It was approved the Law no. 5/2017, of 2 March, which establishes the Regime for the Regulation of Parental Responsibilities by Mutual Agreement with the Civil Registry Offices, in case of de facto separation and dissolution of a non-marital partnership, as well as between unmarried parents.
According to the new law, which amended the Civil Code and the Civil Registration Code, parents who wish to "regulate by mutual agreement the exercise of the parental responsibilities of minor children or to change the agreement already approved, may, at any time, request it to any Civil Registry Office”.
The request must be signed by the parents or their attorneys-in-fact, accompanied by the agreement on the exercise of parental and food responsibilities. After the analysis of the agreement, the case is referred to the Public Prosecutor's Office at the Judicial Court of First Instance, so that the latter can pronounce on the case within 30 days.
In the absence of opposition by the Public Prosecutor's Office, the case is referred to the Civil Registry Office for approval, producing the same effect as a court sentence.
In the event that the agreements submitted do not take into account “the interests of minors, the approval is refused by the Civil Registry Office and the process of regulating the exercise of parental responsibilities is referred to the competent Court of the minor's place of residence at the time the proceedings are instituted”.
The new law will enter into force on 1 April.