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R. Hermano Neves 18, piso 3, escritório 7, 1600-477
Lisboa - Portugal
+351-21-750-2119
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Email :
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Email: [email protected]
1. MARRIAGE AND COMMON LAW MARRIAGE
It is worth noting that family regulation attracts the institutions of marriage and common regulation, as well as being guaranteed by Portuguese legislation. To carry out the marriage, it is necessary to formalize it with the Civil Registry Office, through authorization for the marriage, including presentation of files and birth certificates. The de facto union, however, is authenticated through a notary's office, with the presence of witnesses.
It is also worth clarifying that the Portuguese Civil Code provides details about each of the institutes. Our Family Law Lawyer in Lisbon and Portugal are prepared to prepare your marriage or civil partnership.
Our Family Law Lawyer in Lisbon and Portugal can help organize your marriage by proxy anywhere in the world.
2. MARRIAGE ANNULMENT
It is necessary to clarify that the annulment of the marriage involves the revocation of the spouses' conjugal reputation as single, as if their marital status had never changed. In this example, as the annulment of the marriage has an ex nunc impact, it will remain in force until the date of the announcement of the annulment, although it will be annulled to a large extent, in addition to being subject to ratification.
The annulment of a marriage is relative nullity, that is, it can only be requested in the cases provided for by law, which includes cases in which the marriage is notoriously irregular. It is worth highlighting the possibilities of marriage annulment, provided for in the provisions of the Portuguese Civil Code, for those who have not reached the minimum age for marriage; minors of marriageable age, although not legal through their legal advisor; due to defect of will, of those unable to consent or unequivocally express consent; concluded with the help of the agent, without this or another contracting party being aware of the revocation of the mandate, and there is no cohabitation between the spouses; using the incompetence of the celebrating authority.
3. DIVORCE
This may be your first divorce, but it isn't always ours. Our Family Law Lawyer in Lisbon and Portugal provide legal assistance in the dissolution of marriages, whether by annulment or divorce. We can help make the divorce method less traumatic and ensure that your legal rights can be guaranteed. Our Family Law Lawyer in Lisbon and Portugal will initiate the procedure in Portuguese Justice to terminate your marriage, we also assist with recognition in the best courts for validate your divorce here in Lisbon and Portugal. Family cases themselves are extraordinarily delicate, we try to make the transition smooth for you and your family by taking note of how extremely difficult it is to get divorced; we help where each event together allows for the dissolution of the marriage or where the divorce is contentious.
Our Family Law and divorce Lawyer in Lisbon and Portugal usually deal with amicable or contentious divorce cases and specific family matters, we are here to resolve the dispute you may have with your partner or spouse. We can work with you to reach a negotiated settlement anywhere feasible. We also have qualified collaborative regulation professionals who can help with this very specific dispute resolution procedure. If a negotiated settlement is not always possible, we litigate. Marriages come and change, but divorce is forever!
Divorce is the legal device through which the marital bond is broken, that is, it puts an end to the marriage, with this, the character gains the reputation of being divorced, diverging from the institution of marriage annulment, in which the person returns to the single fame. It should be noted that the partner is allowed to adhere to the technique due to the easy reality of not looking inside the marriage, no longer wanting a specific purpose, as in the case of marriage annulment.
Furthermore, the divorce can be done extrajudicially, without the need to go to court, but it must be consensual, the couple must not have minor or incapacitated descendants, there must be no pregnancy, and it will be important to be accompanied by a lawyer.
However, in cases where the requirements for a notarized divorce are not present, despite the consent of both spouses, it is very important to document the legal action, but, if there is no agreement between the parties, a contested divorce will occur in court, the which is a much longer and more tiring procedure from a realistic point of view. Our divorce Lawyer in , Lisbon and Portugal are prepared to organize your divorce.
4- PET GUARDING
It is evident that, due to the fact that many households have pets and do not forget them as individuals in the circle of relatives, legal protection on how their custody would be in cases of dissolution of the marital relationship or stable union is essential.
In an effort to clarify disputes, it is also worth highlighting that animals have the legal nature of movable property and are subject to custody.
It is feasible to change the visit to pets after the dissolution of marriage under a common regime, the legal system cannot really disregard the importance of the relationship between man and his pet - especially in the times in which we live - and deny the right of ex-spouse visit or have their canine with them, enjoying their coexistence, at least for a period of time.
In the action aimed at the dissolution of the marriage or stable union, the judge may also decide on the shared custody of the couple's animal”, that is, for the judge to be able to properly resolve cases of shared custody of pets, it is necessary that there are regulations that provide for the right of the puppy in conditions of divorce and civil marriage, as a way of guaranteeing the enjoyment of the desires and well-being of the owners, as well as the animals themselves. Our Family Law Lawyer in , Lisbon and Portugal are ready to assist with this animal custody issue.
5-OWN FAMILY REGULATION LGBTQIA+ AND SAME-AFFECTIVE UNION
Initially, it is worth clarifying that same-sex law is a new region of family circle law, which aims to fulfill the rights of those who are part of the LGBTQIA+ network.
