Portugal immigration lawyer – English speaking lawyers in Portugal (Cascais) – Portugal attorney

Recognition of união de facto through the court: legal assistance

We help confirm cohabitation officially through the courts in Portugal. Experienced legal support at all stages of the process.

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What is união de facto and why recognize it through the court

Cohabitation (in Portuguese — união de facto) is the official recognition of a relationship between two people who live together and maintain a shared household, but are not married. Portuguese law grants certain rights similar to those of married couples even if the union is not formally registered.

In many cases, it is enough to register união de facto at the Freguesia (local parish). However, there are situations where confirmation of união de facto is only possible through the court. This is required when it is necessary to prove the existence of the relationship for the protection of rights — for example, for inheritance, joint residence permits, social security, or division of property after separation or death of one of the partners.

When recognition of cohabitation through the court is required

Judicial recognition of união de facto may be required in the following cases:

  • One of the partners has died, and the other wants to claim inheritance rights
  • Confirmation is needed for the immigration process or residence procedure
  • An administrative body has refused to recognize união de facto
  • Legal disputes have arisen regarding jointly acquired property or benefits

In such cases, official recognition of the union is impossible without the support of legal representatives. A claim must be filed, and evidence of cohabitation must be presented in court.

How the procedure works and what documents are needed

Judicial recognition of união de facto begins with filing a claim with the appropriate court. The claimant must provide evidence showing that the couple lived together and shared a household.

Usually, the following documents are required:

  • Certificate of joint registration (if available);
  • Proof of joint rental or ownership of property;
  • Bank statements, receipts confirming shared expenses;
  • Statements from third parties (landlords, neighbors);
  • Evidence of joint child-rearing (if applicable).

Each case is individual, and the set of documents depends on the circumstances. That’s why legal representation is essential — a lawyer will help structure the evidence and properly present it in court.

Who Can Especially Benefit from Legal Assistance

The court recognition procedure of união de facto is more than just filing an application. It is a full legal process requiring knowledge of Portuguese law and judicial practice. Legal help is especially important in the following cases:

  • You don’t speak Portuguese and are unfamiliar with local law;
  • You lived informally, without registration or a joint address;
  • One of the partners is a citizen of another country;
  • There are inheritance disputes or immigration issues;
  • You face an official refusal and need a detailed evidence analysis.

A lawyer not only helps properly prepare documents but also protects the client’s interests in court, minimizing the risks of denial.

What the Legal Support Service Includes

We offer comprehensive legal support for the recognition of união de facto through the court. This includes:

  • Initial consultation and case analysis
  • Assistance in preparing the required documents
  • Drafting and submitting a legal petition
  • Representation of the client’s interests in court
  • Follow-up until the final court decision

We can also coordinate with other institutions — the immigration service, social services, notaries, and lawyers from the other party, if necessary.

What the Cost of Legal Support Depends On

The cost of the service depends on several factors:

  • Complexity of the case and amount of evidence
  • Necessity of attending court hearings
  • Number of documents requiring preparation and translation
  • Presence of property or immigration component

After analyzing the situation, we always offer an individual approach based on the client’s goals and options.

Why Choose MoveToCascais

We know how important it can be to have a união de facto recognized — for legalizing status in the country, protecting family or inheritance rights. The MoveToCascais team offers:

  • Deep expertise in Portuguese family and immigration law
  • Professional support in Portuguese, Russian, Ukrainian, and English
  • Extensive experience working with foreigners from various countries
  • Full support from the first application to the final court decision

We work with care and attention to people and situations so that your legal matters are resolved calmly and reliably.

Need expert assistance?

Some services can be challenging to handle on your own. Trust our team of professionals to guide you through every step.

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Frequently Asked Questions

1. What is união de facto in Portugal?

It is an official cohabitation status of two people living together for more than two years, not married, but sharing a household. The law gives such a union some of the same rights as marriage.

2. Is it always necessary to go to court?

No, in simple cases, registration at Junta de Freguesia is enough. But if you need to prove the relationship in a legal situation (inheritance, immigration), court recognition may be required.

3. How long does the process take?

t depends on the complexity and court workload. On average, the process may take from several weeks to a few months. Good preparation helps speed it up.

4. Is foreign cohabitation recognized in Portugal?

Not always. To be valid, it must be officially registered in the country of residence and comply with local laws. In some cases, it’s necessary to have the união de facto recognized again through court in Portugal.

5. Can I submit the application without a lawyer?

Formally — yes. But in practice, without legal support, it is very difficult to prove the fact of cohabitation, especially in complex cases. A lawyer can help structure the evidence and correctly draft the claim.

6. What rights does the recognition of união de facto grant?

artners receive rights to social benefits, medical insurance, inheritance, and the possibility of family reunification within the framework of immigration. This is also important in the division of property and rights to alimony.

How we can help

Preparation and submission of a claim to the court

We collect evidence, prepare documents, and submit the claim on your behalf.

Representation in court

Full support of the client in court: protection of interests, participation in hearings, preparation of arguments.

Legal consultation

Analysis of your situation, determining the strategy, answering questions about the law.

International coordination

We help in recognizing relationships between citizens of different countries and interacting with foreign jurisdictions.

Other services

Support during an AIMA appointment

If you have an in-person visit to the immigration service (AIMA) — for a visa, residence permit, or renewal — we will provide a lawyer to accompany you, ensuring that your interests are protected and taken into account.

Representation of your interests in court

We handle court cases of various categories: from immigration and civil to administrative. We protect our clients at every stage, carefully prepare documents, and represent your position in court.

Court request for an AIMA slot

If it is impossible to book an AIMA appointment through standard means, we submit an official court request to set a date. This is a legal way to speed up the process.

Appealing AIMA decisions

Received a refusal from the immigration service? We will prepare and file a legal complaint to challenge an unfair decision and defend your rights.