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The President of the Republic enacted Parliamentary Decree No. 245/X, which approved, by a large majority, the new juridical regime of divorce.

In spite of this, the President of the Republic believes it essential to provide the Portuguese with the following clarification:

1 – Contrary to what some sectors of society wish public opinion to believe, the reasons for having exercised the veto on Decree No. 232/X, as well as those underlying the issue of this communiqué, are not based on any ideological concept of marriage.

2 – As can be well understood from the message then sent to Parliament it is very clear that the new juridical regime of divorce will in practice lead to deeply unfair situations, especially for those who are in a more vulnerable position, which, as more frequently is the case, the women with less resources and the minor offspring.

3 – This belief held by the President of the Republic derives from the analysis which was carried out on the reality of family and conjugal life in our Country, which is shared by several juridical individualities and organizations, as is the case of the Trade Union Association of Portuguese Judges, of many highly qualified jurists in the field of Family Law and by bodies such as the Portuguese Association of Women Jurists.

4 – To this intent, especially due to its not having been awarded the deserved relevance, emphasis should be given to the view issued by the Portuguese Association of Women Jurists, which declares its «concern» with the new juridical regime of divorce, stating, amongst other reasons, that the same «is based upon a fictional social reality» of «a society with a de facto equality between men and women» and is not preventive of «the rights of women victims of domestic violence and of those that carried out, during wedlock, domestic work and child care». This document was opportunely delivered to several parliamentary groups and is available in www.apmj.pt.

5 – The truth is, at a time when it is necessary to promote the effective equality between men and women and when it is urgent to intensify the fight against domestic violence, the new juridical regime of divorce will not only grievously affect the achievement of these objectives as it also may have tragic effects on the situation of minors.

6 – The deep unfairness of the legislation emerges equally when the wedding is held under the community property regime, from which may result that the spouse who did not cause the divorce could be heavily prejudiced when the property is shared.

7 – Further, the legislation in question, including the changes now introduced in article no. 1676 of the Civil Code, suffers from severe technical cum juridical defects, and resorts to indeterminate concepts which raise basic doubts on interpretation, from which difficulties will arise when considered by the courts of law and, worse yet, deepening stressful and conflicting situations in Portuguese society.

8 – Lastly, instead of diminishing legal dispute, all indications are that the new legislation will make it worse, transferring to a later stage, subsequent to the dissolution of matrimonial ties, with especially grievous consequences for all the parties concerned, specifically for those who complied with their matrimonial duties and for those in frailer situations, including the minor offspring.

9 – Considering the above – and similarly to what has resulted from similar situations, especially in relation to the effects of the regime of the State’s third party liability – the President of the Republic believes it imperative to point out to politicians and citizens the potential negative effects of this legislation, specifically the deep injustice to it may give rise to in the case of women.

10 – The practical application of the legislation should, for this reason, be closely followed by the legislator, with the greatest sense of responsibility and due regard to the reality of the Country.