Family and children.in Portugal

They are the set of powers and duties that parents have in order to promote the development of their minor children, including custody, education, health, legal representation and the administration of the children's property (art.º 1878.º do Código Civil). They are always exercised in the child's interest and, as a rule, by both parents.

It means that matters of particular importance in the child's life are decided jointly by both parents, regardless of whom the child lives with. It is the default regime after divorce or separation, except where the court finds that deciding jointly would harm the child.

It refers to where the child habitually lives after the parents separate. Residence may be with one of the parents or arranged on an alternating basis between the two, and it serves as a reference point for contact, schooling and the child's tax address.

In everyday language it refers to the arrangement in which both parents take a balanced part in the child's life. In strict legal terms, Portuguese law speaks of the joint exercise of parental responsibilities, which is the rule after separation. As for the time spent with each parent, there may be alternating residence or residence fixed with one of them, depending on what best serves the child in the particular case. The test is the best interests of the child, a principle explained in the answer on the best interests of the child.

It is the payment intended to ensure the support, housing, clothing, health and education of the person who needs it (art.º 2003.º do Código Civil).

It is the set of rules that determines who owns the couple's property and how it is divided in the event of divorce or death. In Portugal there are the community of after-acquired property (the default regime), the general community of property and the separation of property, and the future spouses may choose between them by prenuptial agreement.

It is the contract entered into before marriage in which the future spouses set out the property regime they wish to adopt. It allows them to depart from the default regime and to establish, for example, the separation of property. It must comply with formal requirements, failing which it produces no effect.

It is the home where the couple lived on a settled basis. It enjoys special legal protection. Its sale or letting requires the consent of both spouses, whatever the property regime (art.º 1682.º-A do Código Civil), and the law also safeguards what becomes of it on divorce and on death.

It is the legal bond that links a person to their parents, with effects on the surname, on maintenance and on inheritance. As to how it is established, which differs for the mother and for the father, see the answers on how maternity and paternity are established.

It is the regime for protecting minors whose parents have died, are unknown or have been deprived of the exercise of parental responsibilities. The guardian takes on the care of the person and the legal representation of the minor, under the supervision of the court.

It is a legal relationship, tending to be permanent, between a child and a person or family who takes on responsibility for them, established by court decision or by an approved undertaking (Lei n.º 103/2009). It sits between foster care and adoption, without severing the ties with the family of origin.

It is the guiding principle of every decision concerning children. It requires that the minor's stability, safety, well-being and emotional bonds prevail over the preferences or convenience of the adults. It is enshrined in the Convention on the Rights of the Child and in Portuguese law.

Yes. The fact that there are minor children does not prevent divorce by mutual consent at the Civil Registry. You need to submit an agreement on the exercise of parental responsibilities, setting out matters such as where the children will live, contact with each parent and maintenance. The registry office sends that agreement to the public prosecutor, who checks whether the children's interests are properly protected. If the prosecutor takes the view that the agreement should be changed, the parents are invited to redraft it. If they do not accept the proposed changes, the case is referred to the competent court. A clear, balanced agreement, prepared from the outset, reduces the risk of delays and of changes being required. A lawyer can help to draft it and to anticipate the questions that most often raise doubts.

You need the application signed by both spouses (or their representatives), an itemised list of the joint assets, the agreements on the family home and on maintenance for the spouse who needs it, and the agreement on what becomes of any pets (art.º 1775.º do Código Civil). You also enclose the certificate of the prenuptial agreement, where there was one. Where there are minor children, you also enclose the agreement on parental responsibilities, which the registry office will send to the public prosecutor for review.

It depends on the route. By mutual consent at the registry office it tends to be quick, resolved in one or two visits, plus the public prosecutor's review where there are minor children. Without agreement, the divorce runs in court and tends to take considerably longer, depending on the evidence and the court's schedule, although many cases end up being converted into mutual consent along the way.

Yes. You apply for divorce in court and show the irretrievable breakdown of the marriage, for example through one year of de facto separation. You do not need the other spouse's agreement, nor to prove fault.

No. The 2008 reform did away with "fault-based" divorce. Today it is enough to show that the couple's life together has irretrievably broken down.

Yes, and it happens often. There is a conciliation hearing and the judge seeks whatever agreement is possible. Many divorces that begin without consent are converted into mutual consent.

The family home has special protection. The court may grant a tenancy of it to one of the spouses, even if it belongs to the other, weighing the needs of each and (above all) the children's interests (art.º 1793.º do Código Civil).