Current law establishes public regulation for families, unions between people of the same sex cannot be left aside within the scope of circle entities.
Our LGBTQIA+ legal professional in Lisbon and Portugal are prepared to organize your gay marriage or LGBTQIA+ wedding.
6-PRENUPTIAL AND POSTNUPTIAL AGREEMENT
It is worth mentioning that the prenuptial agreement, provided for in the Portuguese Civil Code, is the agreement celebrated through which the couple can establish the property regime so that it comes under pressure at some point during the marriage. It must be done at the Notary's Office and subsequently registered at the Registry Office, but its validity depends on the final touch of the marriage.
Some of the reasons why couples opt for a prenuptial agreement are when there are children from another marriage, while the couple does not need the partial property regime, when the spouses choose to create extraordinary clauses, as long as they are in accordance with the regulations, between others.
The post-nuptial agreement consists of the choice of a new property regime for formalized marriages or civil unions. In this example, the spouses can change the property regime described in the prenuptial agreement, or decide on a regime, as long as they have not previously chosen it.
Our Family Law Lawyer in Lisbon and Portugal are ready to prepare your report and guarantee all your rights.
7-ALIMONY
Alimony is an amount fixed by decision, to be paid to children until they reach the age of majority, or if they are studying, so that their basic desires for protection and survival are met. Although it can be deduced, from the nomenclature, that alimony covers more than food, it is capable of covering other costs, including fitness, education, among others.
Furthermore, it should be clarified that alimony must be constant in proportion to the needs of the person claiming it and the sources of the obligated person, as provided for in the Civil Code of Portugal. Our Lawyer specializing in child care in Lisbon and Portugal are ready to prepare your document and guarantee all your rights.
8-ALIMONY FOR FORMER PARTNER/ACCOMPANIMENT
It is necessary to mention that, throughout the marriage, the spouses have the obligation to offer mutual help, however, while the marriage or stable union is extinct, if either party is unable to perform a work function or does not have the resources necessary for your own subsistence, there may be the possibility of requesting alimony from your ex-partner who has better financial situations, in accordance with the provisions of the Portuguese Civil Code.
Preferably, alimony for ex-spouse or ex-partner is granted to women who, because of marriage or a strong union, have gone unnoticed in the job market, but it is better if the pension is due for a period, until the woman is able to stabilize herself financially.
There are other cases in which the woman has dedicated her life to domestic existence and the care of children, giving her the option of establishing a lifetime pension.
In the future, it is worth adding that the right in question also belongs to men, or in relationships between people of the same sex, although the range of cases is limited, because, although women are increasingly occupying a vital position in the sectors of work, there are many women who, however, remain in accordance with historical and social production, abandoning the job market to dedicate themselves to domestic life. Our spousal support Lawyer in , Lisbon and Portugal are prepared to prepare your case and guarantee all your rights.
9-ACKNOWLEDGMENT OF PATERNITY
It should be noted that the recognition of paternity is the technique to formalize the association of a person, for being a biological descendant of another person, and, consequently, bringing all the guarantees and duties of the law depending on the evidence. Equality is formalized before the Civil Registration of individuals is made official.
Portuguese rules provide types of paternity recognition, which are voluntary and forced, also called judicial recognition. “Children born out of wedlock may be diagnosed by the mother and father, collectively or one after the other, in the term of origin, through a will, by deed or different public record, something that could be. The basis of membership.
In voluntary recognition, the father or mother expresses the need to understand their descendant, via public deed, prior to the Notary's Office or private device, in addition, it must be clarified that it is irrevocable and, for it to occur, it requires the consent of the alternative figure of the determined diagnosed.
Judicial recognition, however, is a unique act of the State to analyze paternity and declare the defendant as the mother or father of the author, and is independent of his will. In the case of teenagers, the other figure will appear in the Civil Registry Office, indicating the mother or supposed father of the child. In the case of children of legal age, they will appear at the Civil Registry Office with the intention of filling out a form indicating the supposed mother or father and providing the delivery certificate.
It is evident that the vast majority of paternity recognition cases are fathers who abandon their children, leaving the woman alone and financially destitute.
Our Family Law and divorce lawyer in Lisbon and Portugal with paternity recognition are ready to serve you and guarantee all your rights.
10. INTERNATIONAL PARENTAL KIDNAPPING
Parental Abduction of children around the world are cases in which one of the parents, due to lack of control generated by separation or divorce, takes the couple's child into their exclusive domain, without the consent and against the will of the other spouse.
The Hague Convention aims to protect children, “at a global level, from dangerous outcomes as a result of change of domicile or illegal retention and to establish techniques that guarantee the immediate return of the child to the state of their normal home”, as well as to guarantee safety of the rights of the child." It should also be clarified that the child's place of recurring residence may be the only one in which the child has resided for an uninterrupted period.
