The Wayli Guide to
The Portuguese Legal System

Portugal has become a popular destination for expats due to its excellent quality of life, beautiful landscapes, and welcoming culture. As an expat in Portugal, it's essential to be aware of some basic legal aspects to ensure a smooth transition and hassle-free stay. This legal guide aims to provide expats with a general understanding of key legal matters in Portugal. However, please note that this guide does not constitute legal advice, and you should consult a qualified attorney for any specific legal concerns or questions.

Please note that the information provided in this guide is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for any specific legal concerns or questions.

Expats moving to Portugal will require an appropriate visa and residency permit, depending on their nationality, purpose of stay, and duration. There are various types of visas, such as work visas, study visas, and family reunification visas. A separate guide on Visas and the NHR regime is available here, which provides more information on this topic.

Portugal has specific housing and rental laws that both landlords and tenants must adhere to. Key aspects include:

• Lease agreements: Ensure that your lease agreement is in writing and contains all necessary terms and conditions, including the rental amount, duration, and responsibilities of both parties.
• Security deposit: Landlords may require a security deposit, typically equivalent to one or two months' rent.
• Rent increases: Rent increases are subject to specific rules and limitations, and must be communicated to the tenant in writing.
• Termination of lease: Both parties must follow specific procedures and notice periods when terminating a lease agreement.

Employment in Portugal is governed by labor laws that protect the rights of both employees and employers. Some key aspects include:

• Employment contracts: Written employment contracts are mandatory and should include details such as salary, working hours, and job description.
• Minimum wage: Portugal has a national minimum wage, which is updated periodically.
• Working hours: The standard working week is 40 hours, with a maximum of 8 hours per day.
• Paid leave: Employees are entitled to a minimum of 22 days of paid annual leave and public holidays.
• Maternity and paternity leave: Portuguese law provides maternity and paternity leave for eligible employees.

Portugal has a public healthcare system, Serviço Nacional de Saúde (SNS), which provides free or low-cost healthcare services to residents. Expats with a residency permit can access the SNS, but private health insurance is also recommended for additional coverage and faster access to specialists.

Expats can use their foreign driver's license in Portugal for a limited period, depending on their country of origin. After this period, they must obtain a Portuguese driver's license. Additionally, expats bringing a vehicle to Portugal must register it with the local authorities and ensure it complies with Portuguese roadworthiness standards.

Portugal has specific laws governing marriage, divorce, child custody, and related matters. Expats marrying in Portugal should be aware of the required documentation and procedures. In case of divorce or child custody disputes, it is crucial to seek legal counsel from a qualified attorney.

Inheritance laws in Portugal can be complex, especially for expats with assets in multiple countries. It is advisable to draft a will in Portugal to cover your Portuguese assets, following local requirements and procedures. Portuguese law also includes forced heirship rules, which dictate that a portion of your estate must be allocated to specific family members. Consult an attorney experienced in inheritance laws to ensure your will is compliant with Portuguese regulations.

Navigating legal matters in Portugal can be challenging, particularly for expats who are unfamiliar with the local language and legal system. Consider seeking support from the following resources:

• Legal professionals: Consult a qualified attorney with expertise in the specific area of law you need assistance with.
• Expat communities: Connect with fellow expats through online forums and local events to share experiences and seek advice on legal matters.
• Consular services: Your country's embassy or consulate in Portugal can provide guidance and support for various legal issues, including emergency assistance and document legalisation.

Understanding the basic legal aspects of living in Portugal can help expats navigate their new lives more effectively and avoid potential pitfalls. By familiarising yourself with key legal matters such as housing, employment, healthcare, and family law, you can ensure a smoother transition and a more enjoyable experience in your new home. Remember that this guide is not a substitute for professional legal advice, and you should consult a qualified attorney for any specific legal concerns or questions.