The divorce, on its own, does not change the loan agreement. As far as the bank is concerned, both borrowers who signed the loan remain liable for repayment, even if the division of property gives the home to only one of them. To release one of the borrowers, the bank's agreement is needed, and the bank assesses the capacity of the one who stays on and may refuse. Alternatively, the agreement is renegotiated, the loan is transferred or the property is sold.

It depends on the matrimonial property regime. Where there is agreement, the division is made by agreement; where there is not, the property is divided through inventory proceedings (inventário). Neither spouse may, on the division, receive more than they would receive under the community of after-acquired property regime.

You may be, if you need it. After divorce each spouse must, in principle, support themselves. The payment is set according to the needs of the person who asks for it and the means of the person who provides it, and it can be reviewed.

It depends on the purpose of the debt. As a rule, both spouses are liable for debts incurred by either of them for the ordinary expenses of family life or for the couple's common benefit (art.º 1691.º do Código Civil). Debts that one spouse incurs alone, outside those cases and without the other's consent, are as a rule that spouse's alone, as are those arising from crimes attributable to them.

There is no regime that is better in the abstract; the choice depends on each couple. Under the community of after-acquired property, which is the default regime (art.º 1717.º do Código Civil), earnings from work and assets acquired for value during the marriage become common, while those already owned or received by inheritance or gift remain each spouse's own. Under separation, each spouse keeps and freely disposes of their entire estate. Those who carry on a risky activity or already bring significant assets tend to consider separation.

As a rule, no. The principle of immutability applies, so that, apart from the cases provided for by law, prenuptial agreements and property regimes cannot be changed after the marriage (art.º 1714.º do Código Civil). Among the exceptions allowed are judicial separation of property and separation of persons and property (art.º 1715.º).

Separation of persons and property does not dissolve the marriage, whereas divorce dissolves it and allows one to remarry. On separation the duties of cohabitation and assistance come to an end, but the bond remains, without prejudice to the right to maintenance. As for property, the effects are the same as if the marriage had been dissolved (art.º 1795.º-A do Código Civil). As a rule, one year later the separation can be converted into divorce by the unilateral decision of one of the spouses.

Only in limited situations. Annulling is not the same as divorcing. Divorce ends a marriage that was valid, whereas annulment is for a marriage that came into being with a defect and should never have been valid. The law allows it only in a handful of cases (art.º 1631.º do Código Civil). One is a serious impediment that was not removed, such as one of the spouses already being married. Another is consent that was coerced or obtained by deception, such as someone who married under threat. Another still is the absence of the required witnesses. These grounds have short time limits and the marriage may become validated if nothing is done in time. Outside these cases, divorcing tends to be the simpler path.

The marriage of a Portuguese national celebrated abroad is subject to mandatory registration and only takes full effect in Portugal once it has been transcribed here (art.ºs 1.º/1, al. d) e 6.º do Código do Registo Civil). The request can be made at any time, at a Civil Registry office or through the consulate when the person concerned is abroad, and the entry is drawn up at the Central Registry in Lisbon. You will usually need the marriage certificate, legalised or apostilled and translated where the law requires.

In practice they are the same professional. "Divorce lawyer" is simply the everyday way of searching for a family lawyer, the professional who deals with the divorce and with what usually comes with it: the arrangements for parental responsibilities, maintenance, the family home and the division of property. At NAA, the lawyer who handles the divorce also deals with these matters.

It depends on the type. In divorce by mutual consent, handled at the Civil Registry where there is agreement, instructing a lawyer is not mandatory. In divorce without the other spouse's consent, which runs in court, instructing a lawyer is mandatory, and anyone without the financial means may apply for legal aid (apoio judiciário). The types of divorce are set out in art.º 1773.º do Código Civil.

It depends on how the divorce is carried out. Where both spouses agree, the divorce by mutual consent is handled at the Civil Registry and the process costs 280 euros. If, in addition to the divorce, the couple's property is divided in the same procedure, the cost is 625 euros. Anyone who shows insufficient means may be exempted from these costs. Where there is no agreement, the case goes to court. In that case a court fee is payable, the amount of which varies according to the case. Instructing a lawyer is also mandatory. Anyone without the financial means may apply for legal aid (apoio judiciário). On top of these charges come the lawyer's fees, which vary according to the complexity of the case, whether or not the parties agree and the steps required. At NAA, the first consultation in the family law area costs 90 euros (VAT included).

The perspective changed. It is no longer seen as a power of parents over their children, but as a set of duties to be exercised in the child's interest and (as a rule) shared by both parents.

They are the fundamental decisions in the child's life: significant health matters, choice of school, religion, moving to live in another country. As a rule they are decided jointly by both parents. Everyday acts fall to whoever is with the child at the time.

