Did you obtain Portuguese nationality, but got married, divorced, and remarried abroad? This is an extremely common situation for expats and dual citizens worldwide, but it usually causes headaches when the time comes to update your civil status in Portugal.
Many citizens discover that their family history is incomplete in Portugal when they need to:
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Register their current marriage;
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Request a Citizen Card (Cartão de Cidadão) or passport with the correct marital status;
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Pass on Portuguese nationality to their current spouse.
To solve this obstacle, Portuguese law requires a specific judicial procedure: the foreign judgment review action (ação de revisão de sentença estrangeira). In this article, we will explain simply and practically how this process works, regardless of where you currently live.
The Practical Example: Michael’s Case
To better understand how this works in practice, let’s look at the case of Michael. He was born abroad, recently obtained Portuguese citizenship by descent, and currently lives in the United Kingdom. His matrimonial life followed this order:
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Married for the first time in the UK.
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Got divorced through a local English court.
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Years later, married his current wife.
Now, Michael’s current wife wants to apply for Portuguese nationality through marriage. Michael assumed he just needed to send his second marriage certificate to the Portuguese consulate in London.
The problem: Portugal does not allow you to “skip” life events. The Portuguese civil registry requires that vital events be recorded in the exact chronological order in which they occurred.
For Michael to be able to register his current wife, the mandatory path is:
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Register the 1st marriage in Portugal.
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Recognize the foreign divorce through a foreign judgment review action.
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Register the 2nd marriage (the current one).
Only after completing step 2 is Michael once again legally “free” before the Portuguese State to register his new marriage.
What is a Foreign Judgment Review Action?
Many clients ask: “But my divorce is completely final in my home country. Do I need to get divorced again in Portugal?”
No. Your foreign divorce is perfectly valid. However, decisions made by judges or authorities in other countries do not have automatic legal effect in Portugal.
The action for the review and confirmation of a foreign judgment is a judicial process that allows a Portuguese court to analyze a divorce decree issued abroad and formally declare: “This divorce complied with basic legal principles and is now recognized and valid in Portugal.”
Jurisdiction: Where does this process take place?
To demonstrate the seriousness of this procedure, it is important to know that this request is not handled at a Consulate or a Civil Registry Office. The exclusive jurisdiction to judge these actions belongs to the Court of Appeal (Tribunal da Relação) in Portugal. Because it is a high court procedure, representation by a lawyer registered in Portugal is legally mandatory.
Documents Required from Foreign Courts
The exact documents depend on the laws of the country where you got divorced (whether it was a judicial court, a notary, or an administrative body). Generally, to recognize your foreign divorce in Portugal, your Portuguese lawyer will need certified copies of:
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The Initial Petition or Complaint for Divorce;
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The Final Judgment of Divorce (or Final Decree);
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A document proving the judgment is final and no longer subject to appeal (res judicata).
Crucial detail: All foreign documents must be legalized. If the country where you divorced is a member of the Hague Convention, the documents must receive the Hague Apostille. If not, they must be legalized by the local Portuguese Consulate.
Ex-Spouses in Agreement vs. Litigation: Impact on Costs and Time
When it comes to timeframes and Portuguese court fees, the cooperation of your ex-spouse makes a massive difference, no matter where they live.
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Amicable Process (Mutual Agreement): If your ex-spouse agrees to sign a Power of Attorney (POA) for your lawyer in Portugal, the request is filed jointly. This is the ideal scenario: it is processed much faster and benefits from a reduced court fee (custas processuais), usually around €306.
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Litigious Process (Without the ex-spouse’s signature): If you no longer have contact with your ex-spouse, or if they refuse to sign, the process still moves forward. However, the Portuguese Court will have to formally serve (notify) them in their country of residence by international mail or diplomatic channels so they can defend themselves, should they choose to. This significantly increases the waiting time, the lawyer’s workload, and, if there is opposition, the overall court fees can double (reaching €612).
The Most Common Mistake: Trying to Start at the End
The biggest mistake dual citizens make when trying to regularize their civil status is focusing only on their current status. Do not spend money on translations or apostilles for your second marriage before resolving your past history.
The correct strategy requires a comprehensive prior analysis by a lawyer specializing in Portuguese nationality and civil registry. They will tell you exactly which documents to pull from your local authorities, avoiding unnecessary expenses.
Do you need to travel to Portugal? No. The entire foreign judgment review process can be handled directly by your lawyer in Portugal while you remain in your home country.
Updating your civil status in Portugal is like putting together a chronological puzzle. If you have been through multiple marriages and divorces abroad, the foreign judgment review action is the mandatory legal bridge to ensure your history is respected and correctly registered in Europe.
