Documentation, legal process, costs and requirements for foreigners getting married 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: 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 involves two main paths:
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
Choose Type of Marriage
Decide between civil, civil religious, or religious marriage.
Choose Applicable Law
Opt between the law of the country of origin or Portuguese law.
Define Property Regime
Choose between community of acquests, separation, or general community.
Gather Documentation
Prepare all necessary documents with apostille and translation.
Preliminary Process
Start the process at the registry office with publication of banns.
Marriage Ceremony
Perform the ceremony in the presence of two witnesses.
Property Regimes in Portugal
Community of Acquests (legal default)
Assets acquired after marriage are jointly owned. Requires a public deed if you also wish to choose the applicable law.
Separation of Property
Each spouse keeps full ownership of their own assets. A prenuptial agreement (convenção antenupcial) is required.
General Community
All assets — present and future — are jointly owned. A prenuptial agreement is 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.
- Marriage fee: €120
- Document apostilling: €50–100
- Certified translations: €200–400
- Public deed (if necessary): €150–300
- Legal advice: €500–1,500