EN 
PT 
The homologation of divorce in Portugal is a mandatory legal step for those who have divorced in Brazil (or another country) and need that decision to be valid in Portuguese territory. Without this process, for all intents and purposes, your previous marriage will continue to be recognized in Portugal.
This comprehensive guide explains why this procedure is essential and how it works, guaranteeing your legal security.
Why is the homologation of a foreign divorce mandatory in Portugal?
The answer is simple: for the Portuguese state, as long as the divorce decree issued abroad is not reviewed and confirmed by a Portuguese court, your marriage remains valid in Portugal.
This is because court decisions in one country do not automatically take effect in another. The homologation process serves precisely to give "legal validity" to this decision, ensuring that your marital status is updated correctly.
This procedure is mandatory not only for divorce, but also for situations such as adoption, recognition of paternity or common-law marriage (with the specific exception of recognition of common-law marriage for Portuguese nationality).
What are the consequences of NOT doing the homologation?
Ignoring the need to get a divorce approved in Portugal can lead to a number of legal and practical problems. The main consequences include:
- Problems in Nationality Processes: Their descendants (children or grandchildren) may have their application for Portuguese nationality hindered or rejected.
- Impediment to Remarriage: You won't be able to remarry in Portugal, as your previous marriage is still legally considered valid.
- Complications in Partition and Inheritance: In the event of your death, your ex-spouse may be considered the legal heir to your assets in Portugal, generating complex family disputes.
- Legal uncertainty: Your marital status will be irregular, which can impact on several other areas of your civil life in Portugal.
How does divorce homologation work in Portugal?
The process of recognizing a foreign judgment is a judicial process that takes place in the Court of Appeal in Portugal, normally without face-to-face hearings.
Important: This is not a new divorce trial. The Portuguese court will not re-evaluate the reasons or the terms of the separation (such as the division of assets or child custody). The analysis is focused on the formal aspects of the decision.
Documents required
To start the process, you will need to gather the following documentation:
- Copy of the Brazilian divorce proceedings.
- Birth certificate of the parties.
- Marriage certificate.
- Valid identification documents (ID, passport, citizen's card, etc.)
Frequently asked questions (FAQ)
1. How long does the divorce homologation process take?
The process of homologating a foreign judgment in Portugal can vary from 2 to 7 months. However, with the help of a specialized lawyer, it is possible to significantly reduce this time, optimizing the procedures and collaboration between the parties for a swift and safe conclusion.
2. What if the divorce took place at the registry office (extrajudicial)?
The procedure is similar. The public divorce deed drawn up at the registry office in Brazil also needs to be reviewed and confirmed in Portugal in order to be legally valid.
3. Do I need a lawyer for this process?
Yes. The process of homologation of a foreign judgment is a judicial process and, by law, requires the appointment of a lawyer, registered with the Portuguese Bar Association, to represent the applicant before the Court of Appeal.
4. I got divorced abroad and changed my name. What do I need to do to change my name in Portugal?
Name changes are only possible in Portugal once the divorce has been ratified and subsequently registered in the Portuguese birth registry.
5. What if the divorce took place in another country or there are different situations?
There are exceptions, especially for divorces carried out in European Union countries or situations governed by international treaties. Each case has its own particularities, and identifying the correct procedure from the outset is key to avoiding duplicate processes.
Homologation: Secure your peace of mind and future
The decision to have your divorce ratified in Portugal is not just a duty, but an act of responsibility towards your own future. When the procedure is carried out by professionals who master international family law and have extensive experience in the homologation of judgments, the difference is revealed in every detail: fewer doubts, more agility and, above all, security for the next decisions in life.
It should be noted that the services of a specialized lawyer are mandatory. Approval cannot be granted without representation by a professional registered with the Portuguese Bar Association, which ensures that all legal requirements are faithfully complied with and avoids mishaps.
And if you still have any doubts about the steps, documents or particular situations, we recommend that you clarify them before moving forward. After all, every detail matters to guarantee full legal security in Portugal.
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Lawyer registered with the Portuguese Bar Association under No. 59.173P, graduated from UniCEUB in 2017, with a postgraduate degree in Real Estate Law from the Catholic University of Porto.
He works in the areas of Private International Law, with an emphasis on the homologation of foreign judgments in Portugal, Portuguese Nationality Law, Foreigners' Law, Family Law and Real Estate Law.
