Legal alert no. 103

“Internupcial” term amendment

On September 3rd, 2019, it was published in the Portuguese Official Gazzete the Decree-Law No. 85/2019, which revokes the institute of “prazo internupcial” – which correspond a period of time during which persons newly divorced cannot marry.

The aforementioned Law No. 85/2019, which aimed to revoke the institute of “prazo internupcial”, introduced in the Civil Code, on Decree-Law No. 272/2001, of October 13th, and on Decree-Law No. 322-A/2001, of December 14th, the following amendments:

a.    Revocation of paragraph b), of article 1604º, article 1605º and number 1, of article 1650º, of the Civil Code, no longer providing the “prazo internupcial” as a marital impediment.

The mentioned institute established that the impediment of the “prazo internupcial” prevented the marriage of those whose previous marriage was dissolved, declared invalid or annulled, without having elapsed one hundred and eighty or three hundred days, depending on if it was a man or a woman, from the dissolution, invalidity or annulment declaration date.

b.    Revocation of paragraph c), number 1 and 3, of article 12º and article 15º, of Decree-Law No. 272/2001, of October 13th, which operates the transfer of decision-making competence in certain processes of voluntary jurisdiction of the judicial courts to Portuguese Public Prosecution (“Ministério Público Português”) and civil registry offices; and

c.    Revocation of paragraph c), of the point 3.4, of article 18º, Decree-Law No. 322-A/2001, of  December 14th, which approves the Portuguese Notory and Registry Costs Regime (“Regulamento Emolumentar dos Registos e Notariado”).

The present Law shall enter into force on the first day of the following month to its publication.

To access the complete text of the Law No. 85/2019, of September 3rd, please click here.

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