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Se és português e te casaste no estrangeiro, talvez precises registar o teu casamento em Portugal. This procedure is known as marriage transcription (transcrição de casamento).
A marriage legally celebrated abroad is not automatically entered into the Portuguese Civil Registry. Without that registration, couples may face difficulties when dealing with property transactions, inheritance, immigration procedures or Portuguese citizenship applications.
The process is usually straightforward when the documents are complete, but previous marriages, foreign divorces and differences between civil records can make it more complicated.
What Is Marriage Transcription in Portugal?
Marriage transcription is the registration of a marriage celebrated abroad before foreign authorities in the Portuguese Civil Registry.
It allows the Portuguese civil registry to reflect the marital status of a Portuguese citizen who married in another country.
The procedure does not involve getting married again. Instead, the Portuguese authorities examine the foreign marriage certificate and the supporting documents before registering the marriage.
When the marriage is completed, it is part of the Portuguese civil registry records. It can be used in appropriate legal and administrative procedures.
When Is Marriage Transcription Required?
Portuguese citizens who marry abroad before foreign authorities generally need to have their marriage registered in Portugal.
This applies whether both spouses are Portuguese or one spouse holds another nationality.
For example, a Portuguese citizen who marries an American citizen in California may need to transcribe that marriage before the Portuguese spouse’s marital status can be updated in Portugal.
The same applies to Portuguese citizens living in the United Kingdom, Canada, Brazil or other countries.
If the marriage was celebrated before Portuguese consular authorities and was already registered in the Portuguese civil registry system, a separate transcription is generally unnecessary.
Why Is Marriage Transcription Important?
Some couples delay the transcription of the marriage because they do not need Portuguese documents right away.
However, an unregistered foreign marriage can give rise to administrative difficulties when the relationship has to be proven to the Portuguese authorities.
It could have implications for property transfers, inheritance, tax, immigration applications and claims to nationality.
Marriage Transcription and Inheritance Rights
Take for example a Portuguese citizen who got married abroad and died leaving property in Portugal.
If the marriage has not been registered in Portugal, the surviving Spouse may be required to provide further documentation before the relevant inheritance procedures can take place.
The absence of transcription does not preclude the surviving spouse from inheriting the rights. But gaining those rights might require more administrative or legal work.
These complications may be avoided by registering the marriage ahead of time.
Marriage Transcription and Property Ownership
Marriage transcription can also be relevant when buying or selling property in Portugal.
The regime of matrimonial property that applies may affect ownership, the management of assets and whether a spouse needs to consent to certain transactions.
In the case of married couples living abroad, the applicable property regime may be determined by Portuguese private international law and by the law applicable to the marriage.
The transcription allows the Portuguese civil registry to contain the necessary information about the marriage, but it does not by itself solve all the problems relating to property ownership.
Marriage Transcription and Portuguese Citizenship
Marriage transcription is particularly important when a foreign spouse wishes to apply for Portuguese citizenship through marriage.
Portuguese nationality procedures generally require the marriage to be reflected in the Portuguese civil registry.
For example, an American citizen married to a Portuguese national for several years may satisfy the duration requirement for citizenship but still need to arrange the transcription before submitting the nationality application.
The transcription itself does not grant citizenship. It establishes the marriage in the Portuguese civil registry so that the nationality procedure can be assessed.
You can read more about the eligibility rules in our guide to Portuguese citizenship by marriage.
Documents Required for Marriage Transcription in Portugal
The documents required depend on the nationality of the couple, where the marriage took place and whether either spouse has been married before.
In a typical case the Portuguese authorities may request:
- Marriage certificate (foreign)
- Birth certificate of foreign spouse (if applicable)
- ID details of the spouses
- Any prenuptial agreement, if any, certified copy
- Apostilles, legalizations or certified translations as necessary
Foreign documents may have to be legalized before being accepted in Portugal.
However, some public documents issued in the European Union are entitled to simplified rules. Certified translations may also be unnecessary in specific circumstances.
Always best to check with the registry office where the application is being made, before ordering new certificates.
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How to Transcribe a Foreign Marriage in Portugal
The application shall be submitted either at a Portuguese Civil Registry Office or at an appropriate Portuguese consulate abroad.
The general process is to obtain the foreign marriage certificate, any further civil records, prepare any necessary legalization or translations and submit the documents for examination.
The registry office then verifies the information and checks for any legal obstacles to transcription”.
