Marriage and Divorce in Brazil

MARRIAGE AND DIVORCE IN BRAZIL

Dr. Maurício Ejchel
International Family Lawyer (Brazil)

This article explains the legal concepts of marriage and divorce in Brazil and provides a clear understanding of these important civil matters, along with the rights and obligations they create and their legal repercussions.

Title I – MARRIAGE

Marriage in Brazil requires two individuals, legally eligible and free of any impediments, to enter into a union based on mutual consent. Under Brazilian law, the minimum age to marry is 18 years old. However, minors aged 16 and 17 may marry with parental or legal guardian consent. Marriage for individuals under 16 years old is strictly prohibited, even with consent.

The rules governing marriage are established by the Brazilian Civil Code (Código Civil Brasileiro), which clearly specifies who may marry, the procedures required for marriage, and the conditions necessary for legal validity.

Under Brazilian law, only marriages registered at a civil registry (cartório) are legally valid. Religious ceremonies, while common, have no legal value unless officially registered. Same-sex marriage has been legally recognized in Brazil since 2011, granting couples equal rights, including adoption, inheritance, pension, and health benefits.

To register a marriage, the required documents must be submitted to the Cartório de Registro Civil, which will publish the intent to marry for 15 days to allow for any objections. If no objections arise, the marriage can be officiated at the registry office.

Non-Brazilians must present a valid passport as their primary identification to initiate the marriage process, along with a birth certificate duly legalized or apostilled and translated by a sworn translator, as well as a declaration of civil status, also authenticated and translated according to legal requirements, and pay the applicable fees and costs.

Marriage with a Brazilian national grants the foreign spouse the right to live, work, and apply for naturalization in Brazil after four years, or one year if they have a Brazilian child or remain in an unseparated marriage.

Marriage has international legal effects, preventing remarriage without prior dissolution, even if unregistered in Brazil. Under Brazilian law, marrying while still legally bound constitutes fraud, ideological falsehood, and bigamy, rendering the new marriage null and void.

To confirm single status, a Certificate of Civil Status from the non-Brazilian’s home country must be legalized by a Brazilian Consulate or Embassy, translated into Portuguese by a sworn translator, and notarized in Brazil before Public Notarial procedures (Registro de Títulos/Cartório de Registro Civil).

If one or both individuals were previously married, a Divorce Decree or Death Certificate of the former spouse must be presented, duly legalized, and officially translated.

In Brazil, if a non-Portuguese-speaking individual intends to marry, the presence of a sworn interpreter is required throughout the marriage process. This includes all stages, from completing the marriage registration form to the ceremony itself. The interpreter’s role is to ensure that the non-Portuguese-speaking party fully understands all legal aspects of the marriage, such as the choice of matrimonial regimes and the rights and obligations arising from the union.

Marriages between Brazilians and non-Brazilians in any other country must be registered at the Brazilian Consulate and transcribed in Brazil within 180 days to ensure full legal validity, protecting property rights, inheritance, social security benefits, and other legal entitlements.

Brazilian Law authorizes several formats of MATRIMONIAL REGIMES that will legally set the parameters for your marriage and the management of assets, particularly in case of divorce, death, and inheritances. Marital Regimes are not subject to be changed after the signature of the marriage act.

Title II – MATRIMONIAL REGIMES

In Brazil, the three primary matrimonial regimes are “Comunhão Parcial de Bens (Partial Communion of Assets)”, “Separação de Bens (Separation of Assets),” and “Comunhão Universal de Bens (Universal Communion of Assets).”

Comunhão Parcial de Bens or Partial Communion of Assets means that all the assets acquired during the marriage, as well as any debts incurred during the marriage, are considered communal property, subject to equal division in the event of divorce or dissolution. This is the standard matrimonial regime in Brazil, most commonly adopted nationwide.

Comunhão Universal de Bens or Universal Communion of Assets means that all assets, whether acquired before or during the marriage—excluding those received by inheritance or donation with specific incommunicability clause—are jointly owned by the spouses and equally divided in the event of divorce or dissolution.

Separação de Bens or Separation of Assets signifies that each spouse maintains exclusive ownership of their assets and financial responsibilities during the marriage, with no commingling of resources. This arrangement ensures that assets acquired before and during the marriage remain separate, and debts incurred are the sole responsibility of the spouse who accrued them.

Brazilian law has established that the Separation of Property regime is compulsory when a spouse is over 70, under 18, or has unresolved asset division, aiming to prevent financial exploitation. However, in 2024, the Brazilian Supreme Court ruled that individuals over 70 may waive this impediment by public deed, reinforcing “free will” rights protection.

