Portuguese Divorce Terms and Their English Translations
Navigating the complexities of legal divorce terminology in Portuguese can be daunting, especially when translating these terms into English. The diverse legal concepts embedded deeply in language reflect unique cultural and jurisdictional specifics. Here’s a glossary of key terms to assist translators and those looking to understand Portuguese divorce proceedings from an English-speaking perspective.
Divórcio Consensual (Consensual Divorce)
The term “divórcio consensual” refers to a divorce mutually agreed upon by both parties. It is often the simplest, quickest, and least acrimonious option as it involves a shared consensus on issues such as asset division, custody, and alimony.
Divórcio Litigioso (Litigious Divorce)
“Divórcio litigioso” denotes a contested divorce. Here, the spouses cannot agree on one or more issues, which necessitates court intervention. This type can be more time-consuming, costly, and complex.
Separação de Bens (Separation of Assets)
This is the arrangement regarding the division of property. In Portuguese, “separação de bens” means that each spouse retains ownership of the individual assets acquired before and during the marriage unless otherwise agreed upon.
Partilha de Bens (Asset Division)
Referring to how assets are distributed upon divorce, “partilha de bens” can include both joint and individual property. The division is often influenced by the property regime under which the couple was married.
Guarda Compartilhada (Shared Custody)
This term is pivotal in matters of child custody. “Guarda compartilhada” means both parents are legally recognized as having joint custody, allowing them shared responsibility over the upbringing of their children.
Guarda Unilateral (Sole Custody)
Unlike shared custody, “guarda unilateral” indicates that only one parent holds custody rights. The designated parent makes key decisions about the child’s welfare without needing the other parent’s consent.
Pensão Alimentícia (Alimony/Child Support)
This term refers to financial support paid to a spouse or ex-spouse following a separation or divorce. “Pensão alimentícia” covers expenses related to children or, in some cases, for the support of a former partner.
Regime de Bens (Marital Property Regime)
“Regime de bens” is a legal system that dictates how assets and liabilities are managed during and after the marriage. Common regimes include community property (comunhão de bens) and separate property (separação de bens).
Comunhão Parcial de Bens (Partial Community Property)
Under this regime, only assets acquired during the marriage are considered joint property, while individual properties owned before marriage remain separate. “Comunhão parcial de bens” is the default regime unless otherwise specified in a prenuptial agreement.
Comunhão Universal de Bens (Universal Community Property)
All assets, whether acquired before or during marriage, are pooled together under the “comunhão universal de bens.” This includes gifts and inheritances unless expressly excluded in a prenuptial agreement.
Separação Total de Bens (Complete Separation of Property)
“in separação total de bens,” each spouse maintains exclusive ownership of assets acquired both prior to and during the marriage. This arrangement must be stipulated in a prenuptial contract.
Amigável (Amicable/Uncontested)
This adjective describes a divorce process where the terms are settled without conflict. An “amicable” divorce implies cooperation and mutual agreement, potentially avoiding lengthy court proceedings.
Acordo Pré-nupcial (Prenuptial Agreement)
“Acordo pré-nupcial” is a legal contract entered into before marriage that outlines the division and ownership of assets and any other obligations should the marriage end in divorce. These agreements are crucial in delineating property rights and obligations.
Capacidade Civil (Legal Capacity)
This refers to a person’s ability to enter into legally binding agreements. In divorce proceedings, “capacidade civil” ensures that both parties are legally competent to understand and consent to the terms of separation.
Reconciliação (Reconciliation)
In divorce terminology, “reconciliação” implies that despite having filed for divorce, there is a possibility that the couple may resolve their issues and continue the marriage. Certain legal systems offer a cooling-off period where reconciliation is encouraged.
Processual (Procedural)
Portuguese legal proceedings often use “processual” to define aspects relating to the process of divorce. This includes filing, hearings, and decrees that comprise the full legal process divorce undergoes in court.
Juridicamente Válido (Legally Valid)
Describing documents and actions deemed acceptable under the law, “juridicamente válido” ensures that any agreements or judgments align with legal standards and can thus be legally enforced.
