Divorce in Brazil for foreigners can be a straightforward process or a complicated legal battle, depending on the circumstances. If you are a foreigner married to a Brazilian and considering divorce, it is important to understand the legal procedures, requirements, and costs involved.
1. Types of Divorce in Brazil
Brazilian law recognizes two main types of divorce: amicable (extrajudicial) divorce and litigious (judicial) divorce.
- Amicable Divorce (Extrajudicial): If both spouses agree on asset division, alimony, and child custody, the divorce can be processed quickly through a notary office (cartório). Requirements include:
- No minor or dependent children involved.
- Both parties must agree to all terms.
- Legal representation (a lawyer is required).
- Litigious Divorce (Judicial): If there is a dispute over assets, alimony, or child custody, the case must go through the Brazilian court system, which can take months or even years. This option is necessary when:
- One party does not agree to the divorce.
- There are minor or dependent children involved.
- There is a disagreement over financial matters.
2. Divorce Requirements for Foreigners
Foreigners divorcing a Brazilian citizen must comply with Brazilian family law. Key requirements include:
- Legal Representation: A lawyer registered with the Brazilian Bar Association (OAB) is required.
- Marriage Registration: The marriage must be legally recognized in Brazil.
- Divorce Petition: A divorce request must be filed with a notary (for amicable cases) or in court (for disputed cases).
- Property and Alimony Agreements: Depending on the marriage regime, assets may be divided equally or separately.
- Child Custody and Support: If children are involved, a judge will determine custody and financial support arrangements.
3. Cost and Duration of Divorce in Brazil
The cost and duration of divorce in Brazil for foreigners depend on whether the process is amicable or litigious.
- Amicable Divorce: Can be finalized within a few weeks and costs between R$1,000 to R$5,000, depending on lawyer fees and notary charges.
- Litigious Divorce: Takes several months or years and costs vary significantly, often starting at R$10,000, depending on court proceedings and legal fees.
4. International Divorce Recognition
If the marriage was registered abroad, the divorce may need to be recognized in Brazil. Steps include:
- Consular Registration: The foreign divorce decree must be authenticated and translated.
- Judicial Approval: In some cases, recognition by the Brazilian Supreme Court (STJ) is required.
- Updating Civil Records: The divorce must be recorded in the Brazilian marriage registry.
Conclusion
Divorce in Brazil for foreigners is generally straightforward but can become complex if there are disputes over assets, alimony, or child custody. If you are a foreigner divorcing a Brazilian, ensuring legal compliance and seeking professional assistance is crucial.
For legal guidance on divorce procedures, international marriage laws, or property division, Harcana Consulting offers expert support. Contact us today to navigate your divorce process smoothly.