section 1206
Summoning and constitution of family council
The Portuguese Civil Code, 1867The spouse who desires to get the separation shall approach the Court of his or her domicile or residence in order that he may convene the family council, which shall be constituted of six closest relatives of one and the other spouse, three from each side, and of the competent law officer of the Public Ministry, who shall have no right to vote but only to express his opinion. § 1 - The lack of relatives shall be made up by friends of the family and the lack of the latter by respectable persons of the neighbourhood. § 2 - In case of a tie, the matter shall be decided by the Judge. § 3 - Once the family council is appointed, both the parties shall be heard on the point of its constitution and either may apply for substitution of the members who are inhibited due to the circumstances mentioned in clauses 1, 2, 3, 4, 5 and 6 of Article 234. If the above inhibitions are lacking, a similar application may be made to lead evidence to prove the existence of any of the following circumstances: 1. Bribery. 2. Interest in the separation. § 4 - The wife may at the same time apply for provisional custody, whether the wife or the husband is the applicant.
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