It is the arrangement in which the child takes turns living with each parent. It may be put in place where it serves the child's interests. It is neither automatic nor ruled out from the start.

They are not the same thing, although they are often confused. Shared custody, in everyday language, has to do with who decides the important questions in the child's life. Alternating residence has to do with where the child lives, coming to live for set periods with each parent. They are separate matters, so there can be decisions shared by both parents without the child living alternately with each.

The child does not decide alone, but is heard. Depending on age and maturity, the child's opinion is taken into account in the decision, although it is not binding (Supreme Court (STJ) ruling on hearing the child ↗).

By the balance between the child's needs (age, health, schooling, standard of living) and the means of the person who pays (art.º 2004.º do Código Civil). There is no fixed table in euros. The amount results from these two factors.

No. In Portugal there is no legal minimum amount and no maintenance table. The amount is set case by case, having regard to the child's needs and the paying parent's financial capacity (art.º 2004.º do Código Civil), so the figures vary from case to case. Do not confuse this with the ceiling of 1 IAS (the social-support index) under the state fund that guarantees maintenance owed to minors (Fundo de Garantia de Alimentos Devidos a Menores ↗), which is a different matter. For what that Fund is and how it works, see the specific answer on the Maintenance Guarantee Fund for Minors.

Even under shared custody or alternating residence there may be maintenance payable by one parent, especially where there is a disparity of incomes. Maintenance is measured by the child's needs and each parent's means (art.º 2004.º do Código Civil), so sharing the time does not, in itself, remove the obligation. Where the periods are balanced and the incomes similar, as a rule each parent bears the day-to-day expenses during their own period.

Not automatically. Maintenance set during minority continues, as a rule, until the child turns 25, unless their education is completed earlier, has been freely interrupted or it ceases to be reasonable to require payment (art.º 1905.º, n.º 2 do Código Civil). Where no maintenance was set during minority, the adult child may still claim maintenance under art.º 1880.º.

As a rule they are dealt with separately. Health costs not covered by the State, school supplies and activities are usually shared between the parents, in the proportion agreed or set.

Not on your own decision. Until the parents agree or the court makes a new decision, the obligation remains, and suspending payments exposes you to non-compliance. If the child becomes self-sufficient, that may justify ending the maintenance. Unemployment, as a rule, allows you to ask for the amount to be reduced on the ground of a change of circumstances, not automatic termination (art.º 2012.º do Código Civil). The change may be requested by either parent where the child's needs or the paying parent's means change significantly, and as a rule it takes effect only from the date of the request. That is why it is advisable to react early. It is also advisable for the arrangement to provide from the outset for an automatic updating of the amount, for example indexed to inflation, which as a rule avoids a fresh action for the annual increases.

Where there is alternating residence with joint exercise of parental responsibilities, the child may belong to the household of both parents, and the tax deductions are shared between them. The split follows the percentage that the parents report to the tax authority (Autoridade Tributária), on the tax office's online portal (Portal das Finanças), by 15 February of the following year. If no such report is made or the percentages do not add up to 100%, the deductions are divided equally (art.º 78.º do Código do IRS). As this matter is subject to yearly changes, confirm the details with the Autoridade Tributária.

Not on your own initiative. Contact is a right of the child and not a favour from the other parent. As a rule, only the court can limit or suspend contact, and it does so only where the child's interest requires it.

Yes. The law prevents parents from unjustifiably depriving their children of contact with their grandparents (art.º 1887.º-A do Código Civil). Where there is a refusal, the grandparents can ask the court to regulate contact (Supreme Court (STJ) ruling on contact with grandparents ↗), and the court decides according to the child's interest. Contact is usually recognised, except where it would harm the child.

As a rule, yes. A temporary tourist trip, during the period when the child is with that parent, tends to be treated as an everyday act that is theirs to decide (art.º 1906.º, n.º 3, do Código Civil), so it does not, in itself, require the other parent's agreement. Separate from this is the border formality. When the minor leaves the Schengen area without being accompanied by someone who exercises parental responsibilities, written authorisation is needed, with a certified signature. Within Schengen, where there are no border controls, it is not required. It is a different matter to move the child's residence to another country, which requires the agreement of both parents or a court decision.

Without your agreement, the other parent cannot, as a rule, move to another country with the child. A holiday is one thing; moving the child's residence abroad is another, and it is a matter of particular importance that the law requires to be decided jointly. Failing agreement, it is for the court to decide according to the child's interest (art.º 1906.º do Código Civil). Taking or keeping the minor without authorisation may amount to the crime of child abduction and triggers the 1980 Hague Convention, whose return procedure is urgent.