To institute a Separation of Assets regime, it is mandatory to draft a Prenuptial Agreement, known as “Contrato de Pacto Antenupcial.”, that delineates the financial boundaries and property rights of each party. Such an arrangement is often the preferred choice for individuals aiming to safeguard pre-marital assets or uphold distinct financial arrangements.

Title III – PRENUPTIAL AGREEMENT

Pacto Antenupcial or Prenuptial Agreement is a written agreement in which prospective spouses lay out their financial rights and obligations within the marriage.

Established prior to the marriage by means of a public deed (Escritura Pública) at a Public Notary Office in Brazil, this agreement provides an explicit definition of the Separation of Assets, encompassing assets acquired before or during the marriage.

After formalization, it is presented to the Civil Registry Office, becoming an integral annex to the marriage certificate upon marriage, and subsequently registered at the Property Registry Office to guarantee its full legal validity and enforceability. Brazilian law does not authorize or recognize the validity of Postnuptial Agreements.

An International Prenuptial Agreement is a private legal contract between prospective spouses from different jurisdictions. It establishes their financial rights and obligations during marriage and in cases of divorce, death, or inheritance. The agreement must comply with the formal and substantive legal requirements of one or more countries and cannot conflict with applicable matrimonial property regimes.

Title IV – MARRIAGE via POWER-OF-ATTORNEY (INDIRECT MARRIAGE)

Under Brazilian law, a non-Brazilian can legally marry without being physically present in the country by appointing a representative through a Power of Attorney (POA) containing specific authorization (“autorização específica”) to sign documents and contract the marriage (“contrair casamento”) on their behalf.

The appointed representative will fulfill all procedural requirements at the Notary Office, and the resulting marriage will have the same legal validity, rights, and obligations as if both parties were physically present.

After getting married in Brazil, you’ll receive a marriage certificate. To register it internationally, you’ll also need to have it translated and obtain the Hague Apostille.

Title V – STABLE UNION (UNIÃO ESTÁVEL – CIVIL UNION)

União Estável or Stable Union in Brazil refers to a legally recognized partnership between two individuals who maintain a continuous, public, and lasting relationship with the intention of forming a family. It does not require formal marriage procedures, specific duration, or official registration; however, formalizing the union through a public deed at a notary office is a common and advisable procedure adopted in Brazil.

Partners in a Stable Union share similar legal rights and responsibilities to those in marriage, including mutual support, fidelity, shared domestic responsibilities, inheritance rights, and pension benefits.

The dissolution of a Stable Union can occur either extrajudicially—when both parties agree, have no minor or dependent children, and have resolved all property matters amicably—or judicially when disputes arise over property division, child custody, or financial obligations. Legal representation is mandatory in either scenario.

Upon dissolution, assets acquired during the Stable Union are typically divided equally under the partial community property regime, unless an alternative arrangement was formally agreed upon. Children from the Stable Union hold identical legal rights as those born within marriage.

A party can request judicial recognition of a stable union to establish its legal existence, especially in cases where the other party denies the relationship or when seeking rights equivalent to those of a spouse, such as inheritance, asset division, or social security benefits.

In such a case, the court will analyze the presented evidence to determine whether the relationship meets the legal criteria for a stable union, including public, continuous, and lasting cohabitation with the intent to form a family (the presence of a child is also an indicative commonly accepted in Court).

If recognized, the stable union grants rights similar to those of marriage, ensuring legal protection for asset division, inheritance, and social security benefits, even when one party initially denies its existence.

Title VI – DIVORCE IN BRAZIL

Divorce in Brazil is a procedure that leads to the dissolution of marital ties, formally extinguishing all reciprocal duties inherent to marriage, including fidelity, cohabitation, and mutual assistance. It involves a thorough resolution of financial matters, such as asset division and settlement of debts, alongside clear definitions regarding parental responsibilities, custody, visitation rights, and child support, thus mirroring the essential features in divorces internationally.

An unconditional right, divorce can be requested at any moment in Brazil, with no 12-month waiting period, physical separation, or other preconditions. The procedure relies exclusively on the expressed intention of one or both spouses, eliminating any necessity of proving fault, justification, or wrongdoing by either spouse.

In Brazil, there are two primary procedures for obtaining a divorce: the judicial divorce, conducted through the Court system, and the extrajudicial divorce, which is typically a less formal and expedited procedure.

Extrajudicial divorce is applicable exclusively when spouses mutually agree upon all relevant issues, including the distribution of marital assets, and provided there are no minor or incapable children involved. This procedure occurs outside court via a notarial deed (escritura pública), requiring mandatory representation by an attorney and allowing for an expedited and simplified resolution.

In contrast, judicial consensual divorce is necessary when spouses agree on the terms but have minor or incapable children, and demand court intervention to ensure that the children’s rights and interests are duly protected. Although consensual, this form demands formal judicial procedures, such as petition filing by a lawyer, and judicial approval of agreements regarding custody, visitation, child support, and asset distribution.

