Legal issues Portugal

Types of Marriages in Portugal

Civil Marriage: Officially recognized by the state and concluded at a civil registry office.

Religious Marriage with Civil Validity: A religious ceremony that holds the same legal status as a civil marriage, provided it is registered with the civil registry office.

 

Basic Requirements

Age: Both parties must be over 18 years old. Individuals aged 16 to 18 can marry with written consent from their parents or legal guardians.

Legal Capacity: Both partners must be capable and not already married to someone else.

Absence of Close Kinship: Marriage between close relatives is prohibited.

 

Foreign citizens must provide the following documents:

- Passport: Valid and not expired soon.

- Birth Certificate: Original or certified copy.

- Certificate of No Impediment to Marriage: Confirms you are not married and are eligible to marry; issued by competent authorities of your country.

- Divorce Decree or Spouse's Death Certificate (if applicable).

 

Apostille or Legalization of Documents, Translation:

All foreign documents must be legalized through an apostille in accordance with the Hague Convention.

If your country is not a party to the Hague Convention, documents must be legalized at the Portuguese embassy or consulate in your country.

All documents not in Portuguese must be translated by a certified translator.

 

Registration Procedure

 

Preliminary Consultation: Contact the local civil registry office for information on the process and to book a date.

 

Application Submission: Submit an application of intent to marry at the civil registry office; pay any necessary administrative fees.

 

Waiting for Review: The civil registry office will review the submitted documents; the process may take several days to weeks.

 

Conducting the Ceremony: The ceremony is conducted in Portuguese; if necessary, hire a certified translator. After the ceremony, you will receive the official marriage certificate.

 

Additional Tips

Visa Requirements: Ensure you have a valid visa or residence permit in Portugal.

Recognition of Marriage Abroad: Contact your country’s embassy or consulate for registration or recognition of the marriage back home.

Legal Advice: Consider consulting a lawyer specializing in family law in Portugal to facilitate the process.

Timing: Start preparation at least 2–3 months before the intended wedding date to avoid delays.

Registering a child's birth in Portugal is a mandatory procedure to ensure the issuance of a birth certificate, citizenship, and access to social services.

 

Registration Deadline: Within the first 20 days after birth. If registration cannot be done within 20 days, you must provide a justification for the delay.

 

Where to Register the Birth

 

Maternity Hospital or Hospital: Many medical institutions have civil registry representatives who can register the birth immediately.

Civil Registry Office: You can go to any office regardless of the child’s place of birth or the parents' residence.

Online through the portal Justiça.gov.pt: In some cases, registration can be done online (requires a digital signature).

 

Required Documents for Both Parents:

- Valid Passports or Identification Documents: Foreign passports or residence permits.

- Taxpayer Numbers (NIF): If available.

- Social Security Numbers (NISS): If available.

- Marriage Certificate: If the parents are married. If the marriage took place outside of Portugal, it may require legalization and translation into Portuguese. If the parents are not married: The father can acknowledge the child during registration.

 

For a child: Medical birth certificate (issued by the maternity hospital or hospital).

 

Special Cases

 

Foreign citizens without legal status

Right to registration: All children born in Portugal are entitled to registration regardless of the legal status of their parents.

Confidentiality guarantee: Registration authorities do not disclose information about the immigration status of parents to immigration services.

 

Citizenship assignment

Automatic citizenship: A child may obtain Portuguese citizenship at birth if at least one parent has been legally residing in the country for at least one year.

Other cases: Otherwise, the child may be eligible for citizenship upon reaching a certain age or by meeting other conditions.

Types of business structures

 

Sole Proprietor (Empresário em Nome Individual): A business registered to a single individual; simple registration, but unlimited personal liability.

 

Limited Liability Company (Sociedade por Quotas - Lda.): The most common form for small and medium-sized businesses; minimum 1 participant; minimum share capital 1 euro per participant; liability limited to the contribution to the capital.

