terça-feira, 22 de outubro de 2013

Extrajudicial divorce in Brazil

When it comes to getting a divorce in Brazil when one of the spouses is a foreigner you can either go judicial or extrajudicial.

The second options is faster and cheaper, but there are some requisites that must be observed. First of all, you better have the original marriage certificate in hands. The registry office will demand it and you will have no other option than obtaining a duplicate in case of loss.

There is a lot of other information that will be required, as for instance the personal documents of the spouses, documents of the lawyers (yes! Even if it is extrajudicial, the spouses will need a lawyer for assist them!), description of the sharing of assets (only if there is one), among many others.

This is the case of one of our Clients, Mr. J'onn J'onzz. Here follows our advice to him:

Mr.  J'onn J'onzz

I see that you have sent me the translation of the marriage certificate. Do you have the original marriage certificate in portuguese?

I sent you the draft of the Power of Attorney.

Before you sign it, I'll need to fill the information regarding your address, as well as Ms. J'onzz address. I also need to know, one information required by Brazilian law: for how long have you both been separated? 

After we finish drafting the POA and all the documents are duly certified in a public registry office of your country, we'll need to take the documents and the POA to be authenticated at the brazilian consulate or embassy, depending of where you live.

You'll need to fill a form (I send the form attached to this e-mail, and I'll assit you in filling it). You'll also need to bring the original and a copy of both yours and Ms. J'onzz personal documents and pay the value of 20.00 euros at the consulate.

Besides, it is important to note that the extrajudicial divorce is only an option if consensual, i.e., it is mandatory that both parties want to get divorced. Also, it is only possible if you and your wife do not have minor children.

If you have all the documents needed in hands and fulfill all the conditions to be entitled for an extrajudicial divorce, it is preferable do divorce before a registry office since the extrajudicial option might be concluded in only one day.

However, do not dispirit yourself if the extrajudicial option is not possible. You still have the judicial option and, even if it takes longer, it is as effective as the other one.



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