Judicial litigious divorce is a judicial procedure held in court when spouses disagree on fundamental matters and choose to resolve their disputes through legal means. It involves the court’s intervention to assess asset division, custody arrangements, visitation rights, and child support amounts. The judge evaluates the claims, reviews evidence, and issues binding decisions, ensuring a legally enforceable resolution to all contested aspects of the dissolution.

Divorces of Brazilians executed abroad must be homologated (validated) in Brazil to be legally effective and ensure that all legal definitions established in the original foreign divorce are recognized within the country.

This procedure is conducted through registration before the Brazilian Superior Tribunal de Justiça (STJ) and requires the presentation of essential information from the original divorce decree. Before initiating a divorce in Brazil, foreign nationals are required to secure a CPF (identity), that can be acquired online, via the Brazilian Revenue Agency (Receita Federal) online services.

Divorces from marriages celebrated in another country can be processed if at least one spouse resides or has a domicile in the country. If the marriage was previously registered at a Brazilian Consulate, it is considered automatically valid, and the divorce can proceed normally. Otherwise, the foreign marriage certificate must first be transcribed at the 1st Civil Registry Office of the Brazilian spouse’s domicile or, if unavailable, in the Federal District. Only after this step can the divorce be legally requested in Brazil.

Title VII – SEPARATION “DE FACTO “

Separation “De Facto “is the legal term that refers to the effective separation of a married couple, that occurs when the couple no longer constitutes a family unit, by ceasing cohabitation and marital relations, even if there has been no judicial decree of separation.

The main legal effect of separation de facto is the termination of conjugal duties, such as being faithful to each other and providing mutual assistance.

Additionally, de facto separation results in the incommunicability of property, meaning that all assets acquired by each spouse after separation are not subject to division during a divorce.

It is relevant to observe that this status can be challenged in Court by the other spouse, demanding to be proved by any means of evidence admitted in law, such as witness testimony, documents, or even photographs.

Title VIII – BRAZILIAN CHILDREN

Children born within marriage fall under the equal responsibility of both parents, granting the foreign parent legal standing through the child’s Brazilian nationality. This status allows the non-Brazilian parent to apply for a permanent visa, ensuring the right to reside and work in Brazil. The child’s nationality serves as the foundation for these rights, reinforcing family unity and legal stability.

In cases of divorce or separation, Brazilian courts prioritize the child’s best interests, often favoring joint custody arrangements. The Brazilian Civil Code emphasizes shared parental responsibility, ensuring both parents remain actively involved in their child’s upbringing. Factors such as each parent’s financial capacity, emotional stability, and involvement in the child’s life are considered in custody decisions.

In fact, according to Brazilian law, fathers and mothers have equal rights regarding all aspects involving their children, both during marriage and after divorce. Separation does not diminish paternal rights, which remain protected by law and ensure the father’s continued role in co-parenting, providing care, and making essential decisions in the child’s upbringing.

Title IX – CHILD CUSTODY

Child custody arrangements in Brazil are determined based on the fundamental principle of prioritizing the child’s best interests and ensuring their physical, emotional, and psychological well-being. Judicial decisions focus on stability and development until adulthood, considering the child’s needs rather than the parents’ preferences.

“Shared Custody (Guarda Compartilhada)” is the prevalent custody model. Under this system, both parents bear equal responsibilities concerning the child’s well-being. This arrangement doesn’t mean the child’s time is divided equally between the two parents, but rather, both parents have a shared right concerning the main decisions about the child’s life.

The “Unilateral Custody (Guarda Unilateral)” is a second custody model where a single parent assumes full and sole responsibility for the child’s daily care and major decisions.

The right of visitation is guaranteed to the parent who does not have custody of the child, allowing for regular interaction, visitation, and overall supervision to ensure the child’s well-being is duly preserved.

Regardless of the custody model established by the Court, a second element is the designation of a Primary Custodian – the parent entitled to physical custody of the child, with whom the child’s primary residence is established.

Title X – CHILD VISITATION

The non-custodial parents are legally entitled to regular visitation or parental time, typically including alternate weekends from Friday evening to Sunday evening and, in some cases, midweek visits, depending on mutual agreement and the child’s schedule. School vacations are usually divided, allowing both parents extended time with the child during holidays such as Christmas, New Year, birthdays, and the mid-year break.

Parents residing outside Brazil may request the court to grant compensatory visitation, allowing extended parenting time during school vacations, typically ranging from 15 to 30 consecutive days, ensuring meaningful parent-child interaction despite geographical distance.

