Divorce records are an essential resource for genealogists and researchers looking to understand family histories. When dealing with Portuguese divorce records, it’s important to become familiar with the key terms used in these documents and their English equivalents. This knowledge can aid researchers in decoding the information contained within these records and provide insights into the legal and societal context of the divorce process in Portugal. Understanding this terminology is crucial, as it not only helps translate the document accurately but also provides context to the legal proceedings described within.
1. Divórcio (Divorce)
The term “divórcio” is straightforward, translating directly to “divorce” in English. This term signals the dissolution of a marriage and is pivotal in any divorce records, often found in the headings or titles of such documents.
2. Requerente (Petitioner)
In Portuguese divorce proceedings, “requerente” refers to the individual who initiates the divorce process. In English, this person is known as the “petitioner.” This term is critical when tracing the narrative of the marital dissolution as it identifies who sought legal intervention.
3. Requerido/Requerida (Respondent)
The term “requerido” (masculine) or “requerida” (feminine) pertains to the individual responding to the divorce petition, known in English as the “respondent.” Identifying the respondent is crucial for understanding both parties’ roles and positions in the divorce proceedings.
4. Separação Judicial de Pessoas e Bens (Judicial Separation of Persons and Property)
This term describes a legal separation process that does not entirely dissolve the marriage but separates the responsibilities and assets. The English equivalent is “judicial separation of persons and property,” which can be a precursor to a full divorce. It’s significant for genealogists determining the financial and social dynamics preceding a divorce.
5. Sentença de Divórcio (Divorce Decree)
Portuguese records will list a “sentença de divórcio,” which means “divorce decree” in English. This official document finalizes the divorce and records the court’s decision, including any rulings on asset division or custody arrangements.
6. Partilha de Bens (Asset Division)
A critical element in divorce records is “partilha de bens,” or “asset division.” This term refers to the process of dividing marital property, which can reflect on the economic status and priorities of the individuals involved.
7. Guarda de Menores (Custody of Minors)
Custodial arrangements are documented under “guarda de menores,” translating to “custody of minors” in English. This term is essential when descendants attempt to trace family dynamics and understand how children were cared for post-divorce.
8. Pensão de Alimentos (Alimony/Child Support)
Divorce proceedings often involve discussions about “pensão de alimentos,” which means “alimony” or “child support” in English. This aspect highlights financial arrangements agreed upon or ordered by the court to support the non-custodial party or children.
9. Motivos para o Divórcio (Grounds for Divorce)
Understanding the “motivos para o divórcio,” or “grounds for divorce,” is significant for genealogists, as these reasons shed light on the societal and personal reasons marriages were dissolved. This entry can include everything from infidelity to irreconcilable differences.
10. Certidão de Divórcio (Divorce Certificate)
The “certidão de divórcio,” or “divorce certificate,” serves as a formal acknowledgment that a divorce has been finalized. It’s a concise record that confirms the divorce, rather than detailing specific terms or proceedings.
11. Provedoria (Legal Representation)
In many divorce records, the term “provedoria” may appear, which relates to legal representation or advice. This is the counsel involved in representing either party in the divorce and equates to the English term “legal representation.”
12. Mediação Familiar (Family Mediation)
Another common term in these records is “mediação familiar,” corresponding to “family mediation.” This is a process involving a neutral third party to help resolve disputes amicably and avoid further litigation.
13. Tribunal de Família (Family Court)
The proceedings typically occur in the “tribunal de família,” or “family court” in English. Recognizing the court’s jurisdiction is key to understanding which legal standards and practices were applied.
14. Processamento de Divórcio (Divorce Proceedings)
“Processamento de divórcio” refers to “divorce proceedings” in English. This encompasses all the legal steps and documentation required from the filing to the final decree, mapping the progress of the case within the judicial system.
15. Reconciliação (Reconciliation)
In some instances, records may note efforts at “reconciliação” (reconciliation), which indicates attempts by the parties to resolve their differences before finalizing the divorce.
16. Declaração de Testemunhas (Witness Statements)
“Declaração de testemunhas,” or “witness statements,” provide third-party insights within the proceedings. These statements can offer valuable context and perspectives on the marriage in question.
17. Citação (Summons)
A “citação” relates to the official notification or “summons” served to a party about the divorce proceedings. This formal document ensures that both parties are informed and have the opportunity to participate.
18. Audiência (Hearing)
Various stages in the divorce will involve an “audiência,” which means “hearing” in English. This term refers to the scheduled court sessions where evidence is presented, and arguments made.
19. Despacho (Ruling)
Following hearings, a judge may issue a “despacho” or “ruling.” These decisions are incremental and often precede the final divorce decree, shaping the course of the proceedings.
20. Pedido de Divórcio (Divorce Petition)
At the core of any divorce process is the “pedido de divórcio,” corresponding to the “divorce petition” in English. This document officially requests the dissolution of the marriage, detailing reasons and initial terms proposed by the petitioner.
21. Processo (Case)
A general term found in many legal documents is “processo,” meaning “case.” It encompasses all documentation, evidence, and rulings related to a specific divorce.
22. Custódia Compartilhada (Joint Custody)
In matters involving children, “custódia compartilhada” or “joint custody” may be granted, allowing both parents equal rights and responsibilities for their children post-divorce.
23. Regime de Bens (Property Regime)
“Regime de bens” refers to the financial arrangements concerning marital property, known as the “property regime” in English. This term outlines how assets and debts are categorized and managed in marriage and dissolution.
24. Notificação Judicial (Judicial Notice)
An official communication, “notificação judicial,” or “judicial notice” is an important document alerting involved parties of proceedings or decisions requiring their attention.
25. Homologação (Approval)
This term “homologação” means “approval” in English. It indicates the court’s consent or ratification of an agreement or decision, crucial for finalizing aspects like asset division or custody.
26. Alegações (Arguments)
The “alegações,” meaning “arguments” in English, are the positions and justifications each party presents during hearings. They form the basis for judicial consideration and decision-making.
27. Quebra de Contrato (Breach of Contract)
Sometimes mentioned in context to divorce, “quebra de contrato” means “breach of contract,” often referring to violations of matrimonial agreements or prenuptials.
28. Provisão (Provision)
“Provisão” is used similarly in English as “provision,” detailing temporary terms set by the court pending the final ruling, such as temporary custody or support.
29. Apelação (Appeal)
If dissatisfied with a decision, it’s possible to issue an “apelação,” or “appeal,” seeking a review and change of the ruling from a higher court.
30. Recurso (Appeal, Legal Recourse)
Similar to “apelação,” “recurso” can mean both “appeal” and “legal recourse,” highlighting avenues available for contesting or addressing the court’s decision in a broader legal context.
Navigating Portuguese divorce records necessitates familiarity with these crucial terms and their English equivalents. Each term reveals different aspects of the legal proceedings and personal stories embedded within the documents, offering researchers rich insights into family histories and the evolution of social norms regarding marriage and divorce in Portugal. By understanding these terms, genealogists can piece together historical narratives, understand familial relationships, and contextualize personal and legal developments over time.