 

Public Limited Company (Sociedade Anónima - S.A.): Suitable for large enterprises; minimum 5 shareholders; minimum share capital: 50,000 euros.

 

Branch of a foreign company (Sucursal): A representation of a foreign company in Portugal; the branch is not a separate legal entity.

 

Preliminary steps

Obtaining a tax number (NIF): Obtain it from the local tax office.

Opening a bank account: For depositing share capital and conducting financial transactions.

 

Business registration procedure

 

Choosing a company name: Check availability through the Registration and Notary Institute: name reservation (can be reserved for 10 days).

 

Preparation of founding documents: Articles of Association; Founding Agreement.

 

Company registration

Online: through the Empresa Online portal.

In-person at the Entrepreneur Support Center.

Documents: Founding documents; copies of founders' passports; proof of capital contribution (for certain forms).

Timeframe: Usually 1–2 business days when submitted online.

 

Registration with tax authorities and social security

Tax office: Start of activity notification; registration for VAT payment (if applicable).

Social security: Registration of the company and employees in the social security system.

 

Licenses and permits: Some businesses require special licenses (e.g., restaurants, transportation services) which must be obtained through the relevant municipal authorities or regulatory agencies.

 

Special requirements for foreigners

Residence permit: Not required for registration; however, for managing a business and staying in the country for more than 90 days, an appropriate visa or residence permit is required.

 

Tax representative

Required for non-residents: A tax representative will receive correspondence from tax authorities on your behalf.

Who can be a representative: An individual or legal entity residing in Portugal.

 

Additional tips

Seek professional assistance: Legal consultants will help with document preparation and compliance with all legal requirements; accountants are necessary for managing financial and tax reporting.

 

Note: Laws and procedures can change, so it is advisable to check the current information on official websites or consult professionals.

Basic Notary Services

Certification of contracts: Notaries certify real estate sale contracts, marriage contracts, wills, and other documents.

Issuance of powers of attorney: Notaries draft and certify powers of attorney for representation in various matters.

Certification of signatures: Authentication of signatures on documents for legal confirmation of their authenticity.

Legalization of documents: Notaries can authenticate documents for use abroad through an apostille.

Drafting Wills: Notarial certification of wills, which guarantees their legal validity.

Legalization of Documents: For the use of Portuguese documents abroad, a notary can affix an apostille.

 

Choosing a Notary: You can find a notary through local notary offices or via the website (https://www.notarios.pt).

Appointment Booking: Most notaries work by appointment. Some services can be arranged online, however, for signature certification or transaction authentication, personal presence is mandatory.

 

Additional Requirements for Foreigners

 

Translator: If you do not speak Portuguese, the notary may require the presence of a certified translator to translate the content of the document and procedures.

Document Translation: The notary may require a notarized translation of documents into Portuguese if they are presented in other languages.

Tax Representative: If you are not a resident of Portugal, appointing a tax representative may be required for financial activities.

Recognition of Foreign Documents: Foreign documents used in notarial actions in Portugal must be legalized with an apostille or at the Portuguese consulate in the country of origin.

 

Note: Rules and procedures may change, so it is recommended to verify the information on official websites or consult a professional.

Types of Divorce

 

Divorce by Mutual Consent: A process where both spouses agree to a divorce and have reached an agreement on the terms.

Features: Short timelines, lower costs; can be arranged through civil registration offices or through the court.

 

Divorce Without Consent of One Spouse: One spouse initiates divorce without the consent of the other.

Features: The application is submitted to the court; grounds for divorce must be proven. Grounds for divorce may include:

- Actual separation for a year.

- Mental alteration of a spouse, preventing cohabitation.

- Absence of a spouse without a trace for more than a year.

- Any other factors indicating an irreparable marriage breakdown.

 

Additional Advice

Legal Assistance: It is recommended to consult a lawyer specializing in family law in Portugal.

Language Barriers: If you do not speak Portuguese, hire a certified translator.

