N03E - Marriage

Marriage is both a social and legal process. Getting married may change the partners’ legal and financial status, their rights to residency and nationality, their susceptibility to taxation, and the rights of their heirs. It also brings new legal responsibilities. It is therefore well worthwhile consulting the relevant consulates and taking professional legal and financial advice before deciding on the form of marriage to adopt. 

In Portugal marriage may still only be celebrated in a civil registry or a Catholic Church. Other churches are not yet licensed to perform marriages, though recent changes in the recognition of other religions may soon change this. People getting married in non-Catholics churches will therefore have to opt for a civil wedding followed by a religious ceremony. 

Who may marry? 
Portuguese law only permits someone to marry if they are over 16 years old and of sound mind. Minors under 18 years old require permission from their parents or guardian. This authorisation may be waived by the civil registry office, through a specific process.

Previous marriages must be legally dissolved or annulled. The law does not recognise marriage between close relatives. There are special rules concerning guardians and trustees. 

Responsibilities of the married couple 
In Portuguese law married partners have certain duties to each other: 

• Mutual respect, not to harm the other, physically or morally, nor their good name, dignity or honour. 

• Fidelity, prohibiting adultery. 

• Cohabitation, to live together under the same roof and to maintain a sexual relationship. 

• Co-operation, to provide mutual support and assistance and together to undertake the responsibilities of family life. 

• Support, the obligation to provide food, shelter and clothing and to contribute to the costs of family life within the capacity of each. 

Property ownership and management 
Portuguese law recognises three types of marriage relating to the ownership of property (regimes de bens): 

• Common property (regime em comum / comunhão geral), where all previously owned property as well as that acquired during the marriage become jointly owned. 

• Acquired property (regime de comunhão de adquiridos), where only property purchased during the marriage is jointly owned. Property previously owned or received as a gift or inherited during the marriage remains individually owned. 

• Separation of property (regime de separação de bens), where there is no jointly owned property. All previously owned property and any acquired during the marriage is registered in the name of the individual owner. 

Before marriage, the couple may choose which option to adopt by registering a pre-marriage agreement in the civil registry. If there is no such agreement the law assumes that the marriage is on the basis of “acquired property”. Normally, someone over 60 years old may only marry on the basis of “separation of property”. A parent may not marry on the basis of “common property” unless both parents of the child are marrying each other. 

Generally, the two partners administer jointly owned property, though one may consent to allow the other undertake this. Where there is separately owned property, the partner with rights of ownership has full powers of administration. There are exceptions for property used for work and earned income. 

Costs
The process and registration of a wedding cost 120 euros. This amount includes the pre-marriage process and the registration that is done when people get married.

The cost of the process and registration of the marriage will be 200 euros if you choose to get married on a Saturday, Sunday or holiday on a working day, outside the registry office, or at the registry office but outside opening hours. In these cases, they still have to guarantee transport or pay the clerk's travel costs.

If, by law, the marriage is considered urgent, only the cost of 120 euros is charged (for example, if one of them is at risk of imminent death).

If you want to make a prenuptial agreement, in addition to the wedding registration and process (for indicated above, you will also pay the following fees: 100 euros if you choose one of the regimes that the Civil Code provides, 160 euros if you choose an atypical property regime - that is, a regime that is not provided for in the Civil Code, in which the bride and groom set rules, within the limits of the law and 30 euros to register a prenuptial agreement or its amendment, when they have been made outside a civil registry office ( for example, made at a notary's office).

Procedures 
The process starts when the bride and groom declare that they want to get married in a civil registry office. In this statement, they must indicate: the modality of marriage (civil, catholic or civil under religious form), a regime of goods and the place, day and time of the wedding. Or, if you prefer, you can start the process online HERE if you have a CMD (Chave Móvel Digital).

If, after analysing the process, the registry concludes that there are no impediments, the marriage is authorised and the bride and groom have up to 6 months to get married. If the marriage is not authorised, the couple is notified in person or by registered letter (it is possible to appeal against the decision). Between the moment the application is submitted and the date of the wedding, reasons that may prevent the marriage can be presented at the civil registry office. These reasons can be put forward by anyone.

Request for a catholic marriage is made to the local parish. The civil marriage is carried out by the civil registry of the area where one of them resides for at least 30 days.

To prepare for the marriage the registry officer will require a recent copy of both birth certificates (notorised and translated into Portuguese, if the original certificate is written in a foreign language), identification (if they are foreigners, the residence permit, passport or equivalent document, which is waived if represented by a proxy, a certificate of matrimonial capacity (if the country of nationality of the foreign bride/groom issues this certificate) and the certificate of the deed of the prenuptial agreement, if it has not been made in a registry office of the civil registry. If it is stated that the agreement was made before a civil registry officer, it’s subject to confirmation.

Minors will require written consent from their parents or guardians. For non-Portuguese nationals their consulate will advise on the procedures for obtaining the necessary authenticated documentation in Portuguese. This can often be quite complicated. 

Following celebration of the marriage, the civil registry will issue a copy of the marriage certificate on request, for a nominal fee.