Courts also encourage regular virtual communication through video calls, and, in some cases, international travel with the child may be permitted, always subjected to specific legal authorization.

Compliance with Brazilian law and international agreements, including the Hague Convention, ensures the enforcement and protection of cross-border visitation rights.

Title XI – CHILD SUPPORT

Child support is determined by a judge based on two key factors: the child’s everyday needs and the non-custodial parent’s financial capacity. The calculation considers the child’s living expenses, like education, healthcare, and overall sustenance, ensuring a fair and proportional contribution from the other responsible parent.

When a spouse requests child support in Court on behalf of a child, the judge may immediately establish a provisional amount to be paid, before reviewing the other party’s arguments. This measure is based on the principle of the child’s immediate need for financial support, ensuring that essential expenses such as food, healthcare, and education are covered while the case is under review.

Local Family Courts adopt a hybrid approach to calculating child support, structuring the assessment based on the paying parent’s employment status and incorporating both alternatives within a single ruling.

If the parent is formally employed, the court sets the amount at 20% to 30% of their net income for all children combined. If the parent is unemployed, self-employed, or a business owner, a fixed minimum amount is established per child, monthly ranging from USD 500 to USD 5,000 or more, depending on the case.

Child support obligations generally last until the child turns 18, but they may be extended if the child remains in (superior) education, such as attending college.

Non-payment of child support can result in legal consequences, including enforced collection, asset seizure, fines, and imprisonment, serving as mechanisms to ensure compliance with outstanding obligations.

Since 2017, Brazil has adopted provisions from the Hague Convention on Child Support, significantly expediting the international recovery of unpaid child support. The debtor’s home country can enforce payment through measures such as wage garnishment, account freezing, asset liens, tax refund withholding, pension benefit deductions, credit agency notifications, and license suspensions.

Title XII – ALIMONY – SPOUSE SUPPORT

Spousal support in Brazil is granted based on financial need and the paying party’s ability, ensuring that the economically dependent spouse maintains a dignified standard of living after divorce or separation.

It is generally temporary, except in cases of permanent disability or inability to work. Factors such as age, health, professional qualifications, and the time required to achieve financial independence are considered in determining the obligation.

Spousal support obligations may be suspended or terminated if the recipient enters a new marriage or stable union, achieves financial independence, or if the payer experiences significant financial hardship, warranting modification or cessation of payments.

Title XIII – VISITATION RIGHTS:

Brazilian law upholds the right of non-custodial parents to maintain regular contact with their children following separation or divorce, recognizing the importance of both parents’ involvement in a child’s life. This right is protected under the Statute of the Child and Adolescent, which emphasizes the child’s best interests and the necessity of preserving family bonds.

To enforce visitation rights, affected parents can file a legal action in family court. The court may issue orders to ensure compliance with visitation schedules, and persistent violations can lead to changes in custody or other penalties. The primary consideration in these cases is the child’s well-being and the preservation of healthy relationships with both parents.

Obstructing a parent’s visitation rights can lead to legal consequences. The Parental Alienation Law (Law No. 12.318/2010) addresses behaviors that interfere with a child’s relationship with the other parent, such as hindering contact or creating negative perceptions. Identified acts of parental alienation can result in judicial measures, including warnings, fines, modifications of custody arrangements, or mandated counseling.

Title XIV – PARENTAL ALIENATION

Parental Alienation Syndrome (PAS), refers to a situation where a child is influenced by one parent to unjustly reject the other, often during custody disputes. This behavior can be considered a form of psychological manipulation and may harm the child’s relationship with the alienated parent. This harmful tactic serves as both psychological violence against the partner and a form of child abuse, yet it remains difficult to identify and penalize.

Brazilian law defines parental alienation under Law No. 12,318/2010 as interference in a child’s psychological development that damages their relationship with a parent. Courts may impose sanctions such as warnings, fines, or custody modifications to protect the child’s well-being. The legal framework prioritizes preserving parental bonds and preventing manipulation that harms the child’s emotional stability.

In the U.S., the UCCJEA regulates jurisdiction in child custody disputes, with courts evaluating parental alienation based on the child’s best interests, though approaches differ by state. France, under Article 373-2-10 of the Civil Code, reinforces the child’s right to maintain ties with both parents, encouraging mediation unless concerns of violence or coercion arise.

Title XV – DOMESTIC VIOLENCE

Domestic violence in Brazil is defined as any act that causes physical, psychological, sexual, patrimonial, or moral harm within a domestic or family relationship. The Maria da Penha Law establishes legal procedures for prevention, protection, and accountability in cases involving spouses, partners, or cohabitants, reinforcing state intervention in family-based violence.

