How to Get Divorced in Brazil – brazilian divorce laws
Get divorced in Brazil via Power Attorney everywhere in Word
Divorce in Brazil between a Brazilian and a Foreigner with specialized Brazilian Divorce Lawyer
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Brazilian Divorce Laws
We will help you to get divorce process less stressful and garantee that your legal rights will be protected.
If you are a expat living in Brazil and you are considering divorcing or separating from your spouse or partner, you will be wondering where to begin and what law will apply to you.
We help Foreign clients and assist them to divorce through the Brazilian courts, and achieve a financial settlement under Brazilian law.
Santos Divorce Attornay is a senior associate based in São Paulo office and speaks english to help in your Divorce Case.
Brazil Divorce System
People can Use Power of Attorney: for foreign nationals
The Brazilian Consulate can issue public powers of attorney to foreign nationals with full mental capacity over the age of 18 who hold a valid RNE (National Registry of Foreigners) card. – RNE cards are only granted to foreign nationals who hold permanent visas and live in Brazil.
Divorce 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: 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.
Divorce Process in Brazil
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.
Dissolving Foreign Marriages: Even though the marriages were formalized outside, its valid in Brazil when properly registered in Brazil.
There are two ways for a Brazilian and a foreigner to get a legal divorce in Brazil.
The couple can either conduct their divorce proceeding in Brazil or they can have their foreign divorce done abroad and after it must be homologized in Brazil.
Brazil Divorce Decree
Divorces that take place abroad will only be recognized as valid in Brazil after they have gone through a judicial process in a Superior Court of Brazil – Foreigners can apply for a homologation by proxy with the a Brazilian lawyer.
Divorce in Brazil Requires a Valid Marriage: This means that the couple must have first gotten married in Brazil or their foreign marriage must have been properly registered in Brazil to Start a Divorce Process.
The Amicable or Uncontested Divorce: This is a quickest divorce – the divorce is amicable, or uncontested when the couple agrees to all of the terms of the divorce. In this case the divorce can be done by the notary office.
The Contested Divorce: Ocurrs when the couple can’t agree to the terms of the divorce – in this case they must each hire attorneys to settle matters such as child custody, visitation rights, child support, division of marital property, and alimony payments.
Divorce in Brazil Law
Required Documentation to get Divorced in Brazil:
The Start the Divorce procedures, the Brazilian lawyer must have the following documents – Divorce:
- 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.
How much does a divorce cost in brazil?
The maximum fee for divorce in Brazil is 6% of the couple’s total assets; however, attorney fees, court fees, and the costs of mediation or litigation can add up to more real brasileiros
For Foreigns expats living in Brazil, please contact us for advice on divorce and family law matters. Initial telephone advice is free and always with aSantos senior lawyer – Please In case de divorce and family laws in Brazil, please contact us
Call 24/7 Attorney using 55 11 999114671 (whatsapp messager).