It is not uncommon for a Portuguese citizen seeking to apply for Portuguese nationality for a direct family member to be surprised by the need to register their current and any previous marriages, as well as the dissolution of any past matrimonial ties.
This legal requirement is often overlooked, particularly by Portuguese citizens who have recently acquired nationality and/or reside abroad.
Once an individual is granted Portuguese nationality, the individual gains the rights and assume the obligations associated with this status. Among these obligations, one of the most important—yet often neglected—is the updating of the civil registry, a legal duty that applies to all Portuguese citizens, including those living outside Portugal.
Why Is Updating the Civil Registry Important?
The civil registry is the means through which the Portuguese State formally recognizes significant life events of its citizens, such as births, marriages, divorces, and deaths.
For those residing abroad, civil acts carried out outside Portugal must be officially transcribed or registered within the Portuguese civil records These procedures are essential to ensure compliance with Portuguese law and to safeguard future rights, such as inheritance, nationality “transmission” for descendants, and other legal matters.
Portuguese Civil Registry Law establish
es this obligation, ensuring that all events related to civil status are duly recorded and recognized in national territory.
While it may seem like a mere formality, failing to update civil records can lead to significant complications, particularly for those wishing to secure the transmission of Portuguese nationality to their descendants, spouses, or partners.
Some key consequences of failing to update Portuguese civil records include:
1. Nationality for Descendants
Children and grandchildren of Portuguese citizens are eligible to apply for Portuguese nationality by descent. However, to qualify, they must meet specific legal requirements, including proof of a legally established parent-child relationship under Portuguese law.
In Portugal, parental affiliation (estabelecimento da filiação) is a civil law concept that establishes the legal connection between parents and children. This connection can be recognized through:
(i) Birth within a legally recognized marriage
(ii) Voluntary acknowledgment of parenthood
(iii) Judicial determination of parenthood
A properly established affiliation is essential for confirming parental rights and for granting the right to nationality attribution to descendants.
Thus, when applying for nationality, descendants must prove their direct lineage from a Portuguese citizen. In many cases, this requires updating the civil registry of the Portuguese ancestor to ensure their marriage, divorces, and children’s birth records are officially recognized in Portugal.
2. Nationality for Spouses or Partners
Spouses and civil partners (unmarried cohabitation) of Portuguese citizens may also apply for Portuguese nationality by marriage or civil partnership, provided they meet the legal requirements.
However, if the marriage took place abroad, the foreign spouse seeking nationality must ensure that the marriage is officially registered into the Portuguese civil registry.
If the Portuguese citizen had any previous marriages, those must first be registered, along with any divorce decrees, before the current spouse’s nationality application can proceed.
Regarding de civil unions* although they do not constitute an official civil status in Portugal, they can have legal effects, especially for nationality purposes.
To be recognized for nationality acquisition, the civil partner must meet two key requirements:
Update all prior civil records (e.g., previous marriages and divorces must be registered)
Obtain a formal court ruling recognizing the union in Portugal.
Unlike marriages, civil partnerships are not automatically registered in Portugal. Therefore, for nationality purposes, the partnership must be legally recognized through a court decision.
This recognition can be achieved in two ways:
Review and confirmation of a foreign court decision (if the partnership was recognized by a court decision abroad)
A court ruling in Portugal, if the partnership has not been formalized by a court decision in the country of origin.
For more details, see: Civil Partnership and Portuguese Nationality
How to Update Your Civil Registry?
Portuguese citizens living abroad can update most of their civil records at:
The Civil Registry Offices in Portugal
Portuguese Embassies and Consulates in their country of residence
Marriages - whether civil, religious, or civil with religious effects—must be transcribed into the Portuguese registry through an administrative marriage transcription process. This can be done either at the Portuguese Consulate abroad or directly at a Civil Registry Office in Portugal.
However, a divorce obtained abroad only takes legal effect in Portugal once it has been formally reviewed and confirmed by a Portuguese court. The Portuguese Court of Appeal is responsible for reviewing and confirming foreign divorce judgments before they can be recognized in Portugal. For more details, see: Foreign Court Decision Review of divorce and Portuguese Citizenship
As previously mentioned, if an individual has multiple marriages and/or divorces, all previous marriages must be transcribed, and previous divorces must be recognized in Portugal before a more recent marriage can be registered.
Other civil acts, such as births, deaths, name changes, and adoptions, must also be registered to maintain an updated legal status in Portugal.
Keeping civil records up to date is more than just a legal obligation—it protects the rights of family members and future generations.
Updating these records ensures that descendants can maintain their legal ties to Portugal, that spouses or partners can access nationality rights, and that other legal benefits, such as inheritance and asset recognition, are preserved.
For all Portuguese citizens—especially those living abroad—this process is essential for legal compliance and for facilitating future nationality applications and other legal matters.
We strongly recommend that all Portuguese citizens periodically review their civil registry status and seek legal assistance if necessary to ensure compliance and avoid future complications.
FiO Legal is available to assist with all civil registry updates, providing specialized support to ensure compliance with Portuguese law and to protect your rights and those of your family.
* Also referred to as a Civil Union; Domestic Partnership; Civil Partnership; Domestic partnership; Common-law partnership or Unmarried cohabitation.
By Lidiane de Carvalho.