The law introduced protective orders, including restraining measures, removal of the aggressor from the home, suspension of firearm possession, and prohibition of contact with the victim. The judiciary grants these measures upon request from the victim or authorities and aims to prevent further harm.

Brazilian family law is considered adequately structured, aligning with international standards while maintaining distinct nuances that require careful consideration. Understanding these particularities is essential to ensuring legal certainty and safeguarding the interests of all parties involved, regardless of nationality.

Title XVI – INHERITANCE IN BRAZIL

Under Brazilian inheritance law, upon the death of a married individual, assets considered communal (those acquired during marriage under a regime such as partial community property) are initially divided equally: 50% belong automatically to the surviving spouse, while the remaining 50% constitute the deceased spouse’s estate and are distributed proportionally among all legal heirs. This proportional division includes all descendants (children, grandchildren), ascendants (parents, grandparents), independently of their age, legitimacy, or whether they are full or half-siblings.

The distribution of the deceased’s estate occurs through a formal probate procedure known as inventário (probate). This process involves identifying and appraising all assets and debts left by the deceased, ensuring the settlement of any outstanding obligations, including taxes such as the ITCMD (Inheritance and Donation Tax – Imposto sobre Transmissão Causa Mortis e Doação), which varies between 2% and 8%, depending on the Brazilian state.

An executor (inventariante) is appointed by the heirs or a judge to manage the probate, responsible for protecting assets, settling debts, and distributing the remaining estate according to the law or the deceased’s will.

Inheritance disputes frequently arise around the classification of assets as communal (subject to division) or non-communal (separate property), the validity of wills, or disagreements among heirs regarding their legal shares.

Brazilian courts resolve these disputes according to clear provisions in the Civil Code, established marital property regimes, and relevant case law. Non-communal assets—such as those acquired before marriage or received as inheritance or gifts—generally bypass the surviving spouse, transferring directly and proportionally to the deceased’s other legal heirs, unless otherwise stated by law or will.

If you are facing marital questions and need guidance on your rights in Brazil, we can discuss your situation in a consultation. Marriage and divorce are not just legal matters—they involve decisions that deeply impact your life.

Thank you. I hope this article helps you to carry your legacy with clarity and justice.

Dr. Mauricio Flank Ejchel
International Family Lawyer – Brazil
🔗www.internationallawyerbrazil.com

If you’re involved in a child custody or divorce dispute with a Brazilian spouse, this short video may help you understand your legal options and what actions can be taken — especially if your child is already in Brazil.

👉 <a href=”https://wa.me/5511984335841″ target=”_blank”>Click here to speak with Dr. Mauricio Ejchel on WhatsApp</a>.

Title I – MARRIAGE

However, minors aged 16 and 17 may marry with parental or legal guardian consent. Marriage for individuals under 16 years old is strictly prohibited, even with consent.

To register a marriage, the required documents must be submitted to the Cartório de Registro Civil, which will publish the intent to marry for 15 days to allow for any objections. If no objections arise, the marriage can be officiated at the registry office.

Non-Brazilians must present a valid passport as their primary identification to initiate the marriage process, along with a birth certificate duly legalized or apostilled and translated by a sworn translator, as well as a declaration of civil status, also authenticated and translated according to legal requirements, and pay the applicable fees and costs.

If one or both individuals were previously married, a Divorce Decree or Death Certificate of the former spouse must be presented, duly legalized, and officially translated.

In Brazil, if a non-Portuguese-speaking individual intends to marry, the presence of a sworn interpreter is required throughout the marriage process. This includes all stages, from completing the marriage registration form to the ceremony itself. The interpreter’s role is to ensure that the non-Portuguese-speaking party fully understands all legal aspects of the marriage, such as the choice of matrimonial regimes and the rights and obligations arising from the union.

Marriages between Brazilians and non-Brazilians in any other country must be registered at the Brazilian Consulate and transcribed in Brazil within 180 days to ensure full legal validity, protecting property rights, inheritance, social security benefits, and other legal entitlements.

Brazilian Law authorizes several formats of MATRIMONIAL REGIMES that will legally set the parameters for your marriage and the management of assets, particularly in case of divorce, death, and inheritances. Marital Regimes are not subject to be changed after the signature of the marriage act.

Title II – MATRIMONIAL REGIMES

In Brazil, the three primary matrimonial regimes are “Comunhão Parcial de Bens (Partial Communion of Assets)”, “Separação de Bens (Separation of Assets),” and “Comunhão Universal de Bens (Universal Communion of Assets).”

Comunhão Parcial de Bens or Partial Communion of Assets means that all the assets acquired during the marriage, as well as any debts incurred during the marriage, are considered communal property, subject to equal division in the event of divorce or dissolution. This is the standard matrimonial regime in Brazil, most commonly adopted nationwide.

