Divorce proceedings are complex processes that require a thorough understanding of legal terms, especially in a cross-cultural context. For Portuguese speakers engaged in divorce proceedings in English-speaking countries, familiarizing oneself with relevant terminology is crucial. This glossary provides a comprehensive guide to essential divorce-related terms in both Portuguese and English.
1. Divorce (Divórcio)
In both English and Portuguese, the term refers to the legal dissolution of a marriage by a court or other competent authority. It’s fundamental to understand that “divórcio” encompasses both the process and the final decree.
2. Alimony (Pensão Alimentícia)
Refers to the financial support provided to a spouse or former spouse following a divorce. In Portuguese, “pensão alimentícia” helps ensure financial stability for the lower-earning partner.
3. Child Custody (Guarda dos Filhos)
Concerns the legal right to make decisions about the upbringing of a child, which may include physical custody (living arrangements) and legal custody (decision-making power). “Guarda dos filhos” is often a critical aspect of divorce proceedings in Portuguese-speaking communities.
4. Child Support (Pensão de Alimentos para Filhos)
A recurring financial payment by a non-custodial parent to contribute to the child’s living expenses. “Pensão de alimentos para filhos” ensures that children receive adequate financial resources, irrespective of the parents’ marital status.
5. Prenuptial Agreement (Acordo Pré-Nupcial)
This legal document outlines the division of assets should the marriage dissolve. Known as “acordo pré-nupcial” in Portuguese, these agreements are essential for asset protection in the event of a divorce.
6. Settlement Agreement (Acordo de Divórcio)
An agreement reached between divorcing parties regarding the terms of their separation, including asset division, alimony, and child custody. “Acordo de divórcio” often prevents lengthy court battles.
7. Mediation (Mediação)
A process where divorcing parties meet with a neutral third party to resolve issues. It’s referred to as “mediação,” offering a less adversarial approach to dispute resolution.
8. Equitable Distribution (Distribuição Equitativa)
Focuses on a fair division of property acquired during marriage. In Portuguese, “distribuição equitativa” does not always mean equal but rather what is just and fair considering various factors.
9. Marital Property (Bens Matrimoniais)
Assets and debts acquired during the marriage, excluding gifts and inheritances, which are divided upon divorce. “Bens matrimoniais” are central in negotiations.
10. Irreconcilable Differences (Diferenças Irreconciliáveis)
A common legal grounds for divorce, indicating that the marriage has broken down beyond repair. Portuguese speakers would refer to these as “diferenças irreconciliáveis.”
11. Legal Separation (Separação Judicial)
Involves a formal process where a married couple remains legally married but lives separately. “Separação judicial” can be a step towards divorce or an alternative.
12. Joint Custody (Custódia Compartilhada)
Both parents share legal and/or physical custody of the child. “Custódia compartilhada” allows both parties to actively participate in child-rearing.
13. Default Judgment (Julgamento à Revelia)
Occurs when one party fails to respond to divorce proceedings, resulting in a court ruling in favor of the other party. “Julgamento à revelia” is critical if one partner is unresponsive.
14. No-fault Divorce (Divórcio Sem Culpa)
Allows a divorce without either party having to prove wrongdoing by the other. “Divórcio sem culpa” simplifies the legal process.
15. Fault Divorce (Divórcio por Culpa)
Requires proof that one spouse’s misconduct led to the marriage’s end. In Portuguese, this is a “divórcio por culpa,” which involves more stringent legal proceedings.
16. Spousal Support (Suporte Conjugal)
Another term for alimony, emphasizing the support aspect. “Suporte conjugal” often includes various forms of financial, emotional, or even rehabilitative services.
17. Contested Divorce (Divórcio Contestado)
Occurs when couples are unable to reach an agreement, necessitating court intervention. “Divórcio contestado” typically involves judicial judgment on unresolved issues.
18. Uncontested Divorce (Divórcio Sem Contestação)
Both parties agree on all terms of the divorce without court intervention. Known as “divórcio sem contestação,” it is usually quicker and less expensive.
19. Petition for Dissolution (Petição de Dissolução)
The formal request submitted to court to initiate divorce proceedings. “Petição de dissolução” is essential for starting the legal process.
20. Temporary Orders (Ordens Temporárias)
Court-issued decisions effective during divorce proceedings ensuring stability. “Ordens temporárias” may address child custody or spousal support.
21. Modification (Modificação)
Refers to a legal change made to a divorce decree based on significant life changes. “Modificação” allows for adaptable legal solutions.
22. Counsel (Conselho Jurídico)
Legal advice provided by an attorney to a divorcing party. “Conselho jurídico” helps in understanding rights and responsibilities.
23. Discovery (Descoberta)
The pre-trial phase in a lawsuit where parties obtain evidence from each other. “Descoberta” is crucial for compiling necessary information.
24. Arbitration (Arbitragem)
An alternative dispute resolution where a neutral third party makes binding decisions. Known as “arbitragem,” it’s less formal than court trials.
25. Collaborative Divorce (Divórcio Colaborativo)
A method where spouses and their attorneys commit to resolving divorce issues without litigation. “Divórcio colaborativo” focuses on cooperation.
26. Retainer (Retenção de Honorários)
Refers to the initial fee paid to a lawyer to secure their services. “Retenção de honorários” ensures legal representation during divorce.
27. Domestic Violence (Violência Doméstica)
Refers to abusive behaviors used by one partner to control the other, impacting divorce proceedings significantly. “Violência doméstica” is a severe issue across all cultures.
28. Parental Rights (Direitos Parentais)
Legal rights and responsibilities concerning one’s child. “Direitos parentais” are crucial when negotiating child custody arrangements.
29. Non-marital Property (Propriedade Não Matrimonial)
Assets not subject to division in divorce due to pre-marriage acquisition or specific exclusions. “Propriedade não matrimonial” usually includes personal gifts and inheritances.
30. Guardian ad Litem (Tutor Ad Litem)
A court-appointed advocate representing the best interests of the child. “Tutor ad litem” plays a critical role in custody cases.
31. Emancipation (Emancipação)
A legal process granting a minor independence from parental control. “Emancipação” affects child support and custody arrangements.
32. Annulment (Anulação)
A legal procedure declaring a marriage void as if it never happened. In Portuguese, “anulação” is less common and often motivated by religious or cultural reasons.
Understanding these terms empowers individuals navigating divorce proceedings, ensuring clarity and proper legal representation throughout the process.
