A divorce lawyer in Portugal, also known as a family lawyer, is a legal professional who specializes in helping clients navigate the legal aspects of divorce. They can assist with tasks such as filing for divorce, negotiating settlements, and representing clients in court. They can also advise on issues related to child custody, property division, and alimony.
A divorce lawyer in Portugal can help their clients in the following ways:
- Advising on the grounds for divorce: Divorce lawyers can advise clients on the grounds for divorce in Portugal and help them understand the process.
- Filing for divorce: A divorce lawyer can assist with the paperwork and filing of the divorce petition, including the preparation of the required documents and the submission of the petition to the court.
- Negotiating settlements: Divorce lawyers can help clients negotiate settlements with their spouse, including agreements on child custody, property division, and alimony.
- Representing clients in court: If the divorce case goes to court, a divorce lawyer can represent the client and present their case to the judge.
- Advising on child custody: Divorce lawyers can advise clients on child custody matters, including the best interests of the child and the rights of the parents.
- Advising on property division: Divorce lawyers can advise clients on the division of assets acquired during the marriage, including real estate, bank accounts and other assets.
- Advising on alimony: Divorce lawyers can advise clients on alimony, also known as spousal support, and the amount that should be paid.
It's important to note that the Portuguese divorce laws can be complex, and it's advisable to seek the assistance of a lawyer who specializes in family law to guide you through the process.
Divorce in Portugal is governed by the Portuguese Civil Code. The process of divorce in Portugal involves several steps, including filing for divorce, negotiating settlements, and going to court. Here are some key aspects of the divorce process in Portugal:
- Filing for divorce: To file for divorce in Portugal, one of the parties must have been a resident of Portugal for at least one year prior to filing. A divorce petition must be filed with the court and the other party must be served with the petition.
- Negotiating settlements: After the divorce petition is filed, the parties can begin negotiating settlements on issues such as child custody, property division, and alimony. It's mandatory to attend mediation in cases involving children, and it can be encouraged in other cases as well.
- Going to court: If the parties are unable to reach a settlement, the case will go to court. A judge will hear evidence and make a decision on issues such as child custody, property division, and alimony.
- Grounds for divorce: In Portugal, a divorce can be obtained on the grounds of irreconcilable differences, or a separation of two years if both parties agree, or four years if one of the parties does not agree.
- Child custody: In the event of a divorce, the Portuguese courts will make a determination as to child custody based on the best interests of the child.
- Property division: Portuguese law provides for an equal division of assets acquired during the marriage, except in cases where one party can demonstrate that they have made a greater contribution to the acquisition of the assets.
- Alimony: The court may also order alimony, also known as spousal support, to be paid to the financially dependent spouse.