Comunhão Universal de Bens or Universal Communion of Assets means that all assets, whether acquired before or during the marriage—excluding those received by inheritance or donation with specific incommunicability clause—are jointly owned by the spouses and equally divided in the event of divorce or dissolution.

Separação de Bens or Separation of Assets signifies that each spouse maintains exclusive ownership of their assets and financial responsibilities during the marriage, with no commingling of resources. This arrangement ensures that assets acquired before and during the marriage remain separate, and debts incurred are the sole responsibility of the spouse who accrued them.

To institute a Separation of Assets regime, it is mandatory to draft a Prenuptial Agreement, known as “Contrato de Pacto Antenupcial.”, that delineates the financial boundaries and property rights of each party. Such an arrangement is often the preferred choice for individuals aiming to safeguard pre-marital assets or uphold distinct financial arrangements.

Title III – PRENUPTIAL AGREEMENT

Pacto Antenupcial or Prenuptial Agreement is a written agreement in which prospective spouses lay out their financial rights and obligations within the marriage.

Established prior to the marriage by means of a public deed (Escritura Pública) at a Public Notary Office in Brazil, this agreement provides an explicit definition of the Separation of Assets, encompassing assets acquired before or during the marriage.

After formalization, it is presented to the Civil Registry Office, becoming an integral annex to the marriage certificate upon marriage, and subsequently registered at the Property Registry Office to guarantee its full legal validity and enforceability. Brazilian law does not authorize or recognize the validity of Postnuptial Agreements.

An International Prenuptial Agreement is a private legal contract between prospective spouses from different jurisdictions. It establishes their financial rights and obligations during marriage and in cases of divorce, death, or inheritance. The agreement must comply with the formal and substantive legal requirements of one or more countries and cannot conflict with applicable matrimonial property regimes.

Title IV – MARRIAGE via POWER-OF-ATTORNEY (INDIRECT MARRIAGE)

After getting married in Brazil, you’ll receive a marriage certificate. To register it internationally, you’ll also need to have it translated and obtain the Hague Apostille.

Title V – STABLE UNION (UNIÃO ESTÁVEL – CIVIL UNION)

União Estável or Stable Union in Brazil refers to a legally recognized partnership between two individuals who maintain a continuous, public, and lasting relationship with the intention of forming a family. It does not require formal marriage procedures, specific duration, or official registration; however, formalizing the union through a public deed at a notary office is a common and advisable procedure adopted in Brazil.

A party can request judicial recognition of a stable union to establish its legal existence, especially in cases where the other party denies the relationship or when seeking rights equivalent to those of a spouse, such as inheritance, asset division, or social security benefits.

Title VI – DIVORCE IN BRAZIL

In Brazil, there are two primary procedures for obtaining a divorce: the judicial divorce, conducted through the Court system, and the extrajudicial divorce, which is typically a less formal and expedited procedure.

Extrajudicial divorce is applicable exclusively when spouses mutually agree upon all relevant issues, including the distribution of marital assets, and provided there are no minor or incapable children involved. This procedure occurs outside court via a notarial deed (escritura pública), requiring mandatory representation by an attorney and allowing for an expedited and simplified resolution.

In contrast, judicial consensual divorce is necessary when spouses agree on the terms but have minor or incapable children, and demand court intervention to ensure that the children’s rights and interests are duly protected. Although consensual, this form demands formal judicial procedures, such as petition filing by a lawyer, and judicial approval of agreements regarding custody, visitation, child support, and asset distribution.

Judicial litigious divorce is a judicial procedure held in court when spouses disagree on fundamental matters and choose to resolve their disputes through legal means. It involves the court’s intervention to assess asset division, custody arrangements, visitation rights, and child support amounts. The judge evaluates the claims, reviews evidence, and issues binding decisions, ensuring a legally enforceable resolution to all contested aspects of the dissolution.

Divorces of Brazilians executed abroad must be homologated (validated) in Brazil to be legally effective and ensure that all legal definitions established in the original foreign divorce are recognized within the country.

This procedure is conducted through registration before the Brazilian Superior Tribunal de Justiça (STJ) and requires the presentation of essential information from the original divorce decree. Before initiating a divorce in Brazil, foreign nationals are required to secure a CPF (identity), that can be acquired online, via the Brazilian Revenue Agency (Receita Federal) online services.

Divorces from marriages celebrated in another country can be processed if at least one spouse resides or has a domicile in the country. If the marriage was previously registered at a Brazilian Consulate, it is considered automatically valid, and the divorce can proceed normally. Otherwise, the foreign marriage certificate must first be transcribed at the 1st Civil Registry Office of the Brazilian spouse’s domicile or, if unavailable, in the Federal District. Only after this step can the divorce be legally requested in Brazil.

