Best Family Lawyers in Funchal

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Lima Gonçalves & Associados

Lima Gonçalves & Associados

Funchal, Portugal

Founded in 1989
50 people in their team
LIMA, GONÇALVES & ASSOCIADOS, RI  was born in 1989, distinguishing itself for being the first law firm to be incorporated in the Autonomous...
Portuguese
English
Rubina Faria - Advogada

Rubina Faria - Advogada

Funchal, Portugal

Founded in 2007
50 people in their team
Rubina FariaA lawyer with vast experience in several areas of law, she provides her clients with a quality service, always guided by the utmost...
Portuguese
English
Marlene S. Fernandes - Advogada/lawver

Marlene S. Fernandes - Advogada/lawver

Funchal, Portugal

Founded in 2009
10 people in their team
At the head of the office is Marlene S. Fernandes, Lawyer, graduated in Law, on the 11th of June 2005, by the Faculty of Law of the University of...
Portuguese
English

About Family Law in Funchal, Portugal

Family Law in Funchal, Portugal, is governed by the Portuguese Civil Code and other relevant legislation. This body of law deals with a broad spectrum of issues related to family relationships, such as marriage, divorce, child custody, adoption, and guardianship, among other things. Portugal's family law system promotes the well-being of all family members and aims to resolve family disputes in a fair and respectful way.

Why You May Need a Lawyer

Engaging a lawyer can be critical in many family-related legal situations. For instance, in issues relating to divorce or legal separation, a lawyer can guide you through the complex process, represent your interests, and help you understand your rights and obligations. If you're dealing with child custody or adoption matters, a lawyer can ensure the best interests of the child are prioritized. Lawyers can also be beneficial in addressing financial issues related to alimony and child support.

Local Laws Overview

Family law in Funchal follows Portuguese legislation. One of the primary elements to understand is that joint parental responsibility is the default arrangement in issues involving children, even in cases of divorce or separation. Moreover, divorce can be filed mutually or unilaterally, with different requisites and implications. Portuguese law also allows both closed and open adoptions, each having distinct legal procedures. Also, Portuguese law recognizes both marriages and de facto unions, granting them different rights and obligations.

Frequently Asked Questions

Q1: How is child custody determined in Funchal?

In Funchal, just as in other parts of Portugal, court's primary consideration when determining child custody is the best interest of the child. Parents can reach an agreement on their own, or the court will decide based on factors such as the child's age, the parents' lifestyle, the emotional bond between parent and child, and the capacity of each parent to provide for the child's needs.

Q2: Can I file for divorce without a lawyer?

In theory, it is possible to file for divorce without a lawyer in Portugal. However, due to the complex legal procedures and potential issues, such as property distribution and child custody, it is typically advisable to seek professional legal assistance.

Q3: What are the legal implications of a de facto union?

A de facto union, or cohabitation, is legally recognized in Portugal. While rights and obligations differ from those of a marriage, some notable legal effects include inheritance and property sharing rights. Each case, however, is unique and can be complex, making legal advice beneficial.

Q4: What are the requirements for adopting a child in Funchal?

The prospective adopter has to be at least 25 years old and 15 years older than the child to be adopted, among other requirements. The process involves thorough assessment and matching procedures to ensure the best interest of the child is upheld.

Q5: What is the role of a Guardian in Portugal?

In Portugal, a guardian is appointed to ensure the well-being and interests of those unable to look after themselves, such as minors or adults with disabilities. This includes managing their personal, financial and legal affairs.

Additional Resources

For additional resources related to Family Law in Funchal, you may find it helpful to visit the following websites:

  • The Portuguese Justice Department's website offers explanations of Portuguese laws and procedures: www.justica.gov.pt
  • The Bar Association of Madeira holds a list of local lawyers and law firms: www.oam.pt

Next Steps

If you find yourself in need of legal assistance related to Family Law in Funchal, it is essential to seek professional legal advice. You can contact local law firms, or consult the Bar Association of Madeira for a list of practitioners in your area. Be sure to gather all relevant documentation in order to provide a clear and concise account of your situation, which will allow your chosen professional to provide you with the most pertinent advice.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.