You can bring enforcement proceedings, with deductions from the debtor's salary, rents or social benefits. Prolonged non-payment may also be a crime. The answer to the question "Is failing to pay child maintenance a crime?" explains when that is the case. If collection fails, the Fundo de Garantia de Alimentos Devidos a Menores can be called upon.

It is a mechanism (Lei n.º 75/98) through which the State steps into the place of the defaulting parent and secures the payment to the minor, where it has not been possible to obtain payment by other means. The payments are set by the court and depend on the household lacking sufficient means.

It can be. Someone who is in a position to pay and does not meet the obligation within the two months following its due date may commit the crime of breach of the maintenance obligation (art.º 250.º, n.º 1, do Código Penal). Repeated conduct and situations that put the recipient's basic needs at risk are punished more severely (n.ºs 2 e 3). The proceedings depend on a complaint being filed (n.º 5), so it is advisable not to let time pass without reacting.

The right to maintenance itself is not subject to a limitation period as long as its conditions persist. What becomes time-barred are the instalments already due and unpaid, after five years, because they are periodically renewable payments (art.º 310.º, alínea f, do Código Civil). It is advisable to claim the arrears in good time, so as not to lose what is owed.

You can bring enforcement proceedings for non-compliance. The court can order the handover, impose a fine and award compensation in your favour and (in persistent cases) consider varying the arrangements.

The term "parental alienation" describes the conduct of someone who seeks to turn the child away from the other parent, but in Portugal it is not a stand-alone criminal offence by that name, nor a legal category in itself. That does not make it any less serious. Contact is, as a rule, a right of the minor, and the parent with whom the child is must promote the handover. It is important to establish the cause of the refusal, because it is one thing for the minor to be influenced and another to refuse freely and on reasoned grounds. What you risk by simply respecting the child's wishes and not handing them over is that this conduct tends to be read as non-compliance with the arrangement in force. If it is repeated and unjustified, it can give rise to non-compliance proceedings, in which the court can order the handover, impose a fine and award compensation (art.º 41.º do Regime Geral do Processo Tutelar Cível, o RGPTC). In persistent cases it may also weigh in a variation of the arrangements. That is why it is advisable, as a rule, to document each refusal and to keep promoting contact.

Yes, where what was established no longer serves the child's interest or is not being complied with. What you cannot do is change it on your own. Without agreement, the variation is sought from the court, as a rule in the very proceedings in which the arrangements were made (art.º 42.º do RGPTC). Where both parents agree, the variation can go through the Civil Registry, with review by the public prosecutor (Decreto-Lei n.º 272/2001).

It is the General Regime for Civil Proceedings concerning Children (Regime Geral do Processo Tutelar Cível) (Lei n.º 141/2015), the statute that governs proceedings concerning children: the setting and variation of parental responsibilities, non-compliance, maintenance, guardianship and other measures.

The public prosecutor's office represents the child's interests. It can bring and take part in proceedings, it oversees the agreements that concern the child and (in divorces by mutual consent involving minor children) reviews the agreement on parental responsibilities.

In proceedings concerning children, instructing a lawyer is, as a rule, mandatory only at the appeal stage, but legal support from the outset helps to avoid mistakes whose effects can last for years. If you are on a low income, you can apply for legal aid in Portugal (apoio judiciário).

As a rule you cannot dictate the pace to the court, and the time the justice system takes does not depend on the lawyer. In civil proceedings there is no application to expedite as there is in criminal proceedings. What avoids unnecessary delays is the case arriving well prepared. In family proceedings, however, there is an important safety valve. Where a child is involved, the court can set an interim arrangement that immediately resolves custody, contact and maintenance while the final proceedings run their course (art.º 28.º do Regime Geral do Processo Tutelar Cível). It does not speed up the final decision, but it protects the child in the meantime.

You can, but it rarely helps and it can prove costly. As this device is not provided for in the law of civil procedure, an application merely asking for speed risks being treated as manifestly unfounded and giving rise to an exceptional penalty fee (art.º 531.º do Código de Processo Civil). In family matters, the useful path is a different one. You apply for the interim arrangement and invoke the urgent nature of the case where the child's situation requires it.

Yes. The right to a decision within a reasonable time is in the Constitution (art.º 20.º, n.º 4) and in the European Convention on Human Rights. An abnormal delay attributable to the justice system may give rise to a right to compensation from the State (Lei n.º 67/2007). It serves to compensate for the harm caused by the wait, not to shorten the proceedings. It is subject to a three-year limitation period.

