Family law - Divorce - Portugal

Portugal

In this case study on family law - divorce, Member States were asked to advise the party that files for divorce on litigation costs given the following situations: Case A – National situation: a couple gets married. Later they separate and agree to a divorce. Case B – Transnational situation: Two nationals from a same Member State (Member State A) get married. The wedding is held in Member State A. After getting married, the couple moves to live and work in another Member State (Member State B) where they establish their residence. Shortly afterwards, the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for divorce before the courts of Member State B.

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Portugal

Costs in Portugal

Costs for court fees, appeals and alternative dispute resolution

Case study	Court			Appeals			ADR
	Initial fee	Transcription fees	Other fees	Initial fee	Transcription fees	Other fees	Is this possible in such cases?	Cost
Case A	EUR 306			EUR 306			Yes. Mediation may take place with a view to reaching one of the agreements required for the divorce to be handled by the civil registry office (see note)	EUR 50

Note: If a couple agree to divorce by mutual consent, this will come before the courts only if there is no agreement on one of the following issues: division of assets, exercise of parental responsibility, maintenance (alimony) or the future of the family home.

If there is agreement on these subjects, divorce proceedings will take place at the Civil Registry Office (conservatória do registo civil) subject to a single fee of EUR 280.

Last update: 05/02/2013

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