Rubrica · Ipsis mitos

If I divorce, do I lose the Portuguese nationality I acquired through marriage?

8 October 2026 · Bruna Eugénia Araújo · 3 min read

The answer: not quite

A divorce after Portuguese nationality has been acquired does not, in itself, cause that nationality to be lost.

The law does not require the marriage to continue once nationality has been acquired.

The Nationality Law goes even further: neither a declaration that the marriage is null nor its annulment affects the nationality acquired by the spouse who entered into the marriage in good faith (Article 3(2)).

What is the relevant moment?

What counts is the moment of the application. For nationality through marriage, the relevant date is the date of the declaration. At that point, the applicant must have been married to a Portuguese citizen for more than three years, and the declaration must be made while the marriage subsists (Article 3(1)).

Where required, an effective connection to the Portuguese community must also be shown.

What if the divorce happens while the application is pending?

If the declaration was made during the marriage, when it had already lasted more than three years, a divorce while the application is pending does not, in itself, mean the application is refused. All the other legal requirements must still be met.

This view is supported by the judgment of the Central Administrative Court South (Tribunal Central Administrativo Sul) of 4 July 2016, case no. 13069/16.

When can Portuguese nationality be lost?

By declaration. Under Article 8 of the Nationality Law, a person who also holds another nationality may declare that they do not wish to be Portuguese. A divorce is not such a declaration.

What if the acquisition involved fraud?

The acquisition of nationality may be declared null if it was based on false documents or false statements, under Article 12-A of the Nationality Law. This rule does not apply where declaring it null would leave the person without any nationality.

Can the acquisition be opposed?

Yes, in the cases provided for by law. The Public Prosecutor's Office (Ministério Público) may oppose the acquisition of nationality through court proceedings. One of the grounds is the absence of an effective connection to the Portuguese community (Article 9(1)).

However, where the marriage has lasted more than six years, or the couple has children in common who hold Portuguese nationality, the law rules out opposition, except in the situations set out in Article 6(1)(f) to (h), such as certain criminal convictions or a danger to national security (Article 9(2)).

Opposition must be brought within two years of the registration of the acquisition of nationality (Article 10).

A divorce is not, in itself, a ground for opposition.

Key takeaway

Divorce does not erase nationality. Once Portuguese nationality has been acquired through marriage, there is no need to stay married to keep it.

Loss of nationality, nullity of the acquisition and opposition to the acquisition are separate situations, each with its own legal rules.