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:

37 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

    ResponderExcluir
    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

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

    ResponderExcluir
  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

    ResponderExcluir
  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......

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

      Thanks,

      Adler

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

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

      Adler

      Excluir
    2. Este comentário foi removido pelo autor.

      Excluir
  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

    ResponderExcluir
    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.

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

      Excluir
  7. Este comentário foi removido pelo autor.

    ResponderExcluir
    Respostas
    1. Dear reader,

      Please write me at contato@adler.net.br

      Adler

      Excluir
  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 ?

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

      Adler

      Excluir
  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?

    ResponderExcluir
  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

    ResponderExcluir
    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?

    ResponderExcluir
    Respostas
    1. Renato,

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

      Adler

      Excluir
  12. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  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?

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

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

    ResponderExcluir
  16. After being in relationship with him for seven years,he broke up with me, I did everything possible to bring him back but all was in vain, I wanted him back so much because of the love I have for him, I begged him with everything, I made promises but he refused. I explained my problem to someone online and she suggested that I should rather contact a spell caster that could help me cast a spell to bring him back but I am the type that never believed in spell, I had no choice than to try it, I mailed the spell caster, and he told me there was no problem that everything will be okay before three days, that my ex will return to me before three days, he cast the spell and surprisingly in the second day, it was around 4pm. My ex called me, I was so surprised, I answered the call and all he said was that he was so sorry for everything that happened, that he wanted me to return to him, that he loves me so much. I was so happy and went to him, that was how we started living together happily again. Since then, I have made promise that anybody I know that have a relationship problem, I would be of help to such person by referring him or her to the only real and powerful spell caster who helped me with my own problem and who is different from all the fake ones out there. Anybody could need the help of the spell caster, his email: drosedebamenspellhome@gmail.com you can email him if you need his assistance in your relationship or anything. CAN NEVER STOP TALKING ABOUT YOU SIR HIS EMAIL ADDRESS IS:drosedebamenspellhome@gmail.com CONTACT HIM NOW FOR SOLUTION TO ALL YOUR PROBLEM

    ResponderExcluir
  17. My names is Cathy i want to testify about the great spell caster called Priest Ade my husband and i have been married for 5 years now we don't have a child and the doctor told us i can't give birth because my womb have been damaged due to wrong drugs prescription this got me so worried and my husband was not happy so he decided to get married to another girl and divorce me i was so sad i told my friend about it she told me about a powerful spell caster she gavae me his email address well i never believe in it that much though i just decided to give him a try and he told me it will take 24hrs to get my husband back to me and i will get pregnant i doubted him the 3rd day my husband came back to me and was crying he said he didn't want the divorce anymore 3 weeks after the doctor confirmed that i was pregnant he can also help you Email him at ancientspiritspellcast@yahoo.com or ancientspiritspellcast@gmail.com WhatsApp +2347059715465

    ResponderExcluir
  18. Hi to everyone that I am Rhonda Wildmer and I'm from Canada, I fought my husband about three years ago and since then he refused to talk to me or even take care of our family business abandoned us and went after another woman with three children two girls and a boy last week a friend of mine introduced me to a witch called Dr. Olorun dudu who helped me bring my husband back many think it's a scam , but I promise that there is nothing compared to that you do not even get close if you have some problems in having or receiving your former back you can contact the lovely and wonderful castle Dr. Olorun I go to this address and he is willing to you help via: priestolorunduspellcast@hotmail.com or Whatsapp + 2348131064992

    ResponderExcluir
  19. BEST EFFECTIVE LOVE-SPELL TO GET YOUR EX BOYFRIEND/GIRLFRIEND BACK FAST!. I’m so excited! Thanks to Dr.Unity for bringing back my Ex-husband and brought great joy to me today! Unityspelltemple@gmail.com is certainly the best spell caster online,and his result is 100% guarantee..
    After 12years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that Dr Unity can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a (Love spell) for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before, All thanks to Dr Unity. he is so powerful and i decided to share my story on the internet that Dr.Unity real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact: Email him at: Unityspelltemple@gmail.com ,
    you can also call him or add him on Whats-app: +2348071622464 ,
    you can also visit his website: https://unityspelltempe.blogspot.com .

    ResponderExcluir
  20. Today I'm so happy because of what Dr Miracle has done to my life. his spell is so great and fast, i have never really see a helpful man like him, he solved my problem i didn't expect, i came across him on face book people talking about his great spell work, i collected his contact and contacted him he responded immediately and ask about my problem i explain to him with tears, he told me contacting him i should not be worried my husband will come back to me as far i still love him, i was amaze. Immediately i ask what will i do to get my husband back, he gave me instructions and ask for his name and picture which immediately i obey and follow, he promise me two days my husband will call me to believe about his work, Honestly speaking my husband called but i miss his calls i was so happy. He promise me my husband will come back home within 48 hour and i should open my hearth and work with him which i did. Today my family is back again with the help of Dr Miracle, has bring back my husband after he left me for another woman in other state, you know how it feels when you loose your loved husband for another woman, you do anything to get him back. today i promise to share and tell the world about his great work because I'm so happy today. contact Him If You Need His Help Too, Ignore if You Don't. Thanks Dr Miracle,,"CONTACT Via Email,,,(((MIRACLESPELLHOME@YAHOO.COM))

    ResponderExcluir
  21. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  22. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  23. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  24. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  25. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  26. Este comentário foi removido por um administrador do blog.

    ResponderExcluir

Do you have any doubts or suggestions? Leave your message (the comments shall not be considered as legal advice)