Divorce Lawyer

Catarina S. Gomes – Lawyer in Braga provides qualified legal support in the areas of divorce, regulation of parental responsibilities, attribution of the family home, child maintenance and division of marital assets.

Our services include:

• A joint or contested divorce;
• Annulment of marriage;
• Separation of people and assets;
• Division of property of divorced or separated spouses; persons and property;
• Change of marital and property regime;
• Preventive asset planning in the face of debts of either spouse;
• Setting of child maintenance and modification due to reduced paying capacity.;
• Childcare and visitation;
• Spousal maintenance order;
• Support throughout the child adoption process.;
• Civil partnership;
• Guardianship, curatorship, interdiction;
• Paternity and parentage investigation;
• Divorce between a Portuguese citizen and a foreigner;
• Regulation of parental responsibilities sole or shared custody.

Divorce Lawyers in Braga

We are aware of the very particular challenges facing family lawyers today, especially when it comes to defending the interests of children.

The process of regulating parental responsibilities cannot be viewed as a traditional one, where two conflicting parties confront each other, but rather from a collaborative perspective that takes into account the child's best interests. Indeed, this is the ultimate aim of the judicial decision, and it is the Family Lawyer's duty to ensure that this is effectively achieved.
For our part, we are fully aware of our responsibility in this matter.

Judicial separation or divorce can be:

• o Divorce by mutual consent, which can be requested if both parties agree on the end of the marriage, but not on the terms of the divorce;
• o Divorce without consent of one of the spouses, which can be requested in court when only one person wants to end the marriage.

We are in Braga to provide you with full legal support in divorce proceedings.

Divorce by mutual consent

It is possible to request a divorce by mutual consent if both members of the couple agree on the essential issues.

Divorce by mutual consent can be with or without the division of marital assets. If there is no agreement between the couple, it is necessary to go to court to obtain a divorce (known as an uncontested divorce).

 

Divorce Without Consent

Divorce without the consent of one of the spouses is requested in court by the person who wishes to divorce. For the divorce to be granted, the person requesting the divorce must present facts showing that the marriage has irretrievably broken down.

This process replaces the old contentious divorce. In the current process, the aim is to end the union that, at least for one of the individuals, no longer makes sense. Therefore, there is no judgement on the fault of the individuals getting divorced.

During an acrimonious divorce, the person initiating the divorce must state the reason for the divorce and provide proof that this situation exists.

Divorce with Alimony

Either member of the couple may be entitled to alimony. It is necessary to consider in each case whether it makes sense to set this alimony, taking into account the financial situation of the couple and of each of its members.

It is considered that each of the members of the couple must ensure their own subsistence after divorce. Therefore, if one person is responsible for paying spousal support to the other, they do not have the obligation to maintain the standard of living that the other person benefited from while married.

Amicable divorce with children

The care of the couple's minor children, child maintenance, and the method of payment must be decided by agreement between the couple and authorised by the court.

If they do not agree, the court must decide in accordance with the children's best interests, seeking to maintain the close relationship between the children and both members of the couple.

Separation of People and Assets

The separation of assets does not dissolve the marriage, it merely changes the marital property regime. This means that the individuals remain married but switch to the community property regime. Furthermore, it ends the duties of cohabitation and assistance, which means that individuals are no longer obligated to live together and contribute to the expenses of their shared life.

With the separation of persons and assets, people no longer have to lead a life together, even though they remain married. Despite this, neither member of the couple can marry another person and they continue to be bound by the duties of fidelity, cooperation, and respect.

The separation of people and assets can be done:

• For mutual consent:
  • with the division of the couple's assets
  • the undivided marital estate

• no agreement, no tribunal – it is called judicial separation of persons and property and has the same effects with regard to the couple's assets as the dissolution of the marriage would.

It is possible to request the separation of persons and assets by mutual consent at the civil registry office, if both members of the couple agree on the essential aspects of the separation.

Send your consultation request, with no obligation. Receive a response to your problem today. Exercise your right now with qualified help in Braga with legal assistance from Solicitor Catarina S. Gomes.

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