Marriage by Proxy
What is a Proxy Marriage?
A proxy marriage occurs when one or both parties cannot be physically present at the wedding ceremony and appoint a proxy to represent them during the marriage. This type of marriage is valid in Portugal, but it requires strict adherence to legal requirements.
Types of Proxy Marriage
Proxy of One Party: Only one party is absent and is represented by a proxy.
Proxy of Both Parties: Both parties are absent and are represented by separate proxies.
International Proxy Marriage: When one party resides abroad and authorizes the marriage in Portugal through a legalized or apostilled proxy.
Documents Required for Proxy Marriage
For the Party Residing or Present in Portugal:
Identification Document: Citizen card, passport, or other valid ID.
Updated Birth Certificate: Issued within the last 6 months.
Updated Civil Status Certificate: Document certifying the person’s civil status (single, divorced, or widowed).
Power of Attorney (if applicable): If represented by a proxy, the power of attorney must be legalized by a notary in Portugal.
For the Party Residing Abroad:
Identification Document: Passport or other valid ID.
Updated Birth Certificate: Issued by the country of origin, legalized or apostilled.
Updated Civil Status Certificate: Issued by the country of origin, indicating current civil status. It must be legalized or apostilled and translated if necessary.
Specific Proxy for the Marriage: Document drafted by a notary in the country of origin, legalized or apostilled, and translated into Portuguese by a sworn translator.
For the Appointed Proxy:
Proxy for the Marriage: Must grant the power to represent the absent party for the marriage ceremony, including the details of the spouses and other necessary information.
Identification Document of the Proxy: Citizen card, passport, or equivalent document.
For Specific Cases (if applicable):
Marriage with a Foreigner: Criminal record certificate issued by the foreigner's country of origin or residence, legalized or apostilled.
Marriage with Specific Property Regime: Prenuptial agreement signed and legalized by a notary, if the couple opts for a property regime other than the general regime of community of acquisitions.
Additional Requirements
Legalization/Apostille: All documents issued abroad must be legalized or apostilled and translated into Portuguese by a sworn translator, if they are in another language.
Document Validity: Certificates and proxies have a limited validity, usually 6 months, and must be used within this period.
Pre-Scheduled Appointment at the Civil Registry: The proxy marriage request must be scheduled in advance at the Portuguese civil registry, with all documents submitted for review.
Proxy Marriage Process
Drafting the Proxy: The proxy must be specific for the marriage act, indicating the spouses' details and the marriage conditions.
Document Submission: Documents are submitted to the Portuguese civil registry for review and validation.
Marriage Ceremony: The proxy attends the civil registry and represents the absent party in the marriage ceremony.
Marriage Registration: After the ceremony, the marriage is officially registered in the Portuguese system.