Request the divorce by mutual consent

It is possible to request a divorce by mutual consent (also known as amicable divorce) if both members of the couple agree on the essential matters.

The divorce by mutual consent may include, or not, the sharing of the couple’s assets. If there is no agreement between the members of the couple, it is necessary to resort to the court to obtain the divorce (also known as divorce without consent).

Learn where you can carry out the service and what are the advantages of each channel

Request online
  • You need: Citizen Card, with digital certificate of electronic signature activated, and card reader. If you have a lawyer's professional license, you will need to use your lawyer's digital certificate
  • See the associated costs in the 'What is the price' field
Request on the location
  • Before you go to a location, check the documents and requirements you need in the 'What documents and requirements' field
  • See the associated costs in the 'What is the price' field
  • Find out at the Citizen Map where you can initiate the process

Search for a point of service near you:

Who can Request the divorce by mutual consent?

  • On the location

    The divorce process may be initiated by:

    • the members of the couple, or
    • the legal representative(s) of the members of the couple.
  • Online

    The divorce process may be initiated by:

    • the members of the couple, provided that they hold a Citizen Card and have:
      • Portuguese nationality, or
      • Brazilian nationality with the equality of rights status
    • by the lawyer(s) who represent the members of the couple and who hold a digital certificate which proves that they are lawyers (only if the members of the couple have Portuguese nationality or Brazilian nationality with the equality of rights status).

Where can you Request the divorce by mutual consent?

What are the documents and requirements to Request the divorce by mutual consent?

  • A written request stating that you wish to get a divorce (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 divorce without sharing, or an agreement on the sharing of the assets, in the case of a divorce 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.

What is the Price to Request the divorce by mutual consent?

Divorce by mutual consent

The cost of process is €280.

Divorce by mutual consent with the sharing and registry of the couple’s assets

The cost of process is €625.

To these costs may be necessary to add:

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.

How can you Request the divorce by mutual consent?

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

  1. Beginning of the process:

The divorce 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).
  1. 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 divorce 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.

Entity responsible for this service

Related Life Events

Practical guides