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APPROVAL OF FOREIGN JUDGMENT

Any foreign judgment, including divorce,

will only be effective in Portugal after its homologation
by the Court of Appeals.

Mais Homologação

What is "approval of judgment"?

Ratify the sentence é   conferring legal effect in Portugal to a foreign judicial act , such as a divorce or an adoption carried out in Brazil or Algeria, for example.


Approval of foreign judgment  it is essential for it to be possible to issue updated documents of the Portuguese citizen .

Every citizen has legal obligation to keep your data up to date with the Portuguese State, being able to incur the crime of ideological falsehood if, for example, request the issuance of a document stating that he/she is married when, in fact, he/she is divorced abroad.

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 The ratification of a foreign judgment is carried out through the review and confirmation of a foreign judgment . All persons who have Portuguese citizenship and who marry, divorce, adopt or die in foreign territory must ensure that these acts are effective in Portugal (on their own account or by representation, in the event of death) so that these acts are transcribed in the civil registry. Portuguese. Therefore, before transcription at the Civil Registry Office in Portugal, the foreign judgment must be reviewed and confirmed by the Court of Appeals in the country.

 

After reviewing and confirming the sentence, the Court of Appeals will notify the Civil Registry Office so that the act can be recorded in the citizen's registry (for example, so that the divorce can be recorded in the civil registry of the marriage or that the certificate of death is recorded on the respective birth or marriage certificate). Therefore,   there is no way to proceed with the confirmation of a foreign judicial act without first proceeding with the homologation of a foreign judgment with the Court.

What is approval for?

“Homologar” means “to confirm”. Therefore, a    judicial homologation is a confirmation or approval of a sentence granted by an authority. 

What is a “Sentence Letter”?

“Sentence Letter” is  the name given in Brazil to the  decision that ratifies the foreign judgment.
In Brazil, interested parties must request, regardless of petition, the extraction of the “Carta de
Verdict". This, however, does not apply to the procedure in force in Portugal.

I need a lawyer to file this
case in the Court of Appeals?

Yes, the foreign judgment homologation process,like any legal process,needs to be done by means of a petition signed by a lawyer with professional registration in the Portuguese Bar Association.

OND Law Officespecializes in processing foreign judgment approval processes. Contact here toDr Nina Golden.

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How to request the ratification of a foreign judgment?

According to the Law, approval must necessarily be requested by a lawyer.
 
ND Law Firm specializes in the processing of homologation processes.
Contact Dr Nina Dourado here.

Who is responsible for prosecuting and judging the process of ratification of a foreign judgment?

The jurisdiction to judge the ratification of a foreign judgment in Portugal lies with the
Court of Relations. In case it is a sentence that needs some type of execution
(such as, for example, division of property), the competent court will be the one in the area in which you are located.
the person against whom the judgment is intended to be enforced is domiciled. If the person lives in
abroad, the Lisbon Court of Appeals will be competent, as determined by law.

What are the essential requirements for
ratification of a foreign judgment in Portugal?

They are the following:

Have been   issued by authoritycompetent authority in the country of origin;
The parties having been summoned or having been legally verified by default;
Having become final and unappealable; It is
Be accompanied by a translation by a sworn translator in Portugal if it is in any language other than Portuguese.

In Portugal, lawyers regularly registered with the Portuguese Bar Association are able to perform sworn translations.

Where can I find a sworn translator?

 O  ND Law firm offers sworn translation services in English, Spanish, French and Italian.

Is there a need to pay costs in this process?

Yes, unless the person has an exemption under the terms of the Law (by proven
financial inability, for example).

What is the average processing time for this process?

If it contains all procedural documents and there is no contestation, the average time of
processing will take 3 to 6 months. The final provision in this process will be a decision,
ratifying or not the foreign judgment.

The ND Law Office has specialized activities in Family Civil Law and Immigration Law, with the main service of homologation of foreign judgments. In addition, we work with Consensual Divorce, Marriage Transcription, Legalization of De facto Union, Requests for Citizenship in Portugal and various services with the SEF.

Located in the city of Lisbon and operating throughout the entire Portuguese territory, ND Advogados offers its clients a quick and professional response to their legal demands, with a commitment to transparency, ethical rigor, clarity and quality in providing of your services.

Count on ND Law Firm for a life with less bureaucracy!

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