It varies according to whether or not there is agreement and the complexity of the case. Where there is agreement at the parents' conference, it can be quick. Without agreement, the judge can immediately set an interim arrangement, which applies while the proceedings run (art.º 28.º do RGPTC). Evidence-gathering steps and reports follow, which lengthen the process.

When two people live in conditions similar to those of spouses for more than two years (Lei n.º 7/2001). It is from that point that the law recognises effects, unless one of the impediments in art.º 2.º applies, such as an undissolved marriage of one of the partners.

No. The family home is protected and there are tax and employment benefits, but there is no property regime and the partners have no right to inherit from each other; for that, a will is, as a rule, necessary. As regards the children, however, the law treats everything in the same way.

It is proved by any legally admissible means, except where the law requires specific documentary proof (art.º 2.º-A da Lei n.º 7/2001). As a rule it is done by a declaration from the parish council (junta de freguesia) of the area of residence, with a statement by both partners, on their honour, that they have lived in a união de facto for more than two years. Depending on the purpose, the documents required tend to vary.

Those who have lived in a união de facto for more than two years may, as a rule, opt for joint taxation for IRS, just like married couples (art.º 14.º do Código do IRS). The option is exercised by both partners in the return and applies only for that year. Whether or not it is worthwhile depends on each partner's income, so it is worth simulating both options.

Exactly as with married couples. The exercise of parental responsibilities, residence, contact and maintenance are all arranged. The fact that the parents were not married makes no difference to the child's rights.

As a rule there is no automatic inheritance, because the surviving partner is not a statutory heir and only inherits where there is a will. Even so, the partner has the right to live in the family home for five years, or for a period equal to the duration of the union where the union was longer (art.º 5.º da Lei n.º 7/2001). The partner can also claim maintenance from the estate. As for the survivor's pension, there tends to be a right to it if the union lasted more than two years, to be confirmed with Social Security.

It is dissolved by death, by the marriage of one of the partners or by the unilateral decision of one of them (art.º 8.º da Lei n.º 7/2001). A judicial declaration of dissolution by unilateral decision is only necessary where one wishes to assert rights that depend on it, such as protection of the family home (art.º 8.º, n.º 2 da Lei n.º 7/2001). On the property side, there is no property regime as in marriage, so, as a rule, each partner keeps what is theirs and the jointly owned assets are divided as co-ownership, in proportion to each share.

Maternity results from the fact of giving birth and appears on the birth record. Where the mother is not identified at the time of registration, there may be an official inquiry brought by the public prosecutor or an action to establish maternity.

By presumption, where the child is born or conceived during the marriage, the mother's husband being presumed to be the father (art.º 1826.º do Código Civil); by voluntary acknowledgement, through a declaration of paternity; or by court decision, in an action to establish paternity.

It is the rule under which the mother's husband is presumed to be the child's father, in respect of children born or conceived during the marriage. The presumption can be rebutted, in particular through an action to contest paternity.

It is the court action intended to establish the parental bond where there has been no voluntary acknowledgement. It allows the court, on evidence including DNA testing, to declare who the father is, with effects on the surname, on inheritance and on maintenance.

Yes, through an action to contest paternity, where it is shown that the registered father is not the biological father. The law lays down specific time limits and rules on who may bring this action.

It cannot be imposed by force, since the physical integrity and autonomy of the person are at stake. What the law provides for is rather a duty of the parties to cooperate in ascertaining the truth. In practice, DNA testing tends to be the decisive means of proof in most parentage actions, so a case rarely does without it. As for what happens if a test ordered by the court is refused, see the specific answer on the alleged father's refusal.

An unjustified refusal of the DNA test is freely assessed by the court and may be weighed against the person who refuses, for breaching the duty to cooperate in ascertaining the truth. Where the refusal culpably makes the evidence impossible, the burden of proof is reversed (art.º 344.º, n.º 2, do Código Civil), so that it falls to the person who refused to show that they are not the father (Supreme Court (STJ) ruling on refusal of a paternity test ↗). It does not automatically lead to a declaration of paternity, but as a rule it seriously harms that position.

It serves for information, but as a rule it does not replace the evidence in the proceedings, because the sample collection is not supervised and those involved are not formally identified. In a parentage action, blood tests and other scientifically proven methods are admitted (art.º 1801.º do Código Civil), with weight given to what is ordered within the proceedings themselves.

Two people who are married or in a união de facto for more than four years can adopt, provided both are over 25, and the adopter cannot, as a rule, be over 60 at the date the child is entrusted to them (the limit does not apply to the adoption of the spouse's child). From the age of 50, the age difference in relation to the child being adopted cannot, as a rule, be more than 50 years. A single person over 25 can also adopt. Adoption always aims at the child's interest.

