Law No. 3/2023, of 16 January, responds to the rise in domestic violence cases and to procedural shortcomings that needed to be addressed. It takes into account the suffering of victims and the specific distress caused by confronting an abusive spouse during a non‑consensual divorce. This article explains what the law introduces and how it more assertively protects victims’ rights in a delicate and exhausting situation.
What is considered domestic violence?
According to APAV (Victim Support Association), domestic violence covers behaviours used within a relationship by one party mainly to control the other. It can affect anyone, regardless of gender, age, religion, or social status. Since 2007, domestic violence has been legally recognised as a crime in Portugal.
What does Law No. 3/2023 provide?
Law No. 3/2023 allows the waiver of the attempted conciliation in non‑consensual divorce proceedings when:
- One spouse is a defendant in criminal proceedings for domestic violence; or
- One spouse has been convicted of a crime of domestic violence against the spouse seeking the divorce.
Previously, spouses had to appear before a judge to discuss the marriage and reasons for separation, with a view to reaching an agreement and avoiding a trial. Now, victims may skip this stage, freeing them from the pressure of facing their abuser and avoiding the reactivation of typical “tension” or “honeymoon” cycles, which are psychologically harmful.
What is a non‑consensual divorce?
Unlike divorce by mutual consent (filed jointly), a non‑consensual divorce is brought by one spouse in court against the other on specific grounds, such as:
- De facto separation for one consecutive year
- Serious impairment of mental faculties
- Absence without news for more than one year
- Other facts demonstrating the definitive breakdown of the marriage.
Conclusion
It took 57 years to achieve this legislative development. Law No. 3/2023 is a significant step forward in a society where many people experience domestic violence, ensuring stronger protection and care. It reflects the legislator’s intention to place the safety and rights of victims above traditional procedural formalities.
If you are a victim of domestic violence and wish to start a divorce in light of Law No. 3/2023, please contact us for more information.
Teresa Martins Lança | [email protected]