Transcribing Foreign Marriages: Why It Is Essential for Inheritance Matters in Portugal

Author: Bettino Zanini

Who is this article for?

For individuals who acquired Portuguese nationality and were married abroad.

If you want to organize your estate, confirm a spouse’s rights, or ensure that your marital status is legally recognized in Portugal, this guide is for you.

What does “transcribing the marriage” mean?

Transcription is the registration, in the Portuguese Civil Registry, of a marriage celebrated outside Portugal.

Without this transcription, the marriage may not have full legal effect in Portugal.

Why does this matter?

Without transcription, the marriage may not be recognized for:

• Succession and inheritance rights (surviving spouse rights, marital share, legal portion).

• Estate administration, inventories, and division of assets.

• Registration of a foreign divorce or changes to marital status.

• Proof of marital status before public and private entities.

Bottom line: for the marriage to be legally valid in Portugal, it must be transcribed.

Direct impact on inheritance matters

When it comes to succession, the marriage registration is crucial to:

• Correctly identify the surviving spouse and their rights.

• Determine the applicable marital property regime (e.g., community of acquisitions, separation of property), which affects asset distribution.

• Avoid delays in inventory and estate division procedures.

Who must transcribe the marriage?

• Individuals who acquired Portuguese nationality and were married abroad.

• Portuguese citizens (by origin) who married outside Portugal.

• Foreign nationals who need decisions regarding their marital status (e.g., divorce) to have legal effect in Portugal — transcription of the marriage is usually required first.

Best practices for individuals who acquired Portuguese nationality

• Transcribe your foreign marriage as early as possible.

• Confirm which marital property regime applies to your marriage.

• If there was a divorce abroad, prepare the documentation for its review/registration after the marriage transcription.

• In inheritance contexts, ensure your marital status and property regime are correctly registered — this avoids future delays and complications.

Frequently Asked Questions

Does a marriage celebrated abroad take effect in Portugal without transcription?

Generally, no. A foreign marriage must be transcribed for inheritance purposes when the individual has acquired Portuguese nationality.

I married abroad before becoming Portuguese. Do I still need to transcribe the marriage?

Yes. If you want the marriage to have legal effect in Portugal (inheritance, asset division, proof of marital status, etc.), transcription is required.

Can a foreign divorce be registered in Portugal without first transcribing the marriage?

No. The marriage must be transcribed first. Only after that can the divorce be registered (and in some cases, it requires prior review and confirmation by a Portuguese court).

Final message

For succession purposes and to ensure full legal effect in Portugal, transcribing a marriage celebrated abroad is not a mere formality: it is an essential requirement.

If you have acquired Portuguese nationality, put this step at the top of your list. It will save you time, costs, and complications later on. 

By: Bettino Zanini