Is getting married abroad a good idea?
Can a Portuguese citizen get married abroad?
Yes, Portuguese citizens can get married abroad even if they live in Portugal. The marriage can be conducted either before Portuguese authorities at a Portuguese consular post or directly before the civil or religious authorities of the foreign country. In cases where a Portuguese citizen is marrying a citizen of another nationality, the possibility of marrying at a Portuguese consular post will depend on the laws of the country where the marriage is taking place.
Is a marriage of a Portuguese citizen celebrated abroad valid in Portugal?
Under Portuguese law, marriages of Portuguese citizens only produce legal effects once they are duly registered with the Civil Registry Office. If the marriage is celebrated before Portuguese authorities, the registration is done at the time of the celebration, similar to a marriage conducted in Portugal. However, if the marriage is celebrated before the authorities of the foreign country, the Portuguese spouse must ensure its registration. This can be done through diplomatic or consular agents present in the country of celebration or directly at the Civil Registry Office in Portugal.
What is a marital property regime and what types exist in Portugal?
A marital property regime is a set of rules that defines which assets become part of the couple’s common property upon marriage and which remain the separate property of each spouse. These rules apply to both assets acquired before and after the marriage, until its dissolution.
The Portuguese Civil Code provides three different marital property regimes: the regime of acquired assets, the general community regime, and the general separation of property regime. Through a prenuptial agreement, the couple can choose one of these regimes or agree on a different regime within the limits of the law. However, there are cases where the law limits this freedom by either imposing a mandatory regime or prohibiting certain regimes from being chosen.
What is the applicable property regime for a marriage celebrated abroad?
Generally, the place where the marriage is celebrated does not impact the applicable property regime or the governing law (Portuguese or otherwise) for the marriage.
However, in cases where Portuguese citizens residing in Portugal marry before foreign authorities, if a preliminary marriage process is not organized in advance, the mandatory separation of property regime will apply, even if the spouses had chosen a different regime.
The preliminary marriage process is a sequence of actions aimed at verifying the marital capacity of the bride and groom.
Is a religious marriage celebrated abroad valid in Portugal?
A religious marriage celebrated abroad is treated the same as a civil marriage and is valid as long as it complies with the laws of the place where it is celebrated and respects Portuguese public order principles.
Thus, if spouses marry before a foreign religious authority that lacks the competence under the foreign law, or in violation of that law leading to its invalidity, such a marriage cannot be registered in Portugal.
Similarly, if the foreign marriage is later declared null after its registration in Portugal, such a decision, once recognized by the Portuguese legal system, will result in the cancellation of the marriage registration.
What type or marriages contradict Portuguese public order?
In Portugal, marriages between two people are recognized regardless of gender. This means polygamous marriages are not recognized, and bigamy is a crime.
Additionally, marriages between children and parents, between siblings, or those involving individuals under 16 at the time of the marriage may be considered contrary to Portuguese public order principles, as such marriages are prohibited in Portugal. However, it is not unprecedented for marriages involving individuals under 16 to be registered, particularly when religious reasons are cited.
Nuno Cardoso Ribeiro
Catarina M. Caeiro
Constança Bandeira Pinho