Portuguese divorce terminology can be complex for translators who are not familiar with the intricacies of legal language. With its roots in both Roman civil law and modern practices, understanding these terms is essential for accurate translations. This guide aims to elucidate key terms and phrases that are frequently encountered in Portuguese divorce proceedings, providing context and clarity for translators.
Divórcio (Divorce): This is the general term for the dissolution of marriage under Portuguese law. It can be achieved through mutual agreement, known as “divórcio por mútuo consentimento,” or through contentious litigation, “divórcio litigioso,” when there is no consensus on the terms of separation. The process encompasses numerous legal and financial details that require precise language handling.
Cônjuges (Spouses): This term refers to the individuals bound by marriage, whose legal rights and responsibilities are subject to change during divorce proceedings. Related terms include “marido” (husband) and “esposa” (wife), but “cônjuges” is often preferred for its neutrality in legal documents.
Partilha de bens (Division of Assets): Dividing marital property is a pivotal aspect of divorce. In Portugal, this involves understanding the matrimonial property regime under which the couple was married. Common regimes include “comunhão de adquiridos” (community of property acquired during marriage), “comunhão geral” (general community of property), and “separação de bens” (separation of property). Each affects asset division distinctly, requiring careful terminology selection.
Guarda dos filhos (Child Custody): Custody decisions are governed by what is in the “melhor interesse da criança” (best interest of the child). Portuguese courts may award “guarda conjunta” (joint custody) or “guarda exclusiva” (sole custody). Translators must convey subtle distinctions in custodial arrangements, including “responsabilidades parentais” (parental responsibilities).
Pensão de alimentos (Alimony/Child Support): This encompasses financial obligations from one spouse to another or to their children post-divorce. Translators should note the differing terms for spousal support (“pensão de alimentos ao cônjuge”) versus child support (“pensão de alimentos aos filhos”), ensuring clarity in legal documents.
Regime de visitas (Visitation Rights): This refers to the arrangement allowing a non-custodial parent time with their children. It can be “livre” (free), allowing parents to determine their schedule, or “regulamentado” (regulated), involving court-approved specific terms. Accurate translation is crucial to reflect judicially sanctioned schedules.
Mediação (Mediation): A form of alternative dispute resolution emphasized in Portuguese divorce law to resolve conflicts outside of court. Translators need to distinguish between “mediação familiar” (family mediation) focused on parental and child-related matters, and other contexts of mediation.
Processo judicial de divórcio (Judicial Divorce Proceedings): These are court-based processes that might involve several stages, such as “audiência preliminar” (preliminary hearing) and “sentença de divórcio” (divorce decree). Understanding legal procedural terms is essential for translators to ensure accurate representation of court orders and judicial actions.
Acordo de separação (Separation Agreement): An agreement reached by the parties that settles various matters, such as asset division and custody, before the official divorce is granted. Highly detailed, translations of these documents require meticulous attention to legal terminology.
Conciliação (Conciliation): Often encouraged in Portuguese divorce scenarios to help couples reach an agreement without further litigation. This is distinct from mediation and focuses on reaching a settlement to avoid prolonged courtroom battles.
Despacho de homologação (Approval Order): A judicial order that approves an agreement made between parties, formalizing it. This term’s accurate translation is crucial as it signifies the legal acceptance of a negotiated settlement.
Capacidade jurídica (Legal Capacity): This relates to the legal ability of an individual to engage in proceedings, manage affairs, and make decisions, critical for understanding eligibility and constraints during divorce cases.
Litigância de má fé (Bad Faith Litigation): Refers to when one party uses the legal process with malicious intent. Correctly translating this term can emphasize unethical actions within proceedings that might affect court judgments.
Custas judiciais (Court Costs): These are the expenses associated with taking a case through the court system, including fees and administrative charges. Understanding and translating these terms are significant for financial deliberations in divorce scenarios.
Reconciliação (Reconciliation): This term signifies any attempts or success in resolving conflicts and resuming the marriage before finalizing the divorce. Accurate depiction of these efforts is often required in divorce documentation.
Dissolução do casamento (Dissolution of Marriage): A formal term for ending a marriage through judicial or extrajudicial means, often used in official documents. Proper handling of this terminology is vital for maintaining the intended legal meaning.
Homologação de um acordo (Ratification of an Agreement): Signifies formal approval by a judge of an agreement reached between parties. This term is critical for understanding and translating legal validations in divorce.
Procuração (Power of Attorney): This document grants one person the authority to act on behalf of another in legal matters, often used within divorce proceedings when one party is unavailable.
Ordem de restrição (Restraining Order): In cases involving domestic disputes or violence, this term is significant. Translators must ensure precise translation to communicate the enforceability and conditions clearly.
Navigating the complexity of Portuguese divorce terminology demands a comprehensive understanding of legal concepts and cultural contexts. Translators must approach these terms with precision and sensitivity, ensuring that legal documents convey the intended meaning in every detail. By mastering these terms, translators will undoubtedly offer invaluable services in the intricate landscape of Portuguese family law.
