In marriages between Portuguese citizens and foreigners, the same rules apply as to the marriage of two Portuguese citizens. However, foreign fiancés must prove that they have the capacity to marry according to their national law.
Therefore, the foreign citizen must submit a marriage capacity certificate issued by the competent authorities of their country within the last 6 months (unless a different period is stipulated by their country's law).
If the competent authorities do not verify this capacity, the preliminary marriage process should include a document proving that, according to the national law, there is no impediment preventing the marriage.
The preliminary marriage process must include:
- Birth certificate of the foreign fiancé
- Marriage capacity certificate if issued by the country, or a document proving that the certificate is not issued.
It should also be noted that:
Documents and certificates written in foreign languages must be accompanied by a translation made or certified according to the law, unless they are in English, French, or Spanish.
It may also be required that foreign documents be legalized under Article 440 nº 1, of the Civil Procedure Code, or alternatively, be apostilled. If the foreign fiancé does not know Portuguese and the official does not understand the language in which they are speaking, an interpreter must be appointed.
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