Recognition of Divorce Abroad: Check with your country's consulate or embassy about the procedure for recognizing a divorce at home.

Mediation: Consider using a mediator to reach an agreement.

 

Note: Legislation may change, so it is advisable to verify the information on official websites or consult a lawyer.

Types of Legal Assistance

Consultation with a Lawyer: Personal legal consultations, contract drafting and analysis, court representation, and more.

Online Consultations: Many lawyers and law firms offer consultations via phone or video call.

Legal Clinics and Centers: Non-profit organizations providing free or discounted assistance to low-income individuals.

Services of a Notary: Document certification, power of attorney drafting, transaction certification, etc.

 

How to Find a Lawyer

Professional Associations: The National Association of Lawyers of Portugal, website www.oa.pt provides information about licensed lawyers by regions and specialties.

 

Online Platforms and Legal Firms

Legal Platforms: Websites like JustAnswer and Consulta Jurídica offer platforms to find lawyers and obtain consultations.

Legal Firms: Many international and Portuguese law firms offer services in multiple languages, including English. For example, PLMJ, Abreu Advogados, VdA, and other large companies have experience working with foreign clients.

 

Consulates and Embassies

List of Lawyers: Consulates and embassies provide lists of recommended lawyers who can assist their country's citizens in Portugal.

 

Legal Assistance on Preferential Terms

State assistance for low-income individuals or those in a difficult life situation: you need to apply to the Institute of Social Welfare; documents confirming income and financial status are required. Available services: free consultations, court representation, exemption from court fees.

 

Legal Clinics and Charitable Organizations

Free consultations: Nonprofit organizations such as Associação de Apoio ao Consumidor (DECO) or Associação Portuguesa de Apoio à Vítima (APAV) provide legal assistance for free or on preferential terms for those in need.

Services for Foreign Citizens: Some organizations, such as Serviço Jesuíta aos Refugiados (JRS), provide legal support to immigrants and refugees.

 

Note: Laws and requirements may change, so it is recommended to check currentness on official websites or consult professionals.

Requirements for the Translation of Official Documents

Certified Translation: For use in government institutions, translations must be performed by a certified translator.

Notarization: Some translations require notarization to confirm authenticity and compliance of the translation with the original.

Apostille: For documents issued outside Portugal, an apostille may be required to confirm authenticity.

 

When is the Translation of Official Documents Required

Confirmation of Immigration Status: Translations of birth certificates, marriage certificates, and other documents may be needed when applying for residence, citizenship, or a visa.

For Educational Purposes: Translations of diplomas, certificates, and academic records are required for admission to educational institutions or for qualification confirmation.

Real Estate Transactions: Official documents such as sales contracts, cadastral extracts, etc., must be translated and notarized.

Legal and Court Documents: Translations of court decisions, notarial acts, and other legal documents for use in Portuguese courts or when concluding transactions.

 

Finding a Translator: A list of certified translators can be found through national associations such as the Association of Certified Translators of Portugal (www.aptrad.pt). You can also contact a professional translation agency.

 

 

Checking Requirements: Each institution may have its own requirements for notarization and translation format. Make sure you follow the specific agency's instructions.

 

Additional Services

Interpretation: In case of court representation or at official meetings, an interpreter may be required. Contact the relevant organization in advance to book the service.

Translation and Notarization by the Same Specialist: Some translators hold a license for notarization, which simplifies the process since the entire process will be completed in one place.

 

Note: Requirements may change, so it is recommended to check currentness on official websites or consult qualified professionals.

Structure of the Judicial System

 

First Instance Courts

Civil and Criminal Courts: handle a wide range of cases, including civil disputes, criminal cases, family issues, and commercial disputes.

Labor Courts: specialize in labor disputes between employers and employees.

Family and Juvenile Courts: resolve family issues such as divorce, child custody, and adoption matters.

Commercial Courts: handle cases related to commercial disputes, bankruptcies, and consumer protection matters.

 

Appeal Courts: hear appeals against decisions made by first instance courts.