Adoption gives the adopted person the status of the adopter's child and fully integrates them into the adopter's family, with the relationships with the biological family, as a rule, coming to an end. The adopted person acquires the adopter's surnames and the corresponding inheritance rights.

Adoption cannot be revoked, not even by agreement between adopter and adopted person (art.º 1989.º do Código Civil). The judgment may, nonetheless, be reviewed in exceptional cases exhaustively provided for by law.

Yes, as a rule it is possible to adopt the child of a spouse or of someone in a união de facto. Among other requirements, the adopter must be over 25 and the consent of the parent who is the spouse or partner is required (art.º 1979.º, n.º 2, do Código Civil). The bond with that parent is maintained and the process tends to be simpler than in an ordinary adoption.

It is the measure that entrusts a child at risk to a family or qualified person, on a temporary basis, until a return to the family of origin or another permanent solution is possible. It differs from adoption in that it does not create a parental bond.

Yes. The Constitution prohibits any discrimination on the basis of parentage. Children born outside marriage have exactly the same rights, including as regards maintenance, inheritance and parental responsibilities.

The name is made up of given names and the parents' surnames, within the legal limits as to number and composition. Where the parents disagree about the name, the question can be put to a decision, with the child's interest prevailing.

It is permitted, but only on an exceptional and unpaid basis, in cases of absence of a uterus, or injury or illness that absolutely prevents pregnancy (art.º 8.º, n.º 2, da Lei n.º 32/2006). It depends on prior authorisation from the National Council for Medically Assisted Procreation (Conselho Nacional de Procriação Medicamente Assistida) and on a written contract, with no payment to the surrogate. The child born is, as a rule, regarded as the child of the intended parents and not of the surrogate. The surrogate has, however, a right to change her mind up to the registration of the birth (Lei n.º 90/2021), in which case parentage is not established in favour of the intended parents.

When the child is exposed to situations that affect their safety, health, upbringing or development, such as neglect, ill-treatment, abandonment or a lack of adequate care. The Law on the Protection of Children and Young People at Risk (Lei de Proteção de Crianças e Jovens em Perigo) (Lei n.º 147/99) sets out the framework for intervention.

It is the child protection commission (Comissão de Proteção de Crianças e Jovens, CPCJ), which acts when a child is at risk, on a non-judicial basis and dependent on the parents' consent. Where that consent is lacking or the situation worsens, the case passes to the court.

Anyone can and should report it. It can be reported to the local CPCJ, to the public prosecutor or to the police. In situations of violence, there are dedicated helplines. A report made in good faith does not, as a rule, give rise to liability for the person who reports.

They range from support within the parents' home or that of another relative, through entrusting the child to a suitable person or an institution, up to residential care or entrusting the child with a view to future adoption. The measure chosen must be the least burdensome one that ensures the child's protection.

The CPCJ acts on a non-judicial basis and depends on the parents' consent. From the age of 12, the child or young person must also not object. Before that age, the child's objection is taken into account according to their capacity to understand the meaning of the intervention (art.º 10.º da Lei n.º 147/99). Where there is no consent, it is withdrawn or the situation worsens, the case is referred to the public prosecutor and goes to the court.

Where there is a present danger to the child's life or physical integrity and the holders of parental responsibilities object, an emergency measure can be taken, with intervention by the authorities and judicial confirmation within a short time.

You can, and as a rule it is advisable. The law recognises the parties' right to information and assistance, including a lawyer of their choice or a court-appointed lawyer (art.º 103.º da Lei n.º 147/99). Intervention by the CPCJ depends on the express, written consent of the person who has custody, as well as on the non-objection of a child or young person aged 12 or over. Attend, cooperate and make your position clear before signing any consent.

Yes, you can refuse. Intervention by the CPCJ depends on the express, written consent of the parents or of whoever has de facto custody. If that consent is not given or is withdrawn, the commission can no longer act and the case is referred to the public prosecutor, with the decision passing to the court (art.º 9.º e art.º 11.º da Lei n.º 147/99). The CPCJ does not remove children on its own; removing the child from the family is an exceptional measure that, as a rule, is for the court to decide. Only where there is a present or imminent danger to life or a serious threat to the child's integrity is an urgent procedure used. Even then, the interim decision is given by the court within 48 hours, on the application of the public prosecutor (art.º 91.º e art.º 92.º).

Yes. A child of sufficient age and maturity has the right to be heard and to express their opinion on the decisions that affect them, in conditions adapted to their situation, and that opinion is taken into account in the decision.