Title VII – SEPARATION “DE FACTO “

Separation “De Facto “is the legal term that refers to the effective separation of a married couple, that occurs when the couple no longer constitutes a family unit, by ceasing cohabitation and marital relations, even if there has been no judicial decree of separation.

The main legal effect of separation de facto is the termination of conjugal duties, such as being faithful to each other and providing mutual assistance.

Additionally, de facto separation results in the incommunicability of property, meaning that all assets acquired by each spouse after separation are not subject to division during a divorce.

Title VIII – BRAZILIAN CHILDREN

In cases of divorce or separation, Brazilian courts prioritize the child’s best interests, often favoring joint custody arrangements. The Brazilian Civil Code emphasizes shared parental responsibility, ensuring both parents remain actively involved in their child’s upbringing. Factors such as each parent’s financial capacity, emotional stability, and involvement in the child’s life are considered in custody decisions.

Title IX – CHILD CUSTODY

“Shared Custody (Guarda Compartilhada)” is the prevalent custody model. Under this system, both parents bear equal responsibilities concerning the child’s well-being. This arrangement doesn’t mean the child’s time is divided equally between the two parents, but rather, both parents have a shared right concerning the main decisions about the child’s life.

The “Unilateral Custody (Guarda Unilateral)” is a second custody model where a single parent assumes full and sole responsibility for the child’s daily care and major decisions.

Regardless of the custody model established by the Court, a second element is the designation of a Primary Custodian – the parent entitled to physical custody of the child, with whom the child’s primary residence is established.

Title X – CHILD VISITATION

The non-custodial parents are legally entitled to regular visitation or parental time, typically including alternate weekends from Friday evening to Sunday evening and, in some cases, midweek visits, depending on mutual agreement and the child’s schedule. School vacations are usually divided, allowing both parents extended time with the child during holidays such as Christmas, New Year, birthdays, and the mid-year break.

Parents residing outside Brazil may request the court to grant compensatory visitation, allowing extended parenting time during school vacations, typically ranging from 15 to 30 consecutive days, ensuring meaningful parent-child interaction despite geographical distance.

Courts also encourage regular virtual communication through video calls, and, in some cases, international travel with the child may be permitted, always subjected to specific legal authorization.

Compliance with Brazilian law and international agreements, including the Hague Convention, ensures the enforcement and protection of cross-border visitation rights.

Title XI – CHILD SUPPORT

When a spouse requests child support in Court on behalf of a child, the judge may immediately establish a provisional amount to be paid, before reviewing the other party’s arguments. This measure is based on the principle of the child’s immediate need for financial support, ensuring that essential expenses such as food, healthcare, and education are covered while the case is under review.

Local Family Courts adopt a hybrid approach to calculating child support, structuring the assessment based on the paying parent’s employment status and incorporating both alternatives within a single ruling.

If the parent is formally employed, the court sets the amount at 20% to 30% of their net income for all children combined. If the parent is unemployed, self-employed, or a business owner, a fixed minimum amount is established per child, monthly ranging from USD 500 to USD 5,000 or more, depending on the case.

Child support obligations generally last until the child turns 18, but they may be extended if the child remains in (superior) education, such as attending college.

Title XII – ALIMONY – SPOUSE SUPPORT

Title XIII – VISITATION RIGHTS

Title XIV – PARENTAL ALIENATION

Title XV – DOMESTIC VIOLENCE

Title XVI – INHERITANCE IN BRAZIL

Under Brazilian inheritance law, upon the death of a married individual, assets considered communal (those acquired during marriage under a regime such as partial community property) are initially divided equally: 50% belong automatically to the surviving spouse, while the remaining 50% constitute the deceased spouse’s estate and are distributed proportionally among all legal heirs. This proportional division includes all descendants (children, grandchildren), ascendants (parents, grandparents), independently of their age, legitimacy, or whether they are full or half-siblings.

The distribution of the deceased’s estate occurs through a formal probate procedure known as inventário (probate). This process involves identifying and appraising all assets and debts left by the deceased, ensuring the settlement of any outstanding obligations, including taxes such as the ITCMD (Inheritance and Donation Tax – Imposto sobre Transmissão Causa Mortis e Doação), which varies between 2% and 8%, depending on the Brazilian state.

An executor (inventariante) is appointed by the heirs or a judge to manage the probate, responsible for protecting assets, settling debts, and distributing the remaining estate according to the law or the deceased’s will.

Thank you. I hope this article helps you to carry your legacy with clarity and justice.

Dr. Mauricio Flank Ejchel
International Family Lawyer – Brazil
🔗www.internationallawyerbrazil.com

👉 <a href=”https://wa.me/5511984335841″ target=”_blank”>Click here to speak with Dr. Mauricio Ejchel on WhatsApp</a>.

