FOREIGN SENTENCE REVIEW
Divorce in non-Community countries and regularization of the situation in Portugal.
For a divorce made abroad to be recognized and valid in Portugal it must be transcribed in the Portuguese civil registry.
The recognition of a foreign judgment is required in Portugal is a special judicial process provided for and regulated in the Code of Civil Procedure, pursuant to Article 979 et seq.
The process can be initiated by only one of the former spouses or both together.
The requirements for confirmation of judgment from a non-EU country are:
a) That there is no doubt about the authenticity of the document containing the judgment or the intelligence of the decision;
b) That is final in accordance with the law of the country in which it was given;
c) That it comes from a foreign court whose jurisdiction has not been caused in fraud to the law and does not concern the exclusive competence of the Portuguese courts;
d) That it cannot invoke the exception of lis pendens or res judicata on the basis that the case affects the Portuguese court, except if it was the foreign court that prevented the jurisdiction;
e) That the defendant has been regularly summoned for action under the law of the country of the court of origin, and that in the proceedings the principles of the adversarial and equality of the parties have been observed;
f) That does not contain a decision whose recognition leads to a result manifestly incompatible with the principles of international public order of the Portuguese State.
For the foreign divorce award recognition, the following documents will be required:
1. Marriage certificate or Public Deed of Divorce, if this has occurred at the registry, duly apostilated.
2. Certificate of the judgment, issued and certified by the court that issued it stating that it has become final.
2.1 If the judgment does not include a report reproducing the parties' position, the certificate must also contain a copy of the application and the defense (authenticated by the Court).
2.2 In the event that the suit was filed with a joint request, the certificate must contain the joint application if the judgment does not reproduce it (authenticated by the Court).
3. Forensic Power of Attorney (if the request is made jointly by both spouses to the same lawyer).
4. Simple copy of the client's ID or passport.
5. Full name and address of both parties.
6. Birth certificate of the Portuguese spouse.
Foreigners acquiring Portuguese nationality should be aware that previous marriages must also be registered, and the divorce duly recognized before the registration of the new marriage.