This procedure is only possible through a lawyer properly subscribed in the lawyers’ order
Portuguese citizens who got married, divorced or died abroad must have transcribed these “actions” in their portuguese civil record.
However, foreign court decisions, or of competent official entities, such as a Notary, related to civil state or capacity of a portuguese citizen must be revised and confirmed by a portuguese court.
After the revision and confirmation of the sentence, the court notifies the Conservatória do Registo Civil to provide the divorce endorsement for the birth certificate of the couples’ children, and marriage certificate of the portuguese citizen(s).
There aren’t any other ways to register the divorce in portuguese territory without revising and confirming the decision.
In case you got married twice and divorced twice you must go through two foreign sentences acknowledgment procedures.
The processes happen individually, simply because the parties involved aren’t the same.
In the process of revising and confirming the divorce done abroad, the request may be done at the same time. And all parties involved may be represented by the same lawyer. That means that the procedure doesn’t involve a conflict of interest, being it only revises what has already been decided by the ex-spouses.
Besides, the fact that both parties agree means that there is no need to notify a defendant.
However, if one of the ex-spouses has died after the divorce, they must be represented by their legal heirs.
The procedure of registering acts of civil life in Portugal are mandatory.
However, endorsing the divorce may be necessary to obtain the portuguese nationality of one’s descendants.
According to brazilian Law, the sentence given by a foreign judge or court will only be effective in the country after its homologation by the Supreme Court of Justice (STJ.
It is a process that aims to check the validity of a foreign judicial act. Any É um processo que visa conferir eficácia a um ato judicial estrangeiro. Any decision, including non-judicial, made by a foreign authority will only come to effect in Brazil after its homologation by the Supreme Court of Justice (art. 4o da Resolução n. 09/STJ, may/04/2005).
The homologation process of a foreign sentence, as in any judicial process, must be made through a petition signed by a lawyer registered in Brazil’s Lawyers’ Order.
Until 2004, the process was of the Federal Supreme Court’s competence. After the n. 45/2004 amendment, the Superior Court of Justice is now the responsible organ for processing and judging the acts concerning the homologation of the foreign sentence, and concession of executing the letters of request.
Currently, it’s the STJ’s president role to homologate foreign sentences and give out letters of request. However, if there is an appeal, the process will be taken to court at the STJ’s special court and given to one of the ministers members of the organ (arts. 2nd; and 9th, §1st, of resolution n. 09/STJ, of may/04/2005).
The homologation procedure of the foreign sentence follows the resolution n. 09/STJ, of march 4th, 2005. Being so, the homologation must be requested necessarily by a lawyer through a petition addressed to the minister president of the STJ and registered in the Coordenadoria de Processos Originários.
No, because it is a process of the STJ’s competence. The only payment required refers to the process’ costs.
The average time of the homologation process varies, however, if it contains all the documents necessary and if there are no problems, it takes about two months to be concluded. The final purvey of the process will be a decision authorizing or not the homologation. If homologated, the lawyer must proceed to executing it, which, in this case, id determined by the Carta de Sentença. The requestant will be informed of the letter’s availability and the amount to be paid.
After the decision that homologates the foreign decision is transited and judged up until the point where there cannot be anymore appeals, it is up to the requestant to ask for, no matter what petion, the extraction of the “Carta de Sentença” (art. 12 of resolution n. 09/STJ, of may 4th, 2005). It is a document given by the Coordenadoria de Execução Judicial through payment of a due.