Marriage of foreigners in Portugal is a process that requires special attention to documentation and legal procedures. There are two main possibilities for getting married: at the consulate of the couple's country of origin or at a Portuguese civil registry office.

Marriage Options in Portugal

Marriage of foreigners in Portugal is a process that requires special attention to documentation and legal procedures. There are two main possibilities for getting married:

Comparison between marriage options

🏛️ Country of Origin Consulate

✅ Advantages:
  • Sometimes free (e.g., Brazilian Consulates)
  • Native language
  • Familiarity with procedures
❌ Disadvantages:
  • Difficulty getting appointments
  • Need for transcription (€120)
  • Double process

🏢 Portuguese Civil Registry Office

✅ Advantages:
  • Immediate recognition
  • Single process
  • Direct validity in Portugal
❌ Disadvantages:
  • Difficulty finding registry offices
  • More demanding documentation
  • AIMA consultation (delays)
  • €120 fee

Required Documentation

The first step is to gather the necessary documentation. Basic documents include:

📋 Mandatory Documents

  • Updated and legalized birth certificate - Issued within the last 6 months
  • Updated and legalized certificate of capacity to marry - Proves you can marry
  • Valid passport - With minimum 6 months validity
  • Proof of residence - In Portugal or country of origin
  • Declaration of marital status - If applicable
⚠️ Attention to Legalization

All foreign documents must be apostilled (Hague Convention) or legalized by the Portuguese consulate in the country of origin, in addition to being translated by a certified translator.

Step-by-Step Process

1
Choose Type of Marriage
Decide between civil, civil religious, or religious marriage.
2
Choose Applicable Law
Opt between the law of the country of origin or Portuguese law.
3
Define Property Regime
Choose between community of acquests, separation, or general community.
4
Gather Documentation
Prepare all necessary documents with apostille and translation.
5
Preliminary Process
Start the process at the registry office with publication of banns.
6
Marriage Ceremony
Perform the ceremony in the presence of two witnesses.

Property Regimes in Portugal

📊 Available Options

  • Community of Acquests (legal regime): Assets acquired after marriage are common. Requires public deed for choice of applicable law.
  • Separation of Property: Each spouse maintains ownership of their assets. Prenuptial agreement required.
  • General Community: All assets, present and future, are common. Prenuptial agreement required.
⚖️ Default Applicable Law

If no property regime or applicable law is chosen, the definition will occur according to Article 26, No. 1, al. a), of Regulation (EU) 2016/1103: "Of the first common habitual residence of the spouses after the celebration of marriage".

Special Situations

🏛️ AIMA Consultation (former SEF)

When one of the spouses is not in regular situation in Portugal, the registry office promotes consultation with AIMA. This process can cause significant delays in the procedure.

🕐 Waiting Times

  • Regular spouses: 2-4 weeks
  • With AIMA consultation: 2-6 months
  • Complex cases: Up to 12 months

👥 Representation by Attorney

The spouses can be represented by an attorney with special powers to initiate the preliminary process. This is useful when one of the spouses cannot appear personally.

✅ Advantage of Power of Attorney

Representation by attorney allows starting the process even when one of the spouses is abroad, streamlining the procedure.

Consequences of Marriage

🇵🇹 Path to Portuguese Nationality

Only after marriage does the period for acquiring Portuguese nationality through marriage begin to count. The foreign spouse can apply for nationality after 3 years of marriage, provided they meet the legal requirements.

📅 Requirements for Nationality by Marriage

  • 3 years of marriage with Portuguese citizen
  • Knowledge of Portuguese language (A2 level)
  • Connection to the national community
  • Clean criminal record
  • Not constitute a security threat

👨‍👩‍👧‍👦 Family Reunification

Marriage significantly facilitates family reunification, allowing the foreign spouse to obtain residence authorization in Portugal based on the matrimonial bond.

🔗 Reunification Benefits

  • Residence authorization for the spouse
  • Right to work in Portugal
  • Access to public services
  • Path to nationality

Costs Involved

💰 Costs to Consider

In addition to the €120 marriage fee, there are other costs such as apostilling, translations, public deeds and possible attorney fees.

💶 Cost Breakdown

  • Marriage fee: €120
  • Document apostilling: €50-100
  • Certified translations: €100-400
  • Public deed (if necessary): €80-300
  • Legal advice: €500-1500