Best Affidavits & Statutory Declarations Lawyers in Portugal

About Affidavits & Statutory Declarations Law in Portugal

In Portugal, affidavits and statutory declarations are typically referred to as declarações juradas or declarações sob juramento. They are written statements of facts made under oath or formal acknowledgment, used to support claims in civil, administrative, or financial processes. The legal framework around these documents is closely tied to the notarial system and to rules on the probative value of documents.

A key feature in Portuguese practice is that the authenticity and formal validity of a declaration often hinges on the involvement of a notary (notário) or another competent authority. Notaries are responsible for verifying identity, ensuring the declaration is properly drafted, and, when necessary, translating or certifying accompanying documents. This formal process helps give the affidavit probative value in relevant proceedings.

Recent trends in Portugal include expanding digital access to notarial services and facilitating official declarations through Notariado Digital platforms. This supports easier access for residents who need sworn statements for administrative or judicial purposes. For official guidance, readers should consult the Diário da República and official government portals.

Notaries play a central role in authenticating declarations and ensuring proper form and traceability of sworn statements in Portugal.

For residents, it is essential to understand that making a false declaration can have criminal consequences under Portugal's Penal Code, and that some authorities may require translation or legalization for use abroad. When in doubt, consult a legal professional to review the facts, documents, and intended use of the affidavit.

Key sources for official guidance on these processes include the Diário da República, the Portal do Cidadão, and the Instituto dos Registos e do Notariado (IRN). These sources provide texts of law, procedural rules, and up-to-date information on how declarations are used in practice.

References you can consult for official texts and procedures include:

• Diário da República (official Portuguese government gazette)
• Portal do Cidadão (guidance on civil procedures and declarations)
• IRN - Instituto dos Registos e do Notariado (notarial services and notary information)

Why You May Need a Lawyer

Below are concrete scenarios in Portugal where seeking legal help for affidavits and statutory declarations is advisable or required.

• Estate and succession matters often require sworn declarations detailing assets, debts, and beneficiaries when a will is contested or probate is initiated.
• Real estate transactions frequently rely on declarations to prove ownership, address accuracy, or disclose encumbrances before a notary or land registry filing.
• Immigration, visas, or residency applications may require affidavits concerning income, employment, or accommodation, and a lawyer can ensure the statements meet official criteria.
• Bank loans or financial arrangements sometimes rely on sworn statements of income, liquid assets, or debt status, where precise wording and supporting documents are critical.
• Administrative procedures for social benefits or public grants may require declarations of residence, family status, or income, and a legal professional can help avoid disqualifying errors.
• Litigation or dispute resolution in Portugal may require declarations to be submitted to courts or tribunals alongside other evidence, where a lawyer can tailor the language to the applicable rule of law.

Working with an attorney or legal counsel ensures accuracy, compliance with formalities, and clarity in how the declaration will be treated by the relevant authority. In many cases, a lawyer can draft the declaration to align with the specific requirements of the agency or court involved.

Local Laws Overview

Portugal governs affidavits and declarations through several key bodies of law and official procedures. The following are the principal legal references used in practice.

• Código do Processo Civil (Civil Procedure Code) - Governs how statements made in court or in connection with civil proceedings are submitted, authenticated, and used as evidence. It also covers the procedures for affidavits submitted in support of claims, defenses, or requests for relief.
• Regime Jurídico do Notariado (Notarial Regime) - Sets out the rules for acts performed by notaries, including declaration under oath, authentication of signatures, and the conversion of private documents into public documents with probative value.
• Código Civil (Civil Code) - Addresses the effect and value of private documents and the conditions under which a declaration can be considered to have evidentiary weight, including the role of identity verification and document authenticity in private writings.

Recent updates in notarial practice emphasize digital access and workflow efficiency. The Notariado Digital initiative extends remote services, enabling certain declarations to be processed electronically where appropriate. For the latest details, consult the Diário da República and IRN resources.

Recent reforms have focused on expanding digital notarial services and improving access to sworn declarations for residents.

Practical guidance and current rules can be found on official platforms such as the Diário da República and the Portal do Cidadão. These sources provide the exact texts of laws, as well as procedural steps for submitting affidavits in Portugal.

Frequently Asked Questions

What is the basic purpose of an affidavit in Portugal?

An affidavit is a written statement of facts sworn under oath or certified by a notary. It is used to support claims in civil, administrative, or financial matters and may have probative value when properly executed.

How do I prepare an affidavit for a Portuguese court or authority?

Draft a clear, factual narrative with dates, places, and relevant events. Have it reviewed by a lawyer or notary to ensure compliance with formalities and to attach supporting documents.

Do I need a lawyer to file an affidavit in Portugal?

No, you can prepare and file a declaration yourself, but a lawyer can improve accuracy and ensure it meets the specific requirements of the authority involved.

How much does it cost to have an affidavit sworn in Portugal?

Costs vary by city and complexity. A simple sworn declaration before a notary can cost between €20 and €120, plus translation or copy fees if needed.

How long does it take to complete an affidavit process in Portugal?

Notarization can be completed in a single appointment for simple statements. Administrative or court processing may take from a few days to several weeks or months depending on the case.

Can a non Portuguese resident make a sworn declaration in Portugal?

Yes. Non residents may make declarations by presenting valid identification and, if required, an interpreter. The notary or authority will verify capacity to declare.

What is the difference between a declaration sworn before a notary and a private declaration?

A sworn declaration before a notary carries greater probative value due to authentication and formalities. A private declaration without notarization has limited evidentiary weight.

Can I use an affidavit abroad or in another EU country?

Affidavits can be used in other EU countries, subject to each jurisdiction's rules and possible apostille. Portugal participates in the Hague Apostille Convention for international use of documents.

What is the difference between a declaracao jurada and a declaracao under compromisso de honra?

A declaracao jurada is sworn and usually notarized. A declaracao under compromisso de honra is a less formal statement of belief or intent and may not carry the same evidentiary weight.

What documents should accompany an affidavit?

Typically a valid photo ID, proof of address, and copies of documents supporting the facts declared. The notary or authority may require originals for verification.

What happens if I provide incorrect information in an affidavit?

Providing false information can constitute a criminal offense such as falsidade or perjury, with penalties under the Penal Code. You may also face civil liability for damages caused by the false statement.

Is there a difference between an affidavit and a formal legal declaration from a lawyer?

A lawyer’s formal declaration may carry weight in court but is not necessarily sworn or notarized unless specifically requested. An affidavit that is sworn before a notary generally has greater evidentiary weight.

Additional Resources

• Diário da República - Official source for all legal texts, including notarial and civil procedure changes. https://dre.pt
• Portal do Cidadão - Guidance on administrative processes, declarations, and how to interact with public bodies in Portugal. https://www.portaldocidadao.gov.pt
• IRN - Instituto dos Registos e do Notariado - Information on notarial services, notarial digital services, and how declarations are processed. https://www.irn.mj.pt

Next Steps: How to Find and Hire a Affidavits & Statutory Declarations Lawyer

1. Define the purpose of the affidavit and the authority that will receive it to determine the required form and level of detail.
2. Collect all supporting documents, IDs, and translation needs before contacting a professional.
3. Decide whether you will use a notary, a lawyer, or both, based on the document type and jurisdictional requirements.
4. Consult at least two practitioners to compare services, fees, and delivery timelines for your exact use case.
5. Ask for a draft before signing or notarization to verify that all facts are accurately represented and legally compliant.
6. Schedule the notarial appointment or submission with the correct authority, ensuring you bring original documents for verification.
7. Obtain certified copies and, if necessary, arrange translations or apostille for use abroad, and keep digital backups of all materials.