# Divorce subject - here in Portugal or England?



## desperado (Jan 27, 2009)

Hi everyone! I haven't post on this forum for years 

Me live here in Portugal with husband and one child.

Husband is English by birth. I am British by right -- in order words -- I hold a British passport (I was born in some part of Latin America)

So, last week I finally took the decision of divorcing my husband. I hired a Portuguese lawyer near where I live (Castelo Branco area). My lawyer made things sound relatively easy (first come the arrangement of child custody - then settlement of property - then divorce).

But after visiting my lawyer for the second time (that was today -- (Thursday, June 2nd 2016) he added some extra information that put me on the nerve . 

At the first visit (last week) my lawyer seemed to have been under the clear impression that here in Portugal any foreigner, as long as they are married and legally living here in Portugal, if a decision of divorce takes place, then the law is clear about the ultimate outcome, and that is: 

*-Any property, any assets bought within marriage and without a pre-nuptial agreement in whichever country the couple married to, then property and all assets in the marriage are divided 50% - 50%. *

BUT today he told me that under certain circumstances, this is not always the case here in Portugal! One of such 'circumstances' is when one of the spouse was the sole buyer -- in this case of a property. In my case it was my husband who is the only one who provided money to buy the quinta where we are living at the moment. According to my lawyer, there is a certain law called 'compensation' or something similar (I forgot due to my nervousness) -- basically, my husband under such law, can claim a 'compensation' under the reasoning that he, and only he paid (with his own money) the property (quinta). Apparently, the way how the property was paid (cash or bank transfer) and where it came from, is important for my husband to claim 'compensation' -- which basically is the negation to pay 50% to the other spouse.

Anyway...because I got so nervous after that, I went straight to another lawyer to investigate further.

Unfortunately, the new lawyer put me under more anxiety!! Well, the new lawyer is now saying that I need to get divorce under British law!!!!!!!!!!!!!!!!!!!!!!!! So, this lawyer is encouraged me to call to a lawyer in England for confirmation. I came home too late to call any lawyer in England...instead I decided to research on the Internet...


ANY thoughts on this one?

I will highly appreciate any relevant input on the subject

Desperado :fingerscrossed:


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