FAQ- FREQUENT ASK QUESTIONS

Q: What are the legal requirements to marry a Brazilian woman in Brazil?
A: You must present a valid passport, apostilled and sworn-translated birth certificate and marital-status certificate, while your Brazilian fiancée presents ID and proof of residence at the Cartório.

Q: Can I marry in Brazil on a tourist visa?
A: Yes, marriage on a tourist visa is allowed if all required documents are apostilled, sworn-translated in Brazil, and accepted by the Cartório.

Q: Do foreign documents need apostille and sworn translation for marriage in Brazil?
A: Yes, documents must be apostilled under the Hague 1961 Convention and translated in Brazil by a sworn translator (tradutor público).

Q: What is the default marital property regime in Brazil?
A: Partial community of property (comunhão parcial), sharing assets acquired for consideration during the marriage.

Q: Can we sign a prenuptial agreement in Brazil?
A: Yes, a prenuptial (pacto antenupcial) must be notarized and registered, choosing separation, universal community, or participation in final acquests.

Q: Can a foreign prenuptial agreement be valid in Brazil?
A: Yes, if properly executed, apostilled, sworn-translated, and compatible with Brazilian public policy.

Q: Can we marry at a Brazilian consulate abroad and have it valid in Brazil?
A: Yes, consular marriages must later be registered at a Brazilian registry (Cartório) to produce effects in Brazil.

Q: How long does it take to marry in Brazil?
A: After filing documents, publication of banns and scheduling typically takes a few weeks, varying by Cartório workload.

Q: Do we need witnesses to marry in Brazil?
A: Yes, two adult witnesses with valid IDs are generally required.

Q: Can I change my name after marriage in Brazil?
A: Yes, name change is optional and must be requested at the time of registration.

Q: Is a religious marriage valid without civil registration in Brazil?
A: No, religious marriage has no civil effect unless registered as a religious-with-civil-effects ceremony.

Q: Will our Brazilian marriage be recognized in the US/EU?
A: Generally yes, with certified copies, apostille, and compliance with local recognition or use rules.

Q: What are the main types of divorce in Brazil?
A: Extrajudicial (at a Cartório) when uncontested and without minor/dependent children, or judicial when there is disagreement or children.

Q: Can I file for divorce in Brazil if I live abroad?
A: Yes, through a Brazilian lawyer with power of attorney; hearings may occur online when authorized.

Q: How are assets divided on divorce in Brazil?
A: Division follows the marital property regime, commonly sharing assets acquired for consideration during the marriage.

Q: Is spousal support available in Brazil?
A: Yes, alimony is exceptional and based on need and ability to pay, assessed case-by-case.

Q: How is child support calculated in Brazil?
A: By proportionality between the child’s needs and each parent’s financial capacity.

Q: Can I serve divorce papers abroad from a Brazilian court?
A: Yes, via letters rogatory or international cooperation, respecting due process in the foreign country.

Q: Will a Brazilian divorce be recognized in the US/EU?
A: Generally yes, via local recognition with certified copies and apostille.

Q: How long does a judicial divorce take in Brazil?
A: Timelines vary by court and complexity; uncontested cases are faster than contested ones.

Q: Can I obtain protective measures during a Brazilian divorce?
A: Yes, urgent injunctions may address custody, support, or asset restraints.

Q: Are digital messages and emails valid evidence in Brazilian divorce?
A: Yes, if lawfully obtained and authenticated.

Q: Can mediation help with a Brazil-based divorce?
A: Yes, mediation often resolves custody, support, and asset issues efficiently.

Q: Do I need to appear in person for divorce in Brazil?
A: Not necessarily; representation by power of attorney is common, with virtual appearances when ordered.

Q: What is the default custody model in Brazil?
A: Shared custody (guarda compartilhada), preserving frequent contact with both parents.

Q: When is sole custody granted in Brazil?
A: When shared custody is not viable or when the other parent is unfit, unsafe, or unavailable.

Q: What is a parenting plan in Brazil?
A: A schedule defining time-sharing, holidays, decision-making, and child-related logistics.

Q: How is visitation regulated in Brazil?
A: Visitation (convivência) follows the child’s best interests, with progressive or supervised contact when needed.

Q: Can a parent relocate a child abroad after separation in Brazil?
A: International relocation requires either written consent from the other parent or a court order.

Q: Does a minor need authorization to travel abroad from Brazil?
A: Yes, minors usually need consent from both parents or a court order, recorded per federal police rules.

Q: Can I obtain a Brazilian passport for my child without the other parent’s consent?
A: Generally no, unless there is specific court authorization or a pre-registered travel consent.

Q: How do courts decