Frequently Asked Questions (FAQs)

Attorney fees depend on the complexity of the case, the time spent, and the urgency of the matter. At our office, we value full transparency:

• Hourly Rate: For legal consultations or specific tasks;

• Fixed Fee: In this scope, we offer different arrangements for Companies. Discover our Legal Support Plans; 

• Other cases: This will depend on the analysis of the specific case, such as court representation.

Simply click to book an in-person or online consultation, selecting the date and time most convenient for you. After scheduling, our office will contact you.

The process varies depending on whether there is an agreement between the couple.

By Mutual Consent: It is possible to apply for a divorce by mutual consent (also known as an 'amicable divorce') if both spouses agree on essential matters (division of assets, the family home, alimony, or others).

Contested (without agreement): When there is no consensus, the process takes place in Court. Here, the Judge will decide on the relevant issues, always focusing on the 'best interests of the child' regarding parental responsibilities.

You should always contact a lawyer to ensure the protection of your rights, as there are often specificities that require tailored solutions.

Signing a CPCV without real estate due diligence is a financial risk. Among other elements, it is important to analyze:

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• Land Registry Certificate (Certidão Permanente): To confirm the legal owner and check for any existing liens, attachments, or mortgages on the property;

• Usage License (Licença de Utilização): Essential to ensure the property is legal and to secure bank financing;

• Property Tax Document (Caderneta Predial): To verify the property’s tax and municipal registration status.

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In this regard, see our article Funchal Real Estate Market: The Perspective That Secures Your Investment, where we discuss some of these aspects in greater detail.

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Our office provides comprehensive services in this area, focused on rigorous procedures. Schedule a meeting with us.

Yes, the Deed of Heirship is the fundamental step to identify those entitled to the inheritance. The process generally follows this order:

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• Deed of Heirship: Performed at a Notary Office or the Inheritance Desk (Balcão de Heranças);

• Tax Authority Notification: The Legal Administrator of the Estate (Cabeça de Casal) must report the death to the Tax Authority and submit the Inventory of Assets (Stamp Duty) by the end of the 3rd month following the death;

• Partition of Assets: This can be done by agreement (out-of-court) or through a court inventory process (in case of disagreement).

The partition of assets can be complex, especially when it involves business assets or scattered real estate holdings. Our team operates in all stages of these processes, including court representation.

Labor rights depend on the type of contract and the reason for termination:

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• Unlawful Dismissal: If the company dismissed you without just cause, you will be entitled to compensation and, possibly, reinstatement. Pay attention to deadlines, which are relatively short—sometimes 60 days or less to legally challenge the dismissal.

• Resignation (Employee Initiative): If you wish to resign, you must comply with the notice period (resignation letter), which typically varies between 30 and 60 days, depending on your length of service.

• General Rights: You are always entitled to receive payment for unused vacation days, as well as proportional vacation and Christmas bonuses relative to the time worked in the year of departure.

The Madeira International Business Centre (CINM) offers one of the most competitive tax regimes in Europe, approved by the EU. The main advantages include:

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• Reduced Corporate Income Tax (IRC): A 5% rate on taxable profits (up to certain limits);

• Withholding Tax Exemption: On dividend payments to non-resident shareholders (subject to certain conditions);

• Stamp Duty and IMT Benefits: Exemptions or reductions on taxes related to real estate transactions. Important: To benefit from this regime, the company must meet economic substance requirements, specifically the creation of at least one local job position (Madeira resident).

Our office can provide legal assistance with your company's incorporation process and ensure full compliance with these requirements.

An Injunction (Order for Payment) is a fast and effective legal mechanism for collecting commercial debts.

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• How does it work? We submit a petition to the National Injunction Office (Balcão Nacional de Injunções). The debtor is then formally notified to pay;

• If the debtor does not contest: The injunction immediately gains 'enforceable status,' allowing us to proceed directly to the seizure of the debtor's bank accounts or assets through an Enforcement Officer. It is the ideal solution for SMEs with cash flow problems resulting from client defaults.

Choosing the right contract prevents future litigation in the Labor Court. The most common options are:

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• Fixed-term Contract (Contrato a Termo Certo): For the company's temporary needs (e.g., tourism peaks in Madeira). It has a maximum duration and specific renewal limits;

• Permanent Contract (Contrato Sem Termo): Provides more stability but can include a experimental period (ranging from 90 to 240 days, depending on the role), during which the contract may be terminated without compensation if the worker does not meet expectations.

Our recommendation is to always have contracts drafted in writing, including confidentiality clauses and a clear description of duties.