Once the application is approved, the marriage is registered in the civil registry in Portugal.
The couples can then request a Portuguese marriage certificate as proof of registration.
What If One Spouse Was Previously Married and Divorced Abroad?
Previous marriages are one of the most common reasons why marriage transcription becomes more complicated.
Suppose a Portuguese citizen married abroad, obtained a divorce in that country and subsequently married another person.
Before the new marriage can be properly registered in Portugal, it may be necessary to ensure that the earlier marriage and divorce are reflected in the Portuguese civil registry.
In some cases, depending on the country where the divorce was pronounced, the foreign divorce decision must be recognized in Portugal.
For some non-EU divorce judgments this can mean a judicial procedure called revisão e confirmação de sentença estrangeira.
Decisions on divorce made in EU member states may be subject to different rules on recognition.
For couples previously married it is advisable to check the civil registry history before starting the transcription process. Otherwise, they may discover that additional procedures are necessary.
How Long Does Marriage Transcription Take in Portugal?
The term of marriage transcription depends on the registry office, completeness of the documents and complexity of the case.
Based on what we see at Portugal Residency Advisors, marriage transcription in Portugal usually takes more than 6 months. That said, this is an indicative timeframe, not an official processing deadline.
Cases can take considerably longer if there have been previous divorces overseas, paperwork is missing or civil records are inconsistent. Processing times vary between Portuguese Civil Registry Offices and consulates abroad.
If you need the transcription for the application for Portuguese citizenship, we advise you to start the process as soon as possible to avoid any unwanted delays.
How Much Does Marriage Transcription Cost?
The official fee for marriage transcription in Portugal is €120, payable to the Portuguese Civil Registry.
Additional costs may be incurred depending on the complexity of the case and the documents needed. It may involve foreign marriage certificates, apostilles, certified translations and professional help.
If one of the spouses was married before and divorced abroad, there may be more legal procedures to follow, especially if a foreign divorce sentence has to be acknowledged in Portugal. There are separate costs for these procedures.
Couples should budget for the official registration fee of €120, as well as any additional documentation or legal costs that might apply to their circumstances.
Is There a Deadline to Transcribe a Foreign Marriage?
In general, there is no specific deadline after the wedding for the transcription of all foreign marriages.
But delaying registration can cause problems down the line especially if documents are hard to get or if a spouse needs to undertake a legal procedure urgently.
Transcription of a marriage is one of those things best dealt with soon after the wedding, especially if the couple will be dealing with Portuguese property, immigration or nationality matters.
What Our Clients Say
Do You Need to Travel to Portugal?
No. Couples don’t necessarily have to do the marriage transcription in Portugal.
Applications may be submitted via Portuguese consular services abroad and some procedures may be carried out by an authorised representative.
The appropriate option depends on the circumstances and the requirements of the registry office.
Remote assistance is a particularly useful service for Portuguese citizens living abroad, when foreign certificates need to be checked and prepared before being submitted.
Marriage Transcription Assistance in Portugal
Marriage transcription is usually fairly simple, but it can get complicated if there are foreign documents, prior divorces, or civil records that don’t match.
Portugal Residency Advisors helps international families with Portuguese civil registry and nationality procedures, including transcription of marriages and related documents.
If you got married abroad and want to have your marriage registered in Portugal, we can look into your case and tell you what steps need to be taken.
Your Questions Answered
Is marriage transcription mandatory in Portugal?
Portuguese citizens who marry abroad before foreign authorities generally need to register their marriage in the Portuguese Civil Registry. A marriage already registered through Portuguese consular authorities normally does not require a second transcription.
Does Portugal recognize marriages celebrated abroad?
Portugal can recognise marriages legally celebrated abroad, subject to the applicable legal requirements. Marriage transcription allows the foreign marriage to be incorporated into the Portuguese civil registry.
Can I apply for Portuguese citizenship through marriage without transcription?
A foreign marriage generally needs to be registered in the Portuguese Civil Registry for a citizenship application through marriage. Applicants should arrange the transcription before submitting the nationality request.
What happens if I was previously married and divorced abroad?
The earlier marriage and divorce may have to be registered in Portuguese civil records. Depending on where the divorce was granted, a separate recognition procedure may be required.
Do I need to travel to Portugal to transcribe my marriage?
Not necessarily. Applications may be handled through Portuguese consular services or, where permitted, through an authorised representative in Portugal.
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