Decreto-Lei n.º 6/76, de 10 de Janeiro de 1976
Decreto-Lei n.º 6/76 de 10 de Janeiro O Decreto-Lei n.º 261/75 visou antes de mais possibilitar o divórcio aos que, casados catolicamente ao abrigo da legislação concordatária, não podiam ver dissolvido o vínculomatrimonial.
Como se refere no preâmbulo desse diploma, introduziram-se outras alterações ao direito de família que se impunham como urgentes e que não careciam de aguardar o estudo, necessariamente demorado, da reforma de tal matéria legislativa.
Casos há que terão escapado à previsão do citado diploma legal e que postulam se contemplem de imediato, por razões de justiça e em ordem à legitimação da família.
Entre esses casos se situa o dos separados judicialmente de pessoas e bens, a quem por morte do outro cônjuge já não é possível requerer a conversão em divórcio de tal separação e que hão-de aguardar o prazo internupcial, não obstante há muito haverem contraído nova ligação, da qual já nasceram filhos. A tal situação se procura atender no presente diploma legal.
Nestes termos: Usando da faculdade conferida pelo artigo 3.º, n.º 1, alínea 3), da Lei Constitucional n.º 6/75, de 26 de Março, o Governo decreta e eu promulgo, para valer como lei, o seguinte: Artigo 1.º Além dos casos contemplados no n.º 4 do artigo 1605.º do Código Civil, cessa ainda o impedimento do prazo internupcial, se houver separação judicial de pessoas e bens de cônjuges casados catolicamente decretada há mais de cento e oitenta dias ou trezentos dias, conforme se trate de varão ou mulher, e um dos cônjuges tiver falecido à data da entrada em vigor deste diploma.
Art. 2.º É ainda permitido à mulher contrair novas núpcias se tiverem decorrido cento e oitenta dias sobre a sentença de separação judicial...
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