They can. In situations of risk, the child can be entrusted to a close relative, including grandparents. Grandparents also have, as a rule, a right to contact with their grandchildren, which can be regulated by the court where it is in the child's interest.

It is the crime under art.º 152.º do Código Penal, which punishes anyone who inflicts physical or psychological ill-treatment on a spouse or former spouse, on a person with whom they maintain or have maintained a dating relationship or a relationship similar to that of spouses, even without cohabitation, on a parent of a common child or on a particularly defenceless person who lives with them. It is a public crime, so the proceedings do not depend on a complaint by the victim.

Yes, it is a public crime (art.º 152.º do Código Penal). This means that the proceedings do not depend on a complaint. The public prosecutor investigates and prosecutes on its own initiative. For that reason, withdrawing the complaint does not stop the proceedings, whether it was filed by the victim or by a third party, such as a neighbour. Even so, the victim's testimony is usually important for the evidence.

They can obtain victim status, measures keeping the offender away and prohibiting contact, the possible use of remote-assistance devices and support from dedicated services. In parallel, the children's situation can be arranged urgently.

Victim status gives a person who has suffered a crime a set of rights in the proceedings: information on progress, support, legal advice and protective measures, such as avoiding contact with the accused (Lei n.º 130/2015). In domestic violence, it is granted right after the report, unless there are strong indications that the report is unfounded (Lei n.º 112/2009).

It is a measure that can be applied to protect the victim, requiring the offender to leave the home and not to approach it or the person concerned. It can be ordered within the criminal proceedings, monitored by technical means where necessary.

Yes. The existence of violence is weighed in setting residence and contact, and it may justify supervised contact or restrictions, always from the standpoint of protecting the child and the child's interest.

The lawyers at NAA support families in proceedings on parental arrangements, in protection proceedings and in related criminal cases, with experience in coordinating the civil and criminal sides. The support seeks to protect the child and the rights of the person concerned, with the discretion these cases require.

Both inherit. The surviving spouse and the children make up the first class of heirs and inherit together (art.º 2133.º, n.º 1, alínea a) do Código Civil). As a rule the estate is shared in equal parts, but the spouse's share is never less than a quarter. So, with four or more children, the spouse receives that minimum and the rest is divided among the children.

The reserved portion is the part of the estate that the law reserves for the forced heirs and that the deceased cannot dispose of. The forced heirs are the spouse and the descendants or (in their absence) the ascendants. The rest is the disposable portion, which the person can dispose of freely, during life or by will. The fraction varies according to who is entitled. Where there is a spouse and children, the reserved portion is two thirds (art.º 2159.º do Código Civil).

The surviving spouse's half of the couple's joint property already belongs to them in their own right; it is not inheritance. Only the deceased's other half, plus their own property, forms the estate to be divided. So, in a marriage under the community of after-acquired property, the spouse first receives that half (art.º 1730.º do Código Civil) and then also takes part as an heir.

A will is the revocable act by which a person disposes of their property, to take effect after their death (art.º 2179.º do Código Civil). It is not mandatory. Where there is a spouse, descendants or ascendants, one can freely dispose only of the disposable portion, without touching the reserved portion that the law reserves for them. It is especially useful for providing for someone who is not a forced heir, such as a friend, a partner in a união de facto or an institution. As for the position of the surviving partner, see the answer on inheritance and survivor's pension in a união de facto.

The division shares out the assets of the estate among the heirs. Where everyone agrees, it is done out of court. The form depends on the assets: for real estate, it requires a public deed or an authenticated private document (which have had the same value since Decreto-Lei n.º 116/2008) or a one-stop inheritance service (Balcão das Heranças). Where there is only money and other movable property, a private document is enough. Where there are heirs who are minors or lack capacity, the agreement may require authorisation, generally from the Public Prosecutor (Ministério Público). Where there is no agreement, or where an heir is absent, the estate must go through the formal inventory proceedings (inventário), which lists the assets and debts and determines the division, at a notarial office (Cartório Notarial) or in court (art.º 2102.º do Código Civil).

Yes, but only in the exhaustive cases provided for by law. Under art.º 2166.º do Código Civil, the deceased may, by will and with express indication of the cause, disinherit the forced heir, for example where the heir has been convicted of an intentional crime against the deceased's person, property or honour, or has refused them maintenance without just cause. It is not to be confused with unworthiness, which arises from the law and requires a court declaration.

Yes, you can disclaim it, because no one acquires an inheritance without accepting it (art.º 2050.º do Código Civil). The disclaimer covers the whole inheritance, and the person who disclaims is treated as not having been called to the succession, and so ceases to be liable for its debts. Alternatively, accepting under benefit of inventory limits liability for the debts to the assets listed. The disclaimer is, as a rule, irrevocable. Where the person disclaiming has descendants, they can take that person's place by right of representation (art.º 2039.º).

