What is an Action for Review and Confirmation of a Foreign Divorce Judgment? 

It is an action that aims to make a divorce sentence or deed issued in a foreign country produce effects in Portugal. 

The Courts of Appeal in Portugal also confirm Divorce Deeds drawn up by Notaries/Registrations Offices abroad, as they are considered equivalent to Divorce Decisions by mutual consent issued by Portuguese Civil Registry Offices. 

In a divorce action that took place abroad, only after the Review and Confirmation of this sentence or divorce deed by the Court of Appeal in Portugal will the divorce issued abroad be valid in Portugal and then officially recorded in the Portuguese birth certificate. 

What requirements and assumptions do Portuguese law require for this foreign divorce decree/deed to be valid in Portugal?

For the Review and Confirmation of a Foreign Judgment, the Portuguese Code of Civil Procedure, in its Article 978, determines that: 

“Without prejudice to what is established in treaties, conventions, European Union regulations and special laws, no decision on private rights, issued by a foreign court, shall be effective in Portugal, regardless of the nationality of the parties, without being reviewed and confirmed.”

 According to Article 980 of the Code of Civil Procedure, for the sentence to be confirmed it is necessary: “

a) That there is no doubt about the authenticity of the document containing the judgment or about the intelligence of the decision.

 b) That it has become final and binding under the law of the country in which it was issued. 

c) That it comes from a foreign court whose jurisdiction has not been provoked by fraud of the law and does not deal with matters within the exclusive jurisdiction of the Portuguese courts. 

d) That the exception of lis pendens or res judicata cannot be invoked on the basis of a case assigned to a Portuguese court, except if it was the foreign court that prevented jurisdiction.

 e) That the defendant has been duly cited to the action, in accordance with the law of the country of the court of origin, and that the principles of adversarial proceedings and equality of the parties have been observed in the proceedings.

 f) That it does not contain a decision whose recognition leads to a result that is manifestly incompatible with the principles of international public order of the Portuguese State.” 

Therefore, if the foreign judgment/deed does not meet the requirements of Article 980 of the Code of Civil Procedure, it cannot produce its effects in Portugal. 

Do all divorce sentences issued in a foreign country require this review/confirmation action to produce their effects in Portugal? 

Not all sentences handed down in state or registration actions decreed in Cape Verde or in São Tomé and Príncipe, relating to Portuguese citizens or nationals of these states, are not subject to review and confirmation and are recorded directly in the respective Portuguese birth certificates. 

It is also no longer necessary to review and confirm decisions on matrimonial matters, parental responsibility and international child abduction from Courts of European Union countries (Regulation (EU) 2019/1111, of 25 June). 

What documents are required for this action? 

• Certificate of the divorce decree, issued by the court that issued it, or divorce deed issued at a notary’s office, stating that it has become final and binding, duly apostilled or authenticated at the competent Portuguese Consulate.

If the divorce decree or deed was not issued in a Portuguese-speaking country, the divorce decree or deed must be translated and this translation certified.

• Portuguese marriage certificate (the marriage must obviously be transcribed in Portuguese law, if it was granted abroad)  
• Forence power of attorney. 
• Full name and address of both parties and certified copies of identification documents of both parties 

In this action, both ex-spouses request the review/confirmation of the sentence (both assuming the position of claimants in the process) and the action is processed and concluded more quickly, or the opposing party (Respondent) has to be notified of the action by the Court and in this case the action is slower and more time-consuming.

If one of the former spouses is already deceased, the action is brought against the deceased’s heirs. 

Which Court is competent to file this Action? 

The Court of Justice of the judicial district in which the person against whom the judgment is to be enforced is domiciled is competent for the review and confirmation of the divorce judgment/deed (if one of them does not also request the review/confirmation of the judgment/deed). 

If domiciled abroad, the Court of Appeal of Lisbon (or both applicants domiciled abroad) has jurisdiction. 

Is it mandatory to hire a lawyer for this Action?

The appointment of a lawyer is mandatory by law, the action is submitted by the lawyer electronically (CITIUS Platform), without the need to go to Court at any stage of the process.

 ____________________________________________________________________ 

Each case is different and must be analyzed individually by a professional. This information is generic in nature. 

Contact the office to analyze your case.