Subsequently, it should be mentioned that any character, institution or framework that considers that a child has been kidnapped, by a figure, from their normal residence, without the consent of the other parent, may present the case to the competent authority. Our global Parental Abduction legal professionals in , Lisbon and Portugal are prepared to assist you and guarantee all your rights.
11-DOMESTIC VIOLENCE
Domestic Violence is any competitive conduct, which can be physical, verbal or mental, against a person who is part of a family circle or cohabitation relationship, in their property. The most common cases of domestic violence are against women, children, disabled people and the elderly, that is, people with greater vulnerability, and all of these have provisions in the legal provision, with a view to changing the system and guaranteeing the rights of these groups.
In the end, it is worth highlighting that all this violence, physical or mental, are very extreme elements in the lives of sufferers, as many develop mental problems, phobias, post-demand pressures and self-mutilation, among others. Legal actions taken at the police stations in these cases, aiming at the due criminal duty of the aggressors. Our domestic violence Lawyer in , Lisbon and Portugal are prepared to help you and guarantee all your rights.
12 - INTERNATIONAL ADOPTION
Adoptions in , Lisbon and Portugal are carried out through private Lawyer. most children are abandoned by their parents. The international adoption procedure in Portugal follows the Hague convention with primary government based on “country by country”.
Our adoption law Lawyer in , Lisbon and Portugal have close relationships with orphanages, which makes the entire adoption experience easier and cleaner. From the time an entire file is submitted, a referral takes about a year for a five to six year old child after the dossier is accredited.
at the Social Security District Headquarters, in the middle of your place of residence, at Santa Casa da Misericórdia de Lisboa, if you live in the municipality of Lisbon, at the Azores Social Protection Institute, if you live in the Açores or at the Madeira Social Protection Institute, if you reside in Madeira.
How to adopt a child in Portugal?
If you stay in Portugal and want to welcome a child or baby, you must register with Social Security, participate in initial schooling and an assessment process. The purpose of these steps is to check whether adoption applicants meet the important conditions for becoming parents.
Adoption in Portugal is monitored by the Social Security Adoption team. The organization is responsible for receiving all registrations from adoption candidates and carrying out vital assessments to verify whether the adopters meet the desired needs.
Requirements for adoption:
Be Portuguese or foreign, of the same sex or equal sexes, residing in Portugal and:
Be married or have been in a marital relationship for more than four years;
Be over 25 years old and under 61 years old;
A person who is over the age of 30 and under the age of sixty-one, who may be single, married, widowed or in a non-marital relationship;
Over 25 years of age, if the adoptee is the child of the man or woman to whom the adopter is married.
If adopters are already 60 years old, they can only adopt if:
The child or adolescent was entrusted to them before the adopter turned sixty-one;
The child is the child of the character to whom the adoptee is married;
The age difference between the adopter and the adopted cannot be more than 50 years (which is more appropriate under specific conditions).
Candidates must bear the costs of:
Travel and accommodation that candidates may additionally require during the method.
The child, from the moment coexistence begins.
The admission process begins if you meet the vital conditions for adoption, which involves a psychosocial assessment (interviews, psychological examinations, home visit, among others).
This course lasts at least 6 months and consists of a second educational consultation - which aims to change people's expectations about adopting the truth. By participating in this course, individuals are informed whether or not they meet the necessary situations to undertake. Candidates are placed on a waiting list
Those who meet the vital conditions to adopt are registered on a national list of adoption applicants. Although there are children who can be accompanied, Social Security technicians look for advice on the list when searching for candidates. Wait for adoption inspiration.
Portugal is a splendid European country, which embodies cultures and traditions with its rich and considerable landscapes. , Lisbon and Portugal represent countless racial origins. Portugal is also known for being one of the best tourist destinations in the sector.
13-JUDICIAL RESTRICTION ORDER
A restraining order, or protective order, is issued for you to combat instances of bodily abuse and risk of abuse. The order can provide much-needed peace of mind for those suffering from domestic violence (or anyone who is a victim of violence), both family and criminal courts, depending on the instance, can order restraining orders.
Order of protection and legal professionals in family law
When requesting a protective order in these courts, the man or woman requesting the protective order is called the petitioner. The person against whom the order of protection is requested is called the defendant. Orders of protection may be filed if you are legally married, divorced or separated from the abuser, if you are related to the abuser by blood or marriage, if you have a child in common with the abuser, or if you are/were in a dating relationship. intimate with him/her (along with same-sex partners). Even if the abuser committed a crime against you and you have a protection order from the criminal court, you can still go to the family court together with your , Lisbon and Portugal divorce lawyer to request a protection order as you both the courts have coordinated jurisdiction
ALESSANDRO ALVES JACOB
Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conferenceMemberships:
Brazilian Bar Association/RJ-128.041
International Bar Association-1008212
American Bar Association-01537008
Union Internacionale des Avocats-MI021876
Creci/RJ-43.190
International Bar Association-1008212
American Bar Association-01537008
Union Internacionale des Avocats-MI021876
Creci/RJ-43.190