guarantee of any outcome. The applicable framework depends on the law in force and on the specific circumstances of each case. See also: family law.

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