Legal support to protect your rights and those of your family
Family law matters involve decisions that can have a profound impact on personal, family and financial life. Situations such as divorce, the arrangement of parental responsibilities, maintenance, the division of assets or the recognition of foreign judgements require rigorous legal analysis and a strategy tailored to the specific circumstances of each case.
At First Legal, we provide legal support to individuals and families across a range of family law matters. Our family lawyers assist clients from the initial assessment of their situation through to its resolution. Wherever possible, we seek amicable solutions, but we also ensure representation in court when the defence of our clients’ rights and interests so requires.
What does family law cover?
Family law governs the legal relationships between family members and sets out the rules applicable to situations relating to marriage, divorce, civil partnerships, parental responsibilities, maintenance, the administration of family assets and other matters provided for under Portuguese law.
Throughout life, circumstances may arise that require decisions to be made which have a significant legal impact and important legal consequences. The end of a marriage, the need to regulate the exercise of parental responsibilities, a change in the financial circumstances of one of the parents, or the division of joint assets are just a few examples where legal advice can be crucial.
In Portugal, many family law issues can be resolved through dialogue and negotiation between the parties. Where there is a willingness to reach an understanding, it is often possible to find balanced solutions, reducing the time, costs and emotional strain associated with the conflict.
However, where it is not possible to reach an agreement, or where rights requiring judicial protection are at stake, it may be essential to take the matter to court.
Every situation is unique and has its own specific characteristics. The presence of minor children, assets of material or sentimental value, family businesses, property located in other countries, or decisions handed down by foreign courts can make the legal framework more complex, requiring a tailored analysis and a carefully defined strategy.
In what situations can we help?
Every family faces different challenges and, for this reason, every situation requires a personalised approach. We provide legal support across various areas of family law, supporting clients from the initial assessment of the case through to its conclusion.
Divorce
Divorce is not limited to the dissolution of marriage. It often involves issues relating to parental responsibilities, the division of assets, financial obligations and other aspects of family life, which frequently require a thorough legal analysis.
Find out more about Divorce in Portugal →
Child Custody and Parental Responsibilities
Where there are minor children, it is necessary to define key aspects such as the child’s place of residence, the arrangements for contact with both parents and the exercise of parental responsibilities, always with the child’s best interests as the primary consideration.
Find out more about Child Custody →
Child Maintenance
Maintenance payments must reflect the child’s needs and the financial means of each parent. Depending on the circumstances, it may be necessary to set, amend or enforce compliance with previously established maintenance payments.
Find out more about Child Maintenance →
Division of Assets
The division of assets following divorce or separation may involve property, bank accounts, investments, businesses and other joint assets. A careful legal analysis helps to safeguard the rights of each party and prevent future disputes.
Find out more about Division of Assets →
Civil Partnership
Although a civil partnership has various legal effects in Portugal, these are not identical to those of marriage. Issues relating to assets, housing, children or the dissolution of the partnership must be analysed in accordance with the applicable legislation.
Find out more about Civil Partnerships →
Recognition of Foreign Judgments
A divorce decree or other family law decision handed down by a foreign court may need to be recognised in Portugal in order to have legal effect.
Find out more about Recognition of Foreign Judgments →
Why is it important to seek legal advice in good time?
Many people only seek legal advice once they have already received a court summons or when the dispute has reached a stage where it is difficult to resolve. However, in family law, many of the decisions taken at an early stage can significantly influence the outcome of the proceedings and prevent future problems.
A timely legal assessment allows each party to understand their rights and obligations, evaluate the various solutions provided for by law, and define the most appropriate strategy before any commitments are made or agreements are reached.
Wherever there is a possibility of mutual understanding between the parties, a consensual solution may reduce the duration of the proceedings, the associated costs and the emotional impact on everyone involved, particularly where there are minor children.
Where it is not possible to reach an agreement between the parties, thorough legal preparation becomes essential to ensure an effective defence of the client’s rights and interests before the courts.
Every family situation has its own unique characteristics. The existence of joint assets, family businesses, assets located abroad and previous court rulings may require specific legal solutions. For this reason, each case must be analysed on an individual basis, taking into account its particular circumstances.
Frequently Asked Questions
Is it always necessary to go to court?
No. Many family law matters can be resolved by agreement between the parties. However, where it is not possible to reach an agreement between the parties, or where the law requires judicial intervention, it will be necessary to go to court.
What is the difference between divorce by mutual consent and contested divorce?
In a divorce by mutual consent, the spouses agree on the main issues relating to the divorce. In a contested divorce, these issues are decided by the court.
Is it possible to amend a decision on parental responsibilities or maintenance?
Yes. Where there are significant changes in family or financial circumstances, it may be possible to apply for an amendment to the previous decision, provided the relevant legal conditions are met.
How is child custody decided?
All decisions concerning minors are based primarily on the best interests of the child. The court examines each situation on a case-by-case basis, seeking to ensure the child’s stability, well-being and development.
Does divorce automatically entail the division of assets?
No. Although they are often linked, divorce and the division of assets are separate proceedings, so the division of assets may take place at a later date.
Does a foreign court decision have legal effect in Portugal?
It depends. In many cases, the foreign decision will need to be recognised in order for it to have legal effect in Portugal.
Can I proceed with the case if I live abroad?
Yes. We provide legal assistance to Portuguese citizens living abroad and to foreign nationals who require legal support in Portugal.
How long does a family law case take?
The duration of the proceedings depends on their nature, whether the parties have reached an agreement, the complexity of the case and the procedures of the competent court. Some cases can be resolved within a relatively short period, whilst others require more prolonged handling.
Our approach
Family law matters require a thorough analysis of the facts, the available documentation and the specific circumstances of each case. There are no one-size-fits-all solutions, which is why each case must be prepared on an individual basis and in accordance with the client’s objectives.
At First Legal, our legal support begins with a detailed analysis of the situation presented. This assessment enables us to identify the applicable legal framework, clarify the various legal options and define the strategy best suited to the circumstances of each case.
Whenever it is possible to reach an amicable settlement, we prioritise this approach, helping to reduce the duration of the proceedings, the associated costs and the emotional impact of the dispute. Where this is not possible, we represent the client before the Portuguese courts, overseeing every stage of the proceedings.
We maintain clear and transparent communication throughout the legal process, explaining each stage of the proceedings and providing the necessary support so that the client can make informed decisions based on accurate information.
Do you need support with family law?
If you require legal assistance with matters relating to divorce, parental responsibilities, maintenance, division of assets, civil partnerships or the recognition of foreign judgments, a family lawyer at First Legal can assess your situation.
Every case is unique. For this reason, we always begin by understanding the specific circumstances, explaining the options available under the law and defining the legal strategy best suited to the client’s objectives.
Please contact us to book a consultation and receive legal advice tailored to your case.