Understanding Portuguese Divorce Jargon: Your English Translation Guide
When navigating the complex legal landscape of divorce in Portugal, understanding the terminology is crucial. This guide provides a comprehensive English translation of common legal jargon found in Portuguese divorce proceedings, making the process more approachable for English speakers.
Divórcio (Divorce)
The process of legally dissolving a marriage can be initiated by either party in Portugal. Divorce can be by mutual consent (divórcio por mútuo consentimento) or litigated (divórcio litigioso).
Cônjuges (Spouses)
The term cônjuges refers to the partners involved in the marriage. Understanding each party’s rights and responsibilities is essential.
Partilha de Bens (Asset Division)
The division of property, or partilha de bens, can be contentious. Portugal typically adheres to community property (regime de comunhão de adquiridos), but couples may choose separate property (regime de separação de bens) by prenuptial agreement.
Regime de Bens (Property Regime)
The regime de bens selected in the marriage contract determines how assets are divided. Understanding the differences between regimes is crucial for asset negotiation.
Responsabilidade Parental (Parental Responsibility)
Custody and parental responsibilities, known as responsabilidade parental, involve determining with whom children (filhos) will primarily reside and how decisions are made.
Pensão de Alimentos (Alimony/Child Support)
In Portugal, alimony is termed pensão de alimentos. This financial support is critical for the spouse or children post-divorce. Determinations are based on need and ability to pay.
Mediação Familiar (Family Mediation)
Mediação familiar is often encouraged to reach amicable solutions. Mediators (mediadores) facilitate discussions around contentious issues.
Conservatória do Registo Civil (Civil Registry Office)
The conservatória do registo civil where various divorce documents and proceedings are formalized. Correct document submission is vital here.
Tribunal de Família (Family Court)
The tribunal de família handles divorce and custody cases. Proceedings may move to court if mediation fails.
Acordo de Divórcio (Divorce Agreement)
A acordo de divórcio outlines terms agreed upon by both parties. This may include custody, division of assets, and financial responsibilities.
Separação de Facto (De Facto Separation)
A separação de facto refers to couples living apart without formally divorcing. This can affect asset division and custody.
Requerente e Requerido (Petitioner and Respondent)
The requerente is the spouse who initiates the divorce proceedings, while the requerido is the other party involved.
Ação Tutelar (Tutelar Action)
Refers to protective measures or custody arrangements in minor-related disputes (ação tutelar).
Inventário (Inventory)
An inventário involves listing all assets and liabilities for division purposes. Accuracy is critical to a fair settlement.
Audiência Preliminar (Preliminary Hearing)
The audiência preliminar serves to assess if issues can be settled out of court. It’s an essential first step in contested divorces.
Sentença de Divórcio (Divorce Decree)
A sentença de divórcio is the final legal decree that officially ends the marriage.
Cônjuge Necessitado (Needy Spouse)
A spouse recognized as financially dependent, or cônjuge necessitado, is eligible for alimony considerations.
Reconciliação (Reconciliation)
Reconciliação efforts may be proposed. If successful, proceedings may be halted temporarily.
Redução de Pensão (Reduction of Alimony)
If circumstances change, a redução de pensão can be requested to adjust financial support commitments.
Guarda Alternada (Shared Custody)
Guarda alternada arrangements split physical custody between parents, promoting shared parenting responsibilities.
Caducidade (Expiry)
Legal actions must be taken within set time limits, known as caducidade, after which claims can fail.
Notificação Judicial (Judicial Notification)
Notificação judicial is delivering official notice for court appearances or document submissions.
Recurso (Appeal)
Recurso allows parties to challenge a decision in a higher court if they believe errors occurred.
Parecer Técnico (Technical Opinion)
Parecer técnico may involve expert evaluations on financial matters or parenting arrangements, influencing court rulings.
Impugnação (Impeachment/Challenge)
Challenges or objections to claims or evidence, known as impugnação, can occur during proceedings.
Testemunha (Witness)
A testemunha can provide valuable testimony to support claims in court.
Honorários (Fees)
Legal fees for attorneys (advogados), mediators, or court proceedings are referred to as honorários.
Conciliação (Conciliation)
Efforts at conciliação may be court-ordered or voluntarily pursued to resolve disputes amicably.
Prova Documental (Documentary Evidence)
Proper submission of prova documental bolsters claims and defenses in the legal process.
Direitos de Visitas (Visitation Rights)
Direitos de visitas allow non-custodial parents time with their children, balancing parental involvement.
Provisão (Provision)
Temporary arrangements (provisão) might be enacted until final decisions are made regarding custody or asset division.
Bens Comuns (Community Property)
Assets acquired during marriage are bens comuns, subject to equal division unless otherwise agreed.
Aviso Prévio (Notice)
Providing aviso prévio can prevent misunderstandings and ensure proper legal procedures are followed.
Alteração de Circunstâncias (Change in Circumstances)
Life changes may warrant revisiting agreements, under alteração de circunstâncias, to ensure fairness.
Filiação (Filiation)
Matters of filiação, or paternity, could arise, influencing parental responsibility and support obligations.
Revogação (Revocation)
Agreements or decisions can sometimes face revogação if justified by new evidence or errors.
Understanding these terms helps navigate the complexities of Portuguese divorce, ensuring informed decisions and a smoother legal process for English speakers.
