Marriage and Matrimonial property

Marriage process (at the Conservatória de Registo Civil)

Start of the Process

The process begins with the declaration of marriage to be made at any Civil Registry Office, consulate Portuguese abroad, “Registration Spaces” or with online registration (only available to Portuguese or Brazilian citizens).

The bride and groom must state:

1.The modality of civil marriage (civil, Catholic or other religious form);

2.the place where they want to marry (civil registry office or anywhere else to which the public has access);

3.Regime of Goods (communion of acquired; general communion; general separation; Or another that the bride and groom convince);

4.Day and time of the wedding (agreed with the civil Registry Office clerk).

Documents required:

1. Identification documents of the bride and groom.

For foreigners:

– Title or residence permit, passport or equivalent document, if not represented by a prosecutor;

– Birth certificate (legalized and translated into Portuguese, if written in a foreign language);

– Certificate of matrimonial capacity (if the country of the groom’s nationality issues such a document);

2. Prenuptial agreement if it has been exists;

3. Authorization of parents or those who legally represent the minor in the case of newly-weds under the age of 18 (and over 16 years).

Marriage by proxy

If the marriage process is initiated by an agent, the power of attorney may be:

 

  • If the attorney is a lawyer, a simple document signed by the groom;
  • A certified document;
  • A document issued by the notary or Portuguese consulate;
  • A document signed by the representative with face-to-face recognition of the signature.

The power of attorney must contain the identification of the bride and groom (name, age, naturalness, habitual residence, affiliation) and indicate the regime of property and the modality of marriage (civil, Catholic, or other religious form).

Costs

For the process and registration of marriage is due the emolument of €120;

If a scheme of matrimonial property other than the community of acquired is chosen, or there is a prenuptial agreement, or if the marriage is to be concluded elsewhere than the Civil Registry Office, the costs will be:

  1. For the procedure and registration of non-urgent marriage concluded outside the Civil Registry Office or in the Civil Registry Office, but outside working hours, or on Saturdays, Sundays or public holidays – €200;
  2. Prenuptial agreement, if one of the standard matrimonial property schemes provided for in the Civil Code is agreed – €100;
  3. Prenuptial agreement if an atypical matrimonial property scheme is agreed – €160;
  4. By registering or amending a prenuptial agreement made elsewhere – €30.

Other issues:

How far in advance should the marriage process begin?

The Civil Registry Office´s recommend that the bride and groom begin the marriage process at least one month in advance (and not more than six) in relation to the date of the marriage.

What property regime can be chosen?

If both bride and groom (or only one of them) are Portuguese nationals, the law provides for the following property-type regimes:

  • Limited Communion of Property;
  • Community of Property;
  • Separation Regime;
  • other agreed within the limits of the law.

If no prenuptial agreement is concluded, the marriage is subject to the regime of Limited Communion of Property. Where the spouses wish to choose any of the other property schemes, they should conclude a prenuptial agreement where they will choose the marriage property regime.

Property Regimes:

Limited Communion of Property

In the Limited Community of Property regime, the assets acquired after the marriage will be marital property. The assets that each of the spouses already owns at the time of marriage shall remain his sole property.

 

Community of Property

In community of property, both the assets that the bride and groom possess at the time of the wedding or those that come to acquire after marriage will be marital property.

 

Separation Regime

Under this regime, each of the spouses remain the sole proprietor of the assets that he already had at the time of the divorce and also of the ones acquired after marriage.

 

Other regimes

The bride and groom will also be able, within the limits of the law, to choose a different regime that, for example, combines characteristics of the regimes referred to above.

Shopping cart

0

No products in the cart.