Family law - Alimony - Portugal

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In this case study on family law – alimony, Member States were asked to advise a party who initiates proceedings on litigation costs given the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they decide to separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother initiates court proceedings on this issue.

Case B – Transnational situation with a lawyer acting in Member State A: Two persons have lived together unmarried in a Member State (Member State B). They have a three year old child. They separate. A court decision in Member State B grants custody of the child to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A), where they establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother initiates court proceedings on this issue in Member State A.


Costs of proceedings

Costs in Portugal

Witness compensation, guarantees and other fees applicable

Case study

Witness compensation


Guarantees


Other fees



Do witnesses receive compensation?

Cost

Does this possibility exist? When and how is it implemented?

Cost

Description

Cost

Case A

Yes – Table IV annexed to the Regulation on Costs of Proceedings adopted by Decree-Law No 34/2008, of 26 February

EUR 0.2 per kilometer





Case B

Yes – Table IV annexed to the Regulation on Costs of Proceedings adopted by Decree-Law No 34/2008, of 26 February

EUR 0.2 per kilometer






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Last update: 08/11/2019