Marriage Transcription in Portugal: Who Needs to Transcribe Their Marriage?

If you recently acquired Portuguese nationality and are married, or if you got married outside of Portugal and are now back in the country, it is important to know that the marriage's transcription is necessary to be legally recognized in Portuguese territory.

In both cases, the transcription of marriages performed abroad is essential for them to have legal validity in Portugal. This procedure is required by law and is fundamental to avoid future problems.

In this article, we will discuss marriage transcription in Portugal, who needs to transcribe their marriage, the requirements, the necessary documentation, and the potential consequences of not completing the transcription. Continue reading to clarify all your doubts!

1. Who Needs to Transcribe Their Marriage?

All Portuguese citizens who were married outside of Portugal must transcribe their marriage to ensure that its effects are legally recognized in the country. This includes couples where both spouses are Portuguese, and those where only one spouse holds Portuguese nationality.

Transcribing the marriage is crucial for securing legal rights and obligations, such as inheritance, division of property, and recognition by public and private institutions.

2. Requirements for Transcribing a Marriage

To have a marriage transcribed in Portugal, certain specific requirements must be met. Paying attention to these criteria is vital to avoid complications and ensure that the process is completed efficiently.

2.1. Validity of the Marriage

The marriage must be considered valid according to the laws of the country where it was performed. For example, marriages conducted in countries that allow polygamy may not be recognized in Portugal.

2.2. Legalization of Documents

Foreign documents must be legalized and, if necessary, translated into Portuguese. Legalization can be carried out via the Hague Apostille or through consular services.

3. Necessary Documents for Transcribing a Marriage

To transcribe a marriage performed abroad, certain documents must be gathered. The list may vary slightly depending on the registry office where the transcription will take place, but it generally includes:

• Marriage certificate: Original or certified copy of the foreign marriage certificate, duly legalized and translated, if necessary.

• Birth certificate of the foreign spouse: Duly legalized and translated, if necessary.

• Copies of the spouses' identification documents (Citizen Card, Identity Card, Passport).

• Prenuptial agreement: Legalized and translated, if necessary.

4. Future Problems Avoided by Transcribing the Marriage

Transcribing the marriage ensures that the civil status is updated in the Portuguese civil registry, which is crucial for various legal and civil aspects. Below, we detail the specific problems that can be avoided with proper marriage transcription:

4.1. Difficulties in Succession Processes

Without transcription, the marriage may not be legally recognized in Portugal, leading to complications in inheritance processes. Assets may not be distributed according to the spouses' wishes, causing disputes among heirs and potentially excluding the surviving spouse from their rights.

4.2. Problems in the Division of Property

If the marriage is not transcribed into the Portuguese civil system, the division of property in the event of a divorce can become complicated. The property regime chosen by the couple may not be recognized, making it difficult to achieve a fair division of assets acquired during the marriage.

4.3. Legal Impediments in Public Institutions

Failing to transcribe the marriage can lead to problems when dealing with government institutions. For instance, when applying for social benefits like pensions and subsidies, proof of updated civil status may be required.

4.4. Difficulty in Regularizing Foreign Children and Spouses

If your children and spouses are foreign, transcribing the marriage facilitates obtaining a residence permit from the Agency for Integration, Migration, and Asylum (AIMA).

4.5. Granting of Portuguese Nationality

Without this transcription, there may be difficulties in securing nationality rights for children, as well as for a foreign spouse to apply for nationality based on the marriage. The marriage must be duly transcribed in Portugal.

4.6. Problems in Travel and Immigration

A marriage not transcribed in the Portuguese civil system can complicate the legal situation of the spouses in travel and immigration processes. Proof of the marital relationship may be required for obtaining visas and residences, and the lack of official recognition can delay or impede these processes.

4.7. Difficulties in Buying and Selling Real Estate

When a couple wishes to purchase property in Portugal, the lack of marriage transcription can complicate closing the deal. This is because the documents required for the deed of sale or obtaining a bank loan need proof of updated civil status. Without the marriage transcription, a person is legally considered single in Portugal.

4.8. Legal Uncertainty

The absence of transcription can result in legal uncertainty, as the rights and duties of marriage are not fully recognized. This can lead to litigation and legal uncertainties in various daily situations.

Additionally, couples wishing to acquire real estate in Portugal may encounter difficulties in completing the transaction due to the lack of civil status updates, whether for preparing the deed of sale or obtaining a bank loan.

5. Conclusion

Transcribing a marriage performed abroad is an essential step to ensure that civil status is officially recognized in Portugal. By completing this transcription, you prevent a series of legal and administrative complications that may arise in the future, ensuring the protection of your rights and the legal security of your family.

Therefore, do not postpone this important task. A qualified lawyer can help facilitate the entire process and ensure that everything is done correctly.

Remember, transcription is not just a legal requirement but also a way to protect your rights and ensure that your union is recognized in Portugal.

The information provided is general and does not replace the consultation of a lawyer. Consult a lawyer and take a preventive approach to advocacy.