Divorce Brazil – How to Get Divorced in Brazil
In Brazil, After January 5, 2007 (with the Law Number 11.441/2007) it is easier to get an extra-judicial Divorce in Brazil, meaning the parties do not have to file a lawsuit and go throughout the Judicial process. Nonetheless, the parties must still hire at least one common attorney, which, in this case, is called the Single Intervenient Attorney to handle with Divorce in Brazil.
Divorce Brazil: if the couple has no minor nor incapable offspring and has agreed in the dissolution of their marriage and its terms (settlement), you can hire a single or common attorney and a public notary who will act together and execute a Public Deed of Separation or Divorce, which can be achieved in a few days only.
For foreign nationals that live outside Brazil, there is an even better option, you can get Divorce in Brazil, through a Power of Attorney. I have already worked in several Separations via Power of Attorney, in other words, parties do not have to be present in Brazil for their Separation nor their Divorce in such cases. Basically they only must retain a single attorney, issue Power of Attorneys, and share all the related costs.
Please note that Congress is currently working on a new law which will end the waiting period to get a divorce, and also end the separation procedure once for all, which will allow couples to get their divorce directly.
Required Documentation to get Divorced in Brazil
The Start the Divorce procedures, the Brazilian lawyer must have the following documents – Divorce Brazil:
- The updated (up to 90 days) marriage certificate;
- A complete foreign sentence or declaration of divorce;
- A written and notarized statement from the former spouse declaring that he or she approves of the divorce;
- A document showing any post-divorce name changes;
- A power of attorney granting the lawyer the power to apply for the homologation in Brazil.
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