I want to get divorced, do I have to go to court?

"Family by Law" is a section of Caiado Guerreiro where the team leader of the Family and Succession Department, Stéfanie Luz, answers questions on the subject.
News 17/05/2024

No, when both spouses agree on the divorce, they can choose to carry out the procedure at the Civil Registry Office, which tends to be a quicker and cheaper option.
In order for divorce by mutual consent to be possible at the Civil Registry Office, it is necessary to agree on:

  • Divorce;
  • The destination of the family home;
  • The list of the couple’s joint assets and their respective value;
  • Whether they intend to waive maintenance from their ex-spouse or the amount they intend to pay;
  • The regulation of parental responsibilities for the children (if any);
  • Who will keep the pets (if any).

It is also possible to decide on the division of property on divorce, although this is not compulsory.

Talk to your lawyer with more questions about family and succession.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

Practice Areas

  • Family and Inheritance

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