Request the separation of people and assets by mutual consent

You may initiate the process:

• online
• at a civil registry office
• at a Desk for Divorce with Sharing

If you wish, you may schedule a date to initiate the process online (you only need an email address).

• • A written request stating that you wish to be separated from people and assets (its not mandatory to bring this request as it may be carried out in the registry office).
  • A written agreement or the certificate of the court’s judgement on the parental responsibilities, if there are minor children.
  • A written agreement on the payment of a food allowance of a member of the couple to the other, if the couple agrees on such a payment.
  • A written agreement which establishes the fate of the residence (family residence), if applicable.
  • A written agreement on the fate of the pets, if applicable.
  • The relationship of the common assets with the indication of their values, in the case of a separation without sharing, or an agreement on the sharing of the assets, in the case of a separation with sharing.
  • The pre-nuptial agreement certificate, if the pre-nuptial agreement was carried out in a registry office and the property scheme chosen is not part of the marriage registry.

• Before preparing these documents, consult this page to learn more about the requirements to be complied with.

• If you initiate the process online, you will need the following access data

  If you hold a Citizen Card

  You will need to sign up. Therefore, you will need:

  • the Citizen Card, with the activated digital signature certificate
  • a card reader.

  If you hold a lawyer’s professional license

  You will need to use your lawyer’s digital certificate.

Separation of people and assets by mutual consent

The cost of process is €280.

Separation of people and assets by mutual consent with the sharing and registry of the couple’s property

The cost of process is €625.

To these costs may be necessary to add:

• other amounts which may vary according to the number of assets to be shared (article 18, no. 6.2.2 of the Fee Regulation of Registries and Notary).
• the taxes
• other costs which may exist if it is necessary, for instance, to consult the registries’ database.

Payment methods

• Multibanco.
• Cash.
• Certified or bank cheque to the order of IRN, in euros, from a bank represented in Portugal and withdrawn from an account domiciled in Portugal.
• Postal order to IRN.

The separation of people and assets by mutual consent may be requested at any time, provided that the members of the couple reached an agreement. The separation may include, or not, the sharing of the couple’s property.

The separation does not dissolve the marriage, it only eliminates the duty of cohabitation (of living together) and the duty of assistance (duty of contributing for the family life’s expenses).

1. Beginning of the process:

The separation process may be initiated at:

• the civil registry office chosen by the couple to carry out the process
• online (in such case, the couple must indicate the registry office where they want the process to be carried out).

2. Scheduling of a meeting with the couple

After the process is initiated, the registry office analyses the documents and, if everything is in place, a separation meeting with the members of the couple (or with their representative(s)) is scheduled. The scheduling of this meeting depends on:

• the availability of the registry office chosen
• the favourable opinion of the Public Prosecution, if there are minor children or if the couple add, to the divorce procedure, an agreement for the regulation of the parental responsibilities.