How to divorce in Portugal: consent vs contested

In short: Portugal gives you two routes to divorce. If you both agree, you divorce by mutual consent (mútuo consentimento) at a conservatória do registo civil (Civil Registry) — no judge, no reason required (Código Civil arts. 1773, 1775). If one spouse refuses, the other files a contested divorce (sem consentimento) at the Family and Children's Court on a ground in art. 1781. The route decides your paperwork and timeline; your property regime decides who keeps what. CourtStairs answers Portuguese and EU family-law questions like these in plain language, with citations to the Diário da República you can check yourself.

This post lays the two routes side by side — the requirements, the documents you must gather, how assets divide by regime, and realistic timelines. It is written for expats, foreigners, and Portuguese readers searching in English.

What are the two ways to divorce in Portugal?

Portugal has two routes: mutual consent (mútuo consentimento) at a Civil Registry, and contested divorce (sem consentimento) in court. Which one applies turns entirely on whether both spouses agree to end the marriage. Since Lei n.º 61/2008 overhauled the law, fault is no longer a stand-alone ground and the process is faster and more administrative.

How does mutual-consent divorce at the Civil Registry work?

When both spouses agree, they file a joint application at any conservatória do registo civil and a registrar (conservador) decrees the divorce — no judge and no reason required. This is the common, fast route for couples who agree the marriage is over. It needs no judge and no proof of any reason — the shared decision is enough (Código Civil art. 1773). You file a joint application at any conservatória do registo civil.

Under art. 1775, the application must be accompanied by a specific set of documents and agreements:

• a detailed list of the common assets (relação especificada dos bens comuns) with their values, or an agreement on how to divide them (partilha);
• an agreement on spousal maintenance (alimentos), for the spouse who needs it;
• an agreement on the family home (casa de morada de família);
• if there are minor children, the court ruling or an agreement on parental responsibilities (responsabilidades parentais);
• a certified copy of any prenuptial agreement (convenção antenupcial), if one exists.

The registrar reviews the agreements to check they protect both spouses. Where there are minor children, the parental-responsibilities agreement is first sent to the Ministério Público (Public Prosecutor) for approval; only then is the divorce decreed.

1. File the joint applicationAt any conservatória do registo civil, with the asset list and required agreements (art. 1775).
2. Registrar reviews the agreementsChecks the family-home, maintenance and (if any) parental-responsibility agreements protect both spouses.
3. Public Prosecutor step (minor children)The parental-responsibilities agreement goes to the Ministério Público for approval before the divorce is decreed.
4. Divorce decreed and registeredOften in one conference or within a few weeks when there are no children and no disputes.

Can you divorce in Portugal if your spouse won't agree?

Yes — the other spouse files a contested divorce (sem consentimento) at the Family and Children's Court on an objective ground in Código Civil art. 1781; consent speeds the process but is not a veto. If one spouse will not agree, the other can still divorce — this route goes to the Juízo de Família e Menores (Family and Children's Court). You no longer have to prove your spouse was "at fault." Instead you rely on one of the objective grounds in art. 1781:

• (a) factual separation (separação de facto) for one consecutive year;
• (b) a change in the other spouse's mental faculties lasting more than one year that, by its gravity, compromises common life;
• (c) absence without news of the missing spouse for at least one year;
• (d) any other facts that, regardless of fault, show the definitive breakdown of the marriage.

Ground (d) is a general clause with no minimum time requirement — it lets a court dissolve a marriage that has clearly ended even where the timed grounds don't yet apply. The judge first attempts conciliation and may steer the parties toward a mutual-consent conversion; if that fails, the case proceeds as an ordinary civil action, which is why it takes far longer.

How are assets divided in a Portuguese divorce?

Division depends entirely on your marriage property regime (regime de bens), not on who "wins" the divorce. Under the default community of acquired property, assets bought during the marriage are common and split 50/50 while each spouse keeps what they owned before; under separation of property there is no common estate to divide. The single biggest factor in who keeps what is your marriage property regime (regime de bens). If you signed no prenuptial agreement, the default in Portugal is community of acquired property (comunhão de adquiridos, art. 1717). The three main regimes divide very differently.

Under any community regime, spouses share the common estate — assets and debts — by half (meação, art. 1730). Separate ("own") property — what you brought in, plus most inheritances and gifts — stays yours. There is an important cap for the broadest regime: art. 1790 says neither spouse may receive more than they would have under the community of acquired property, so comunhão geral cannot be used to walk away with a share of the other's pre-marriage wealth.

What documents do you need to divorce in Portugal?

You need your marriage certificate, ID and NIF for both spouses, and — for a mutual-consent filing — the full art. 1775 package of asset list and agreements. Whichever route you take, some paperwork is common. For a mutual-consent filing you build the full art. 1775 package yourself; for a contested case the court gathers what is missing. Have ready:

• Marriage certificate (certidão de casamento), obtainable from any Civil Registry;
• ID and NIF for both spouses (passport/citizen card and tax number);
• the prenuptial agreement, if one was signed;
• a list and valuation of common assets and any joint debts;
• birth certificates and the parental-responsibilities agreement for any minor children;
• proof of income where maintenance is in play.

How much does a divorce cost in Portugal?

A mutual-consent divorce at the Civil Registry costs €280 without a property split, or €625 when you also divide and register the couple's assets in the same process (IRN fees). A contested court divorce costs more once you add court fees and, in practice, lawyers. Couples who prove they cannot afford it can apply for legal aid (apoio judiciário) and pay nothing.

What happens to maintenance, the home and the children?

Divorce ends the marriage but not every obligation: a court or agreement can still set spousal maintenance, assign the family home, and fix custody and child support. As a rule each spouse must provide for themselves, but agreement or a court can set spousal maintenance (alimentos) where one genuinely needs it (Código Civil art. 2016). The family home can be assigned to one spouse regardless of who owns it, and parental responsibilities — custody, contact and child support — are decided in the children's best interest, by the approved agreement or by the judge.

For how custody and child support are actually decided, see Child custody and support in Portugal. If you were never married, the rules differ — compare marriage vs união de facto.

Where CourtStairs fits

Working out which route applies, which ground you can use, and how your regime splits the assets is exactly what CourtStairs answers — in plain language, with each point tied to its source: art. 1773 for the two routes, art. 1775 for the Civil Registry process, art. 1781 for the grounds, and arts. 1717, 1730 and 1790 for the property split, so you can open the Diário da República and read it yourself. It works in English and Portuguese and has a free tier.

This is general information about the law, not legal advice. The right route, the available grounds, and the exact division depend on your property regime, whether there are minor children, and rules that change over time — so confirm anything important against the primary source or a lawyer before you act.