quarta-feira, 19 de junho de 2013

How to recognize a divorce in Brazil



I already got a divorce from my brazilian wife in my country, now she called me saying that we must get divorced again in Brazil. What should I do?”


This is a very common problem in Brazil. According to the brazilian laws, it is mandatory for all brazilians who got divorced abroad to ratify this divorce at the brazilian courts. If this is not carried out the individual will, for all legal purposes, remain married. Often I receive this kind of question from my clients or from my clients former spouses, asking why they should get divorced twice. However, it is important to realize that without this procedure in Brazil, the divorce will not be recognized.


In Brazil, the divorce must be ratified by the Superior Court of Justice - not to be confused with the Supreme Federal Court, the highest court of the country.

UPDATE FROM 2017: Simple divorces, where there are no children and no special partition of assets, now can be reigistered directly in a local cartório (public notary office), skipping the lawsuit.


The documents required for this process are:


1) power of attorney to represent the client in the divorce ratification process;


2) original foreign divorce decree, duly certified by a public notary in the country of origin AND in the Brazilian consulate;


3) translation of the foreign divorce decree to brazilian portuguese;


4) certified copy of marriage registration in Brazil (if any);


5) former spouse's address for the formal judicial notice;


6) if possible, power of attorney granted by former spouse, with powers to accept the recognition of the divorce in Brazil, duly certified by a public notary in the country of origin AND in the Brazilian consulate;;


7) certified copy of your identity card or passport.


The entire process before the Superior Court of Justice generally takes about 01 year. With the acceptance of both spouses, the powers of attorney of both and the declaration of acceptance of  divorce ratification, the time may be reduced.



I have been working in this type of procedure for quite some time. If you have any questions, just send me an email or a comment here on this blog!



See also:

38 comentários:

  1. My wife and I are having problems and I want to know what my rights are. We were married in Brazil and been together about 6 months. I own a house in USA this was before we were married. She just built a Apartment in the last three months. This is just after we were married. I helped buy furnishing for the Apartment. She did this with telling me. I found out when I just visited her this month. I am in the process of trying to get a visa for her here in the USA. If we divorce how is assets divided. I remember when we got married it said any property own before the marriage was not part of the assets. Anything after the marriage is to be divided. Is this right and what are the percents. Thanks G

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    Respostas
    1. Dear Gary,

      For specific questions, please write me.

      Brazil has several marital regimes, I would have to confirm which one you have adopted

      Thanks,

      Adler

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  2. Thanks for your informative article. It is a good experience to read about another country divorce law issues.

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  3. This is the perfect blog for anyone who wants to know about this topic. You know You definitely put a new spin on a subject thats been written about for years.I got lots of new stuffs about divorce in Brazil. Great stuff, just great!

    Nevada divorce

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  4. My husband is a Brazilian living in the US. He was previously married to another Brazilian and divorced her in the US, but the divorce was never finalized in Brazil. He then married me, a US citizen, in the United States and became a US citizen himself because he married me. The problem is we are getting divorced now and I am wondering if our marriage was even legal because he did not ever get divorced from his first wife in his country......

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    Respostas
    1. The US marriage might be illegal according to Brazilian rules. Please send me an email.

      Thanks,

      Adler

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  5. Where may I find a complete list of brazilian divorce laws?

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    Respostas
    1. I sincerely don't know. Embassies sometimes make a guide about it.

      Adler

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    2. Este comentário foi removido por um administrador do blog.

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  6. Good day,
    I read your blog above with regards to divorce between foreigner and Brazilian. Does the same apply between two Brazilian that got married abroad? A Brazilian friend of mine got married to another Brazilian in London. They both live in London. One of them have filled for Divorce in UK, not the other person have filled Divorce in Brazil? Where should the Divorce take place?

    Thanks

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    Respostas
    1. It usuallly has to be processed in both places. In case the procedure outside of Brazil is finished first, the decision can be validated before Brazilian courts.

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    2. Este comentário foi removido por um administrador do blog.

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  7. Este comentário foi removido por um administrador do blog.

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    Respostas
    1. Dear reader,

      Please write me at contato@adler.net.br

      Adler

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  8. Noman

    Dear Sir Or Madm

    I am writing to you about my issue recently I married Brazilian lady in 2013 but now she want to get divorce from me so can she do the divorce alone in Brazil or I must be there with her moreover what should I do with her ?

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    Respostas
    1. You both need participate. It can be done through a PoA. Please write me.

      Adler

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  9. What if a couple got married in the U.S and got their marriage certificate notarized and translated in Brazil? Do you still have to get a divorce in Brazil?

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  10. I am currently going through my homologação, and I was wondering if you could help me figure out what a trânsito em julgado is in English and how I could ask the courts for this? My lawyer in Brazil is asking me for this document, and I have no idea what he is talking about.

    Thank you

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    Respostas
    1. trânsito em julgado means that the process is over and a decision has been made.

      Excluir
  11. Sou casado no Brasil com separação total de bens, porém moro no exterior.
    Gostaria de me divorciar no Brasil, já que o pacto prenupcial tem mais valor ai.

    Como posso forçar um divórcio no Brasil e não no exterior?

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    Respostas
    1. Renato,

      Por favor me escreva em contato@adler.net.br.

      Adler

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  13. My Brazilian fiance was married to an American woman in USA and Brazil. they divorced in the USA in 2002. Is their USA divorce recognized in Brazil. he never thought to file a divorce in Brazil. We want to travel to Brazil and get married but am worried he may still be married to his ex? If so how do we correct this from here we reside in USA. Can it be done at the Brazilian embassy in Los Angeles?

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  14. How much does a PoA cost and would it be cheaper and quicker to divorce in Brazil?

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  15. Thank you very much for sharing information that will be much helpful for making coursework my effective.

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