In Portugal there is no inheritance tax as such. Transfers on death are subject to Stamp Duty (Imposto do Selo) at 10% (item 1.2 of the General Table), but the spouse, the partner in a união de facto, the descendants and the ascendants are exempt (art.º 6.º, n.º 1, alínea e) do Código do Imposto do Selo). For a união de facto, the law requires living in conditions similar to those of spouses for more than two years (Lei n.º 7/2001), which may need to be proved. On how to prove it, see the specific answer on how a união de facto is proved. Stamp Duty of 0.8% on real estate applies, as a rule, to transfers for value and to gifts, and not to transfer on death. The estate must be reported to the Autoridade Tributária.

The surviving spouse has the right to be allotted, on the division, the right to live in the family home and to use its contents (art.º 2103.º-A do Código Civil). It is a right of habitation and use, and does not affect the right of ownership. The spouse is required to pay compensation if the value exceeds their share and their half of the couple's joint property. This right lapses, as a rule, if the spouse does not live in the home for more than one year.

There is no single price. Fees vary with the nature of the case, with whether it is by agreement or contested and with its complexity. At NAA, the first consultation costs 90 euros (VAT included). The estimate is tailored to the particular case. In addition to fees there are court costs, except where one benefits from legal aid. The legal criteria for setting fees are explained in the article on how much a lawyer costs in Portugal.

It is the scheme that ensures access to the law for those who lack the financial means to bear the costs of a case (Lei n.º 34/2004). The forms it can take are explained in the answer on who is entitled to legal aid and its brackets.

It is available to anyone in a situation of insufficient means, that is, anyone who cannot bear the costs of the case (art.º 8.º da Lei n.º 34/2004). It is Social Security that carries out this assessment, using a formula that weighs the household's income, assets and expenditure. You can estimate the result on the legal protection simulator ↗. The aid can take various forms, among others exemption from the court fee and other charges, payment in instalments or the appointment of a lawyer. On the choice between exemption and instalments, the Constitutional Court (Tribunal Constitucional) held, in the Acórdão do Tribunal Constitucional n.º 275/2026 ↗ and with generally binding force, that instalment payment alone cannot be granted where the instalment to be paid would leave the applicant below the guaranteed minimum monthly wage. In such cases there is a right to exemption, as required by access to justice (art.º 20.º da Constituição).

The application is submitted to the Social Security offices, on a dedicated form, with documents on income and the household. The decision depends on the assessment of insufficient means, according to criteria laid down by law.

Where it is granted in the form of the appointment of a lawyer, the lawyer is designated by the Portuguese Bar Association and is not chosen by the beneficiary. That lawyer's fees are borne as provided by law. If you prefer to instruct a lawyer of your own choice, the aid can cover the court costs, but not those private fees.

It is the lawyer that the Portuguese Bar Association appoints for a person who has legal aid and cannot pay for a lawyer (art.º 16.º da Lei n.º 34/2004). As a rule, the person does not choose the lawyer, as they are designated from the Bar's rota. The fees are borne by the legal aid system, not by the person. In criminal proceedings, this is known as a court-appointed defence lawyer.

It is a voluntary process in which an impartial mediator helps the parties to build, themselves, an agreement on the matters in dispute, such as the arrangements for parental responsibilities or the division of property. It does not replace a court decision, but it can avoid one.

It is not mandatory, but it is encouraged. Within the Regime Geral do Processo Tutelar Cível (Lei n.º 141/2015), the court can refer the parents to mediation or to a specialist technical hearing, seeking agreement before deciding.

It is a step conducted by specialists, provided for in the RGPTC, intended to assess the family's situation and to seek a consensual solution regarding the child. The specialists produce a report that supports the court's decision.

The parents can agree between themselves, but, where minors are involved, the agreement on parental responsibilities requires judicial approval or validation at the registry office in order to take full effect and be enforceable in the event of non-compliance.

The lawyers at NAA seek, wherever possible, the path of agreement, reserving litigation for when it is necessary to protect the child or the client's rights. Where the case requires it, they work with other professionals experienced in the family and minors field.

The "best family lawyer" does not exist as a title. The specialism, on the other hand, does. The Portuguese Bar Association recognises the title of specialist lawyer in Family and Minors Law, with demanding requirements as to years of registration and proven practice. In choosing, what matters is experience in these cases, the ability to build agreements when they serve the children and firmness in court when they do not. Trust also counts, because these are cases that touch the family's private life.