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Parliamentary Group

Draft Law No 486 /X

CHANGES THE DEADLINE FOR DE FACTO SEPARATION FOR PURPOSES

FROM OBTAINING THE DIVORCE

Exhibition of reasons

The current legal regime of divorce in our country, although it has undergone changes

significant in the last 30 years, continues to fail to respond to a social reality,

that has suffered major mutations.

Marriage in the light of the Right is a contract, a legal contract, which to if

celebrate needs the express will of two people. It is not a "vulgar" contract,

is a contract that, depending on the expressed will of two people, involves

affections and life projects in common.

The Left-Wing Bloc has scheduled, in the 2 th session of the X Legislature a Project-Law that

aimed to create the legal regime of divorce at the request of one of the spouses.

We keep the same opinion, today perfected by all the contributions given in the

height (May 2007) either in the scope of the Assembly of the Republic, or in the large

debate that has waged in society.

From the debate held a conclusion can be drawn: it was practically unanimous to

conclusion that the current 3-year term to apply for divorce on the basis of

breakage of life in common (Article 1781 of the Code of Civil Procedure) was

exaggerated and disappropriate of social reality. It is not justified "to oblige" a couple to

be separated de facto for three years in order to be able to apply for divorce, having in

account for the natural losses that arise from personal level, heritage and even

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family.

In May 2007 the Socialist Party made a commitment to amend the Act in this

aspect. It has even taken over in writing, through the declaration of a vote of six gentlemen

and ladies deputies.

Past one year this commitment has not been fulfilled.

The Left Block, maintaining its previous position, considers that this

divorce modality, which has never proposed to be eliminated, should be amended,

passing the deadline for one year when you are a spouse to apply for and 6 months when

the other does not object.

We consider it to be contributing to an amendment that will correspond with a

most appropriate form to the social reality of the days today, as well as we consider

fundamental to comply, in the letter of the Act, what consensually resulted from the

anterior.m debate

That being so, and under the applicable constitutional and regimental provisions, the

Deputies and the Members of the Left Bloc present the following draft law:

Single article

Amendments to the Civil Code

Articles 1781 and 1785 of the Civil Code shall be replaced by the following:

" Article 1781.

(...)

(...):

a) The de facto separation for a consecutive year.

b) The de facto separation for six months if the divorce is required by one of the

spouses without opposition from the other;

c) (...);

d) (...). "

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Article 1785.

(...)

1-(...).

2-The divorce may be required by any of the spouses on the grounds of

article (a) of Article 1781º; with the fundamentals of points (c) and (d) of the same article, only

may be required by the spouse who invokes the absence or alteration of the faculties

mental of the other.

3-(...). "

Assembly of the Republic, March 19, 2008

The Deputies and Deputies of the Left Bloc