Family Law lawyers in Portugal

Portugal specifics

How family law works in Portugal

Portuguese family and succession law is governed by the Civil Code and Civil Procedure Code, with mandatory representation by registered lawyers in many proceedings. Below are the practical points that matter when you instruct Family Law lawyers in Portugal.

Court structure for family cases

Family and matrimonial disputes are heard at first instance by the judicial courts organised into 23 comarcas, each with specialised family and minors juízos. Appeals go to one of the five Courts of Appeal in Lisbon, Porto, Coimbra, Évora or Guimarães, and cassation or uniformisation of case law is the role of the Supreme Court of Justice in Lisbon.

Default matrimonial property regime

Unless the spouses choose another regime in an antenuptial agreement, marriage is governed by comunhão de adquiridos under Article 1717 of the Civil Code. Property acquired for value after marriage is common, while assets brought into the marriage or received by inheritance or gift remain separate. This choice has major consequences in divorce asset division.

Forced heirship restricts testamentary freedom

Portuguese succession law reserves a legítima for forced heirs: the spouse, descendants and ascendants. With spouse and children competing, the reserved share is two-thirds of the estate; without a surviving spouse, children’s legítima is one half for one child or two thirds for two or more children. This materially limits estate planning, though EU Regulation 650/2012 allows electing national law.

Stamp duty on inheritances and gifts

Inheritance and gift tax were abolished in 2004; gratuitous transfers are now subject to 10% Stamp Duty under verba 1.2 of the Stamp Duty Code. The spouse or de facto partner, descendants and ascendants are exempt, while siblings, nephews or third parties pay the 10% rate. Reporting to the tax authority is required even when heirs are exempt.

Only Bar-registered lawyers may represent you

Practising law and performing reserved acts before Portuguese courts require registration with the Ordem dos Advogados under the Estatuto da Ordem dos Advogados (Law 145/2015). Carrying out reserved acts without registration is procuradoria ilícita, a criminal offence. This assures that the lawyer you match with is qualified, insured and subject to professional regulation.

Court fees in Unidade de Conta and legal aid

Court costs are governed by the Regulamento das Custas Processuais, expressed in Unidade de Conta (UC) and updated annually. The losing party generally bears costs, and lawyers’ fees are freely agreed. Legal aid under Law 34/2004 covers exemption from fees and appointment of a patrono for those who show economic insufficiency.

Key time limit — Family Law

Divorce filing — minimum marriage duration — None (may be filed at any time). Portuguese law does not require a minimum marriage duration before filing for divorce.

Data sourced from official Portuguese bodies and the European e-Justice portal, accessed February 2025.

• National justice systems – Portugal (e-Justice)
• Estatuto da Ordem dos Advogados (consolidated, 2024)
• Prescrição – Diário da República Lexionário
• Divórcio por mútuo consentimento – Diário da República Lexionário
• Regime da comunhão de adquiridos – Diário da República Lexionário
• Lei 34/2004 – Acesso ao direito e aos tribunais