Refugee Marriage in Portugal: Documents and Options

By Rodrigo MaranhãoLawyer in Lisbon · Updated on 18 October 2026

Portuguese Bar Association (Ordem dos Advogados)Registration no. 60554L

Brazilian Bar Association (OAB) · PernambucoRegistration no. 22.372

Madrid Bar Association (ICAM) · SpainRegistration no. 144875

Refugee marriage Portugal cases follow the civil marriage process for foreign nationals. If your country does not issue a certificate of matrimonial capacity, you can present a declaration stating that it is not issued. The documents required from you depend on the rules for foreign nationals and on the records your country issues.

If you would rather have support from start to finish, see how I work as a lawyer for foreigners marrying in Portugal.

Who can marry in Portugal?

Portugal’s marriage requirements apply to couples using the civil registration process, whether both partners are foreign nationals or one is Portuguese. A foreign partner has to prove that they can marry by presenting the civil documents required for a foreign national. The process begins with a declaration of intent, followed by an examination of the application by the Civil Registry Office (Conservatória do Registo Civil). If you marry an EU citizen, see the residence card for a spouse of an EU citizen in Portugal. For details on how to register a marriage in Portugal, see my guide.

As a rule, people over 18 can marry if they are not close relatives, such as a parent and child or siblings, and have no other legal impediment. Marriage is also possible from age 16 with authorisation from both parents, or from the person who has custody, unless the Civil Registry Office dispenses with that authorisation. Marriage is not permitted below age 16.

The registry examines the marriage file before authorising the ceremony. If it finds no impediment, the couple can arrange a date with the registrar. A booked venue or travel plan does not itself mean that the file has been examined or the marriage authorised, so treat the date as proposed until the application has been reviewed.

For an international couple, each partner’s civil records need to be considered individually. One partner may be Portuguese while the other is a foreign national, or both may have different nationalities. In either situation, the foreign partner’s documents are part of the marriage application, and the couple should identify what is required before making ceremony arrangements. After the wedding, you may also need to consider residence for a foreign spouse in Portugal.

How international protection relates to the file

Portuguese law distinguishes a recognised refugee from a person whose application for international protection has not received a final decision. Article 2 of Law no. 27/2008 defines these categories separately. This distinction concerns the person’s protection status; the marriage application itself requires attention to the civil documents listed for foreign nationals.

If you have recognised refugee status or a pending protection application, make sure the description of your situation is accurate when seeking legal advice. The available marriage requirements are framed around foreign-national identification and civil records. Reviewing your status documents alongside the records you can present helps clarify what information is relevant to your file.

You may be unsure which documents you can obtain or whether your country issues a particular certificate. Start by making an inventory of the records you hold and the records you have been told are available from the competent authorities in your country. That gives your legal adviser a concrete basis for reviewing the marriage application and identifying any gaps.

I approach protection-related circumstances and civil marriage records as connected questions that need careful review, without assuming that one document answers every question about another. A lawyer can assess the status information you provide and the civil records available for the application. This is particularly useful when you need to explain why a required certificate is not available.

Documents for a foreign partner

A foreign national planning to marry in Portugal must present identification, a birth certificate issued under the law of their country and a certificate of matrimonial capacity if their country issues one. The identification documents listed for the process are a passport or residence permit. Prepare an inventory for each foreign partner, since the records may differ even within one couple.

The certificate of matrimonial capacity is issued by the competent authorities of the person’s country and confirms that the person can marry. It must have been issued less than six months before it is presented. Check the issue date while preparing the application, so you can see whether the certificate meets that stated time condition at presentation.

The table below summarises the documents specified for a foreign partner and the stated detail for each. It can help you organise the records for both people, but it is not an exhaustive list of every document that might be needed. Other documents may be required if they are indispensable to examining the application.

Keep track of the issuing authority and language of every record, as well as whether you have the original document. If something is missing, note exactly which record you cannot provide and what you know about its availability. That preparation helps a lawyer review the file and identify what should be explained before it is submitted.

Important: A common mistake is to assume that possessing one document means the other listed civil records are unnecessary. That can leave an application without records required for examination. Make a separate checklist for each partner and review the available documents before filing, rather than relying on an assumption about what the registry will accept.

If your country does not issue the certificate

There is a specific alternative when the competent authorities in your country do not issue a certificate of matrimonial capacity: you may present a declaration stating that the certificate is not issued. The declaration refers to non-issuance by the country’s authorities. It is not described as a general replacement for every situation in which a person does not have the certificate.

That distinction matters when you are preparing your explanation. A certificate that your country does not issue is different from a certificate that exists but is not in your possession. State the situation as accurately as you can, and do not describe the certificate as not issued unless that is true of the competent authorities in your country.

Before relying on the declaration, establish whether the relevant authorities issue a certificate of matrimonial capacity. If they do not, the declaration should say so. If you are uncertain about what your country issues, gather the available information and have it reviewed before you decide how to describe the document in your marriage application.

I advise against treating the declaration as a universal option for every refugee or applicant for international protection. The stated alternative concerns the specific circumstance in which the country does not issue the certificate. Legal review can help you distinguish that situation from other reasons a document may not be available and prepare a clear account of your circumstances.

Important: Describing a certificate as “not issued” when your country does issue it can make the explanation in your application inaccurate. First identify what the competent authorities issue, then use the declaration only when it reflects that fact. If you are unsure how to describe your circumstances, review them with a lawyer before filing.

Translation, legalisation and language

A foreign birth certificate must be legalised and translated into Portuguese if the original is written in a foreign language. Documents written in a language other than English, French or Spanish must be accompanied by a certified translation into Portuguese. Check the language of each record separately, because the translation requirement depends on the language in which that document was issued. See when EU documents do not need an apostille for marriage in Portugal.

Legalisation and translation address different parts of preparing a foreign record. The birth certificate needs the required legalisation, while the language of the document determines whether a certified translation must accompany it. Keep each original with its translation so that it is clear which translated text belongs with which record.

If you do not speak Portuguese and the registry official does not speak your language, an interpreter is appointed. This concerns communication with the registry and does not remove the separate document requirements. When preparing your application, consider both how the records must be presented and how you and your partner will communicate during the process.

For a file involving international protection, document preparation may require you to explain which records are available to you. Review the language and legalisation requirements alongside that information. If you are unsure whether a record meets the stated requirements, have the document reviewed before submitting it rather than assuming that a particular form or translation will be accepted.

A document review can identify practical issues before filing, such as a missing translation or uncertainty about which original it accompanies. The registry examines the application and may require other documents that are indispensable to that examination. Preparing the records together gives you a clearer basis for explaining the documents in your file.

Starting the marriage process

The process begins when the intended spouses declare that they want to marry. In that declaration, they state the type of marriage, the property regime and the intended place of the ceremony. A couple planning a foreign-national marriage in Portugal can start the process at any Civil Registry Office; an online route is also available to people who meet its eligibility conditions.

The online route is limited to couples where both partners are over 18, are Portuguese or Brazilian citizens with the general equality of rights and duties status, and have a Citizen Card. Do not plan around the online option if you do not meet these conditions. The process can be started in person at a registry office instead.

The registry examines the application for impediments. If it finds none, the marriage is authorised; if it is not authorised, the couple is notified personally or by registered letter. Until the wedding day, anyone who knows of an impediment may report it to the registry, so the planned ceremony is not a substitute for the registry’s examination. If your marriage documents are rejected in Portugal, learn what to do next.

The marriage may be civil, Catholic or civil in religious form. The chosen form, property regime and intended location belong in the initial declaration. For a Catholic marriage or a civil marriage in religious form, the process may be started by the priest or minister of the religious community established in Portugal, with a request signed by the couple.

Other documents may be required if they are indispensable to examining the application. A file involving international protection should be prepared with a clear list of the records available and an accurate explanation of any missing document. Vilanova Maranhão Advogados provides legal support for marriage in Portugal, including document review and assistance with preparing and following the application.

Timing, ceremony and fees

Start the marriage process at least one month before the intended wedding date. Once the marriage is authorised, the ceremony must take place within six months. These periods apply at different stages: the first is the minimum lead time before the proposed date, and the second runs from authorisation.

The date, time and location of a civil ceremony are agreed with the registrar. The ceremony can take place at a Civil Registry Office or at another location agreed with the registrar. If the registrar travels to a different venue, the couple must provide transport or pay the travel costs.

The standard process and registration cost €120. The cost is €200 for a non-urgent marriage held outside the registry, outside normal opening hours, or on a Saturday, Sunday or public holiday. For a ceremony outside the registry, transport or the registrar’s travel costs are also a separate consideration.

The table separates the process and registration costs from additional charges related to a prenuptial agreement. The €200 amount applies in the specified non-urgent circumstances; it is not an extra fee automatically added to the standard amount. A ceremony outside the registry also involves the transport or travel costs described above.

Important: Booking travel or a venue before the registry has examined the file can expose you to avoidable costs if the marriage is not yet authorised. Plan around the minimum lead time and the period after authorisation, but do not treat either one as confirmation of a particular ceremony date.

Property regimes and marriage by proxy

The property regime sets the rules for which assets are shared and which remain the property of one spouse. If the couple does not choose another regime, the default is the community of acquisitions. Other listed options include separation of property, general community of property and a regime defined by the couple within legal limits.

To choose a regime other than the default, the couple needs a prenuptial agreement. Making an agreement for a regime provided by the Civil Code costs an additional €100. An agreement for an atypical regime costs an additional €160, and registering an agreement or change made outside a Civil Registry Office costs €30.

Both partners may attend the ceremony, or one may attend with a proxy for the other. The power of attorney can be an authenticated document, a public instrument prepared by a notary or a Portuguese consular official, or a document signed by the represented person with their signature formally witnessed.

The power of attorney must identify the other intended spouse by name, age, place of birth, habitual residence and parentage. It must also state the property regime and type of marriage. Compare those details with the information in the marriage declaration before the power of attorney is signed, so the documents describe the same intended marriage.

Two to four witnesses may attend the civil ceremony, but their presence is not mandatory. If your partner cannot attend in person, the power of attorney needs to meet the stated form and content requirements. A lawyer can review the proposed document and the selected property regime as part of preparing the marriage application.

Examples for couples with different backgrounds

Imagine a British refugee and a Portuguese partner planning to marry in Lisbon. The foreign partner would prepare identification, a birth certificate issued under the law of their country and a certificate of matrimonial capacity if that country issues one. If the country does not issue the certificate, the stated alternative is a declaration saying that it is not issued.

The couple would start the process at a Civil Registry Office and declare the type of marriage, property regime and intended location. They should begin at least one month before the intended date. If authorised, the marriage must take place within six months after authorisation. The standard process and registration cost €120, or €200 in the specified non-urgent circumstances.

Now imagine two foreign nationals of different nationalities who plan to marry in Portugal. Each partner should prepare the identification and birth certificate required for a foreign national, as well as a capacity certificate if their country issues one. The records should be checked separately, since the documents issued and the language of each certificate may differ.

If one partner’s country does not issue a capacity certificate, that partner may present a declaration stating that it is not issued. The couple should also check the birth certificates’ legalisation and translation requirements, choose a property regime and agree the ceremony arrangements with the registrar. The registry may require other documents if they are indispensable to examining the application.

In either example, the couple should check the documents before making final ceremony arrangements. If they choose a venue outside the registry, they need to provide transport or pay the registrar’s travel costs. The examples illustrate how the stated requirements fit together, but the application is examined on the information and documents the couple presents.

Prepare your next steps carefully

Begin by listing the identification and civil records available for each partner. Check whether the relevant country issues a certificate of matrimonial capacity and whether a certificate you hold was issued less than six months before presentation. Note the language of each record, and whether the required legalisation and Portuguese translation have been prepared.

If you have international protection, describe your status accurately and separately identify the civil records you can provide. If your country does not issue the capacity certificate, the declaration should reflect that fact. A clear account of the documents available gives your legal adviser a practical basis for reviewing your application and identifying questions to address before filing.

Once the records are reviewed, the couple can prepare the marriage declaration, select a property regime and discuss the ceremony arrangements with the registry. Vilanova Maranhão Advogados can assess the available documents, review a proposed power of attorney and assist with preparing and following the application. Legal support helps you prepare the file, without promising a particular decision.

About the author

Rodrigo Maranhão

I am a lawyer admitted to practise in Brazil, Portugal and Spain. At Vilanova Maranhão Advogados, in Lisbon, I help people from abroad who want to live in Portugal or Spain. I also know this reality as an immigrant: I have lived in Europe for almost ten years.

• Portuguese Bar Association (Ordem dos Advogados) · Registration no. 60554L
• Brazilian Bar Association (OAB) · Pernambuco · Registration no. 22.372
• Madrid Bar Association (ICAM) · Spain · Registration no. 144875