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15.1.            If the citizen, whose record is intended to be registered in the Portuguese Civil Register Office, had been married and have separated or got divorced, he shall, besides of the application for the transcription of the marriage, apply for the review and confirmation of the foreign judgement of divorce or separation. If he has got married for a second time, he will only be allowed to register it after the judgement of his divorce is reviewed and confirmed by a Portuguese Court[1].

15.2.            The review and confirmation of the foreign judgement of divorce or separation is a lawsuit that will be processed by a Tribunal da Relação[2], being compulsory to hire a lawyer to represent the applicant.

15.3.            The review and confirmation of the foreign judgement may be jointly filed by both ex-spouses or separately, being one spouse against the other. The big advantage of the joint filling is the time gained with the exemption of notification, since it usually takes at least 60 days plus the post office delivery time for the notification being executed. If the review is filled by only one of the ex-spouses, the other one shall be notified of the lawsuit.

15.4.            The divorce judgement given by the Courts of the former State of India, prior to 20th December 1961, are not subject to review and confirmation by a Portuguese Court.

15.5.            The divorce judgement given by the states of the European Union, after the Council Regulation (EC) 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses[3] came into force, are not subject to review and confirmation.

15.6.            The necessary documents to instruct the review and confirmation of the foreign judgement of divorce or judicial separation are:

15.6.1.      Certificate issued by the Court where the divorce has been processed containing the divorce complaint, defence and the judgment, authenticated by the issuing Court[4];

15.6.2.      Marriage Certificate of the terminated marriage[5].

15.7.        If the petition for review is not filled by both ex-spouses, it is, especially, important that address of the ex-spouse is correct[6].



[1]  The review and confirmation of the judgment is not compulsory if it was rendered by a Portuguese Court of the former State of India.

[2] Relation Court. Free translation.

[3] Revoked by Council Regulations (EC) 2201/2003 of 27th November

[4]  It does not need to be legalised or stamped with the Apostille of Hague

[5] Ibidem, previous note.

[6]  There are lawsuits that take years to end due to problems with the notification.