 

Supreme Court: is the highest judicial authority for civil and criminal cases; it reviews appeals related to breaches of legal procedures and matters of great importance to national legislation.

Supreme Administrative Court: reviews appeals on administrative and fiscal matters.

 

Specialized Courts

 

Administrative Courts: handle disputes between citizens and government entities.

Fiscal Courts: specialize in cases related to tax disputes and fiscal policy matters.

 

Constitutional Court: addresses cases concerning the constitutionality of laws and legal acts. 

 

Immigration Courts: Specialized courts exist for foreign nationals, dealing with immigration issues such as granting asylum or deportation.

 

Alternative Dispute Resolution: Mediation and arbitration are widely used for resolving civil and commercial disputes. This can be a faster and cheaper way to settle a dispute than litigation.

 

Note: As laws and procedures can change, it is recommended to check the updates on official websites or consult legal professionals.

Foreigners have the right to purchase property in Portugal without restrictions. 

Purchase Procedure

Preparation: Obtain a tax identification number (NIF); open a bank account.

Legal Due Diligence: It is recommended to hire an independent lawyer to verify the legal status of the property (property registration in the land registry; tax registration of the property; housing license – for residential properties; absence of debts or encumbrances).

Offer and Preliminary Contract: Make an official offer to the seller; sign the Preliminary Contract; pay a deposit (usually 10-30% of the property value). In case the buyer withdraws, the deposit is non-refundable; if the seller withdraws, they must return double the amount of the deposit.

Payment of Taxes and Fees: Real estate transfer tax (rate from 0% to 8%, depending on the value and type of property); Stamp duty (rate 0.8% of the property value). Taxes must be paid before signing the final contract.

Final Contract: The signing occurs in a notary's office; at the moment of signing, the remaining amount is paid. After signing the contract and making the payment, you become the legal owner.

Property Registration: in the Land Registry.

Additional Tips

Property Inspection: It is advisable to conduct a condition assessment of the property.

Energy Certificate: Mandatory for all properties for sale.

Potential Risks: Carefully check the property's condition for hidden defects.

Incomplete Documentation: Ensure all documents are in order and there are no legal encumbrances.

Note: Legislation and conditions may change, so it is recommended to check the information's relevance on official websites or consult professionals in real estate and law.

Guardianship

Appointed when parents are unable to fulfill their duties to protect and raise the child, such as in the case of death or loss of parental rights.

Responsible Persons: A guardian may be appointed by the court or chosen from relatives or close family friends.

Rights and Responsibilities: The guardian is responsible for the upbringing, education, and welfare of the child until adulthood.

Adoption 

Full Adoption: An adopted child becomes a full member of the new family and loses legal ties with their biological parents.

Open Adoption: Biological parents can maintain contact with the child and receive information about their life, if agreed upon during the adoption.

Features for Foreign Nationals: Foreigners can adopt a child in Portugal subject to fulfilling legal requirements and conditions set by immigration authorities.

 

Requirements for Guardianship and Adoption Candidates

Minimum Age: Adoption candidates must be older than 25. The age difference between the adopter and the child must be at least 16 years.

Marital Status: Adopters can be single individuals or couples, married or in a civil partnership. If adoption is conducted by a married couple, both partners must participate in the process.

Stable Income: Candidates must have sufficient financial means to support the child.

Medical Examination: Adopters must undergo a medical examination to confirm the absence of illnesses that may hinder child-rearing.

Psychological Readiness: All candidates undergo a psychological assessment to determine their readiness for adoption and child-rearing.

Residency in Portugal: Foreigners wishing to adopt a child must have a residence permit and reside in Portugal. Living abroad may require additional conditions and agreements with another country.

International Adoption: Portugal is a party to the Hague Convention regulating international adoption. This ensures that all procedures comply with international standards for child protection.

Note: Laws and procedures may change, so it is recommended to check the accuracy of information on official websites or consult with legal professionals.