This regime applies to de facto separations, the dissolution of de facto unions, and to parents who were never married or in a de facto union.
2017/03/10
Law no. 5/2017, published in the Diário da República on 2 March 2017, allows parents to regulate parental responsibilities by mutual agreement directly at Civil Registry Offices (Conservatórias do Registo Civil). This amendment to the Civil Code and the Civil Registry Code creates a faster and more accessible procedure, which previously depended on slower court proceedings.
The regime applies whenever the parents wish, by mutual agreement, to regulate the exercise of parental responsibilities in relation to their minor children, or to amend an agreement that has already been approved.
How does the procedure work?
After submitting the application at any Civil Registry Office:
- The application must be signed by the parents or their representatives and accompanied by the proposed agreement on parental responsibilities and child maintenance.
- The registrar examines the agreement and may invite the parents to amend it if it does not adequately protect the children’s best interests, and may also order any necessary evidentiary steps.
- Once reviewed, the case is sent to the Public Prosecutor’s Office at the competent court of first instance for an opinion within 30 days.
- If the Public Prosecutor raises no objections, the file is returned to the civil registrar for homologation (formal approval).
- Homologation decisions issued by the registrar produce the same effects as court judgments on the same matters.
These measures entered into force on 1 April.
Rita Duarte | [email protected]