Key Phrases in Portuguese Divorce Documents and Their English Equivalents

Understanding Key Phrases in Portuguese Divorce Documents and Their English Equivalents

Embarking on the process of divorce can be daunting, especially when navigating the intricacies of legal documents in a foreign language. For individuals dealing with Portuguese divorce documents, familiarizing oneself with key phrases and their English equivalents is essential. This guide will dissect pivotal terminology used in Portuguese divorce contexts, offering an insightful translation that ensures a seamless understanding of the process.

Divórcio e Seus Assuntos Relacionados (Divorce and Related Matters)

1. Divórcio – This fundamental term translates straightforwardly to “divorce” in English. It denotes the legal dissolution of a marriage by a court or other competent body.

2. Separação de Facto – Known as “separation of fact” in English, this phrase refers to a situation where spouses live apart without dissolving the marriage legally.

3. Separação Judicial de Pessoas e Bens – Translating to “judicial separation of persons and property,” this indicates a formal separation approved by a court where spouses live separately and their property is divided without ending the marriage.

4. Regime de Bens – This phrase translates to “property regime,” referring to the system governing the ownership and distribution of assets between spouses. Types include “comunhão de adquiridos” (community of acquisitions), “comunhão geral” (general community), and “separação de bens” (separation of property).

5. Pensão de Alimentos – This critical term translates to “alimony” or “spousal support.” It involves financial payments that one spouse may be required to make to the other following separation or divorce.

6. Acordo de Divórcio – Meaning “divorce agreement,” this is a mutually agreed-upon document outlining the terms of the divorce, including child custody, financial support, and division of property.

Custódia e Guarda dos Filhos (Custody and Guardianship of Children)

7. Guarda Partilhada – In English, “shared custody,” this describes an arrangement where both parents equally share the responsibilities and rights concerning their children post-divorce.

8. Guarda Exclusiva – Translating to “sole custody,” this arrangement grants one parent full custody of the children, including the responsibility and right to make major decisions about the children’s welfare.

9. Direito de Visita – This translates to “visitation rights,” referring to the non-custodial parent’s legal right to spend time with their children according to an agreed-upon schedule.

10. Responsabilidade Parental – In English, “parental responsibility,” this phrase encapsulates the duties, rights, powers, and authority a parent has concerning their child.

11. Capacidade de Alojamento – Meaning “capacity for accommodation,” this term assesses a parent’s ability to provide a supportive living environment for the child.

Patrimônio e Partilha (Assets and Division)

12. Bens Comuns – Translating to “common property,” this term denotes assets acquired by spouses during the marriage and subject to division upon divorce.

13. Bens Próprios – Known as “own property,” this refers to assets each spouse owned prior to the marriage, which generally remain with the original owner after the divorce.

14. Partilha de Bens – Meaning “division of property,” this process involves distributing marital assets between spouses according to the property regime in place or a court order.

15. Dívidas Conjugais – Translating to “marital debts,” these are financial obligations incurred by either or both spouses during the marriage and subject to division upon the marriage’s dissolution.

Procedimentos e Tribunal (Procedures and Court)

16. Petição de Divórcio – Known in English as “divorce petition,” this is the formal application submitted to the court requesting the legal dissolution of a marriage.

17. Audiência de Conciliação – Translating to “conciliation hearing,” this is a court-convened meeting aimed at facilitating reconciliation or agreement on divorce terms between spouses.

18. Sentença de Divórcio – This term refers to the “divorce decree,” the official court document that legally declares the dissolution of the marriage and specifies the settlement terms.

19. Processo Contencioso – Known as “contentious proceedings,” this phrase indicates a divorce process that involves disputes between the spouses, necessitating a court’s intervention to resolve.

20. Processo de Mútuo Consentimento – Translating to “mutual consent process,” this is a streamlined, amicable path to divorce where both spouses agree on all terms, reducing the court’s involvement.

Questões Relacionadas à Manutenção (Support-Related Issues)

21. Ordem de Manutenção – Known as “maintenance order,” this court mandate requires a spouse to provide financial support to the other spouse or children post-divorce.

22. Ajuste de Manutenção – Translating to “maintenance arrangement,” this refers to the agreed terms regarding financial support post-divorce, often outlined in a divorce agreement.

23. Alteração de Manutenção – This term, meaning “maintenance modification,” allows for the terms of financial support to be adjusted due to changes in the financial circumstances of either spouse.

Documentação e Formalidades (Documentation and Formalities)

24. Declaração de Separação – Translating to “separation declaration,” this document formally acknowledges the couple’s decision to live separately, possibly preceding divorce.

25. Certidão de Casamento – In English, “marriage certificate,” this official document proves the existence of a marriage, essential in divorce proceedings to establish the legal relationship.

26. Acordo Pré-Nupcial – Known as “prenuptial agreement,” this contract outlines how assets will be divided in the event of a divorce, providing clear directives during separation.

27. Notificação de Divórcio – Translating to “divorce notification,” this is an official notice served to one spouse, informing them of the other’s intention to initiate divorce proceedings.

28. Certificado de Divórcio – This essential document, meaning “divorce certificate,” serves as official proof of divorce once the process concludes and the marriage is legally dissolved.

Resolução de Disputas e Mediação (Dispute Resolution and Mediation)

29. Mediação Familiar – Translating to “family mediation,” this process involves a neutral third-party mediator helping spouses resolve disagreements amicably, often related to child custody or asset division.

30. Arbitragem – Known in English as “arbitration,” this is an alternative dispute resolution method where a neutral arbitrator makes binding decisions on contentious issues outside the traditional court system.

31. Acordo de Mediação – Meaning “mediation agreement,” this legally binding contract results from successful mediation, outlining agreed-upon terms for divorce-related disputes.

Apoio Infantil e Custódia (Child Support and Custody)

32. Subsídio de Criança – Translating to “child support,” this mandatory financial contribution from one parent to the other specifically for the child’s needs post-divorce.

33. Direitos dos Pais – Known as “parental rights,” this phrase encompasses the legal rights and obligations a parent has concerning their child’s welfare, education, and upbringing.

34. Acordo de Custódia Infantil – Meaning “child custody agreement,” this legally binding document outlines the agreed custody arrangements between divorcing parents.

35. Dever de Cuidado – Translating to “duty of care,” this term refers to the legal obligation of parents to ensure their child’s safety and well-being post-divorce.

Acquiring a solid grasp of these key phrases is crucial for anyone navigating a Portuguese divorce proceeding. Understanding these terms alleviates the confusion often associated with legal translations, ensuring that individuals can make informed decisions throughout the divorce process.