Homologaçao (Ratification)
In legal terms, “homologaçao” is the confirmation or approval by a court of the agreements reached between parties. This term is crucial when discussing the validation of divorce terms such as asset division and custody.
Ordem Judicial (Court Order)
“Heavily intertwined with procedural matters, an “ordem judicial” is an official ruling by a judge that must be adhered to, including those that dictate terms of separation, custody, and financial obligations.
Citação (Summons)
The “citação” is a formal notice to a respondent (the spouse) that a divorce action has been filed against them. This document outlines the specifics of the claims being made and any scheduled hearings.
Escritura Pública (Public Deed)
“Escritura pública” often comes into play in property settlement agreements, indicating that terms have been documented in a legally recognized format, ensuring their enforceability under law.
Mandado (Mandate/Warrant)
In a legal setting, “mandado” can signify authorization granted by a court or the equivalent of a warrant. It ensures that certain legal actions are enforced, such as the transfer of assets or enforcement of custody arrangements.
Providências Cautelares (Precautionary Measures)
These are interim decisions made by the court to stabilize a situation before the main divorce proceedings are concluded. “Providências cautelares” include temporary child custody or spousal support.
Audiência de Conciliação (Conciliation Hearing)
This formal session allows parties to negotiate and reach an agreement on their divorce terms before proceeding to trial. “Audiência de conciliação” serves to facilitate amicable settlements.
Tutela (Guardianship)
Referring to legal responsibility over minors or individuals incapable of self-care, “tutela” dictates obligations regarding the care, supervision, and decision-making for those under guardianship.
Inventário Partilha (Inventory and Distribution)
This involves cataloging marital assets and determining their division. “Inventário partilha” is critical in ensuring that all asset allocations are fair and accurate under the law.
Vara de Familia (Family Court)
“Vara de familia” is the branch of the judicial system that deals specifically with family-related cases, including divorce. This court oversees issues like custody, support, and property division.
Custodia Alternada (Alternating Custody)
Under “custódia alternada,” children live with each parent for an equal amount of time, thus ensuring that both parents remain actively involved in the child’s life. It requires a well-crafted parenting plan to succeed.
Mediação (Mediation)
This is a voluntary process where a neutral third party assists the divorcing spouses in reaching a settlement. “Mediação” is pertinent when parties are willing to participate in open dialogue but need guidance in negotiation.
Abandono do Lar (Abandonment of Home)
A legal ground often cited in divorce, “abandono do lar” occurs when one spouse voluntarily leaves the marital home without consent from the other, significantly impacting the proceedings and outcomes related to asset allocation and custody.
Nulidade Matrimonial (Annulment)
“Nulidade matrimonial” differs from divorce as it declares a marriage void as if it never existed. This can occur due to reasons such as fraud, coercion, or incapacity at the time of marriage.
Direito à Habitação (Right to Housing)
In divorce terms, it refers to the stakes each party holds regarding the residential property. “Direito à habitação” can affect who remains in the family home post-divorce and under what conditions.
Execução de Sentença (Enforcement of Judgment)
Once a divorce decree is finalized, the “execução de sentença” ensures compliance with the court orders. Enforcement actions may involve financial penalties or redistributive actions against non-complying parties.
Recurso (Appeal)
Following a divorce judgment, a “recurso” allows a party to challenge the decision in a higher court. This step requires substantial legal grounds, as appeals are only granted under specific circumstances.
Provas (Evidence)
Critical in contested proceedings, “provas” encompass all submitted materials that support or contest claims during divorce litigation, such as documentation of assets, testimonies, and financial statements.
Processamento (Processing)
It refers to the passage of a divorce case through legal channels. “Processamento” covers all bureaucratic engagements required from filing petitions to finalizing decrees.
Segredo de Justiça (Confidentiality/Secrecy)
To protect the privacy of involved parties, a “segredo de justiça” may be ordered, thereby limiting public access to sensitive details about the divorce proceedings.
These terms are essential for accurately translating and understanding Portuguese divorce proceedings in English. They reflect the varied aspects of marriage dissolution and the subtleties involved in legal negotiations and resolutions, all of which demand precision and cultural sensitivity in translation.
