“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.
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:
