Family and Succession Law
Family and succession: rights, responsibilities and property.
AGG Advogados handles family and succession matters, from defining responsibilities to organising and distributing property. The approach considers family relationships, children and assets separately, preparing agreements or defending the client’s position where a dispute arises.
A separation, parenting arrangements that need review and an estate awaiting distribution require different responses. Advice helps identify what should be addressed now and what requires more information before commitments are made.
The work begins with existing documents, decisions and agreements. Current deadlines or difficulties complying with arrangements for children should be highlighted at the first contact. Communication is direct and discreet, without turning personal disagreements into conclusions about legal rights.
Ending a marriage and resolving its consequences are distinct steps.
Agreement on ending a marriage does not mean that the division of property, use of the home or responsibilities towards children have been settled. The extent of the agreement and the unresolved issues must be understood.
AGG Advogados acts in divorces by mutual consent and without one spouse's consent, preparing documents and negotiating the consequences of the breakdown. Any agreement should clarify obligations, conditions and effects. Divorce and the division of property are distinct, even when handled in conjunction.
Legal separation (separação de pessoas e bens) affects the spouses’ personal and property relationships without dissolving the marriage. Advice helps assess those effects and whether this route is appropriate to the circumstances.
Without agreement, court representation requires the claim or response and its supporting facts to be clearly defined. Going to court does not mean that negotiation has failed; seeking consensus does not justify ignoring deadlines or accepting terms without understanding their consequences.
Maintenance between adults
Maintenance between spouses or former spouses is distinct from maintenance for children. AGG Advogados assesses the basis of the claim, needs and available means, taking account of marital status and the applicable requirements.
For maintenance between other adult relatives, it is necessary to determine who may be liable and to what extent. A family relationship alone does not establish an entitlement or justify applying the rules governing spouses.
Legal issues involving children require a distinct approach.
Residence, contact and important decisions
Arrangements for parental responsibilities should reflect the child's interests and individual circumstances. Residence, contact with parents and decisions of particular importance need clear rules, without assuming that one solution suits every family.
AGG Advogados helps define arrangements, prepare agreements or take the necessary court action. Proposals consider the child’s circumstances, the available information and each parent’s responsibilities. Arrangements for children should not be used as bargaining chips in property negotiations.
Maintenance, changes and non-compliance
Child maintenance takes account of the child's needs and the means of those required to contribute, including the allocation of expenses. It is important to define what is due and how it will be provided, not merely an amount.
A change in circumstances may justify reviewing the arrangements; non-compliance raises a different issue. The agreement or decision, subsequent facts and supporting records are examined to prepare a variation or a response to non-compliance. Neither route amounts to a unilateral replacement of the rules in force.
Parentage and the protection of children and young people
AGG Advogados acts in parentage proceedings, examining the recognition, establishment or challenge of the relationship, its recording in the civil register and its effects on the family.
In child protection proceedings, support focuses on the rights of those involved and the grounds and scope of measures before child protection commissions or the courts. The best interests of the child or young person guide this work, which is distinct from proceedings concerning parental arrangements.
Property must be identified before it can be divided.
Assets, claims and debts
Dividing matrimonial property requires a distinction between common and separate assets, taking account of the matrimonial property regime and how they were acquired. Documentary title, payments and use of assets do not necessarily answer the same question.
AGG Advogados examines acquisitions, registration information, claims and debts, clarifying liabilities and amounts to be accounted for. An equal division is not assumed without assessing the property and the applicable rules.
An agreement between spouses about a debt does not remove the need to check the creditor's rights. Allocation of an asset and responsibility for its associated financing must be addressed consistently.
The family home and completing the division of property
Determining who uses the family home is not the same as assigning ownership and does not automatically resolve its costs and liabilities. Housing arrangements must be considered alongside rights in the property and the relevant circumstances.
Advice on the division of property turns the legal position into specific terms: assets, values, liabilities and steps to implement the agreement or decision. Preparation is coordinated with formalisation and registration, rather than treating the division as merely signing a document.
Unmarried cohabitation and property
AGG Advogados advises on recognition of a união de facto under Portuguese law and the consequences of its termination. Living together does not create a property regime equivalent to marriage.
The work examines evidence of the relationship, housing rights, acquisitions, each person's contributions and obligations assumed. Deciding what happens to property requires ownership and any claims between the parties to be established, without automatically applying the rules for dividing matrimonial assets.
Understanding inheritance rights before dealing with the assets.
Who is entitled and what the estate contains
Succession begins on death, but this alone does not establish who is entitled to what. The persons concerned must be identified, wills checked, and assets, rights and obligations established.
AGG Advogados assesses succession rights and organises the documents. Identifying heirs is distinct from distributing the estate: recognising who is entitled to inherit does not automatically allocate a specific asset to each person.
Accepting or disclaiming an inheritance requires consideration of the effects of that choice, the known estate and any steps already taken. This assessment should precede declarations or dealings with assets, without assuming that an inheritance consists only of amounts to be received.
Estate administration and the cabeça-de-casal
Administration involves preserving assets, managing expenses and income, providing information and accounting to the other persons concerned. The powers of the cabeça-de-casal — the person responsible for administering the estate under Portuguese succession law — are distinct from the final allocation of the estate.
AGG Advogados assists with estate administration and the discharge of those duties. The practice also supports the person acting as cabeça-de-casal and may undertake that role where the circumstances of the succession allow.
Distribution, disputes and inventory proceedings
Distribution brings together the composition of the estate, the rights of those entitled and the terms of allocation. Disagreements about assets, values, expenses or wills require the issue to be defined and supporting material assembled. One person's wishes do not bind the others.
Inventory proceedings provide a framework for distributing the estate where agreement is insufficient or the procedure is required by law. AGG Advogados acts in judicial and notarial inventory proceedings, observing the applicable jurisdictional rules. The work covers the persons concerned, the schedule of assets, liabilities, administration issues and responses to disputes, preparing for distribution and assembling the necessary evidence. Negotiation remains possible, but does not replace protection of rights within the proceedings.
Cross-border estates
Assets or persons in different countries require an assessment of the applicable law, the competent authorities and foreign documents. AGG Advogados handles international succession matters, coordinating the estate information and formalities before the authorities involved, without assuming that the location of one asset alone determines the entire succession regime.
Succession planning: aligning wishes, family and property.
Structured succession planning begins with the assets, family relationships and objectives of the person planning their succession. It brings together wills, previous dispositions, documentation and the effects on those who may later be entitled.
AGG Advogados assesses the options and the sequence of necessary steps, aligning personal wishes with legal limits. Where shares or business assets are involved, preparation considers their transfer on death alongside corporate rules and the rights concerned. International elements are also considered at this stage.
Anyone making or reviewing a will needs to consider the rights reserved to certain heirs. An intention to benefit someone requires a legal assessment, not merely a clause; changes in family or financial circumstances may justify reviewing earlier provisions.
Preparation seeks to clarify wishes and reduce uncertainty in interpretation, without promising an absence of disputes. Formalisation has its own requirements and does not replace an assessment of the content and its effects.
Contact
Do you need advice on a family relationship, children or an inheritance?
Describe the situation you would like to clarify and the relevant family relationship, including marriage or unmarried cohabitation. Where relevant, mention children under 18, the property concerned and any difficulty complying with an agreement.
If a death has already occurred, identify the person, the date, your relationship to them and any known will. For succession planning, explain what you wish to organise and the countries involved if there are elements abroad.
Highlight previous proceedings, decisions or agreements, available documents and any deadline or hearing. You do not need to identify the appropriate procedure.
Contact AGG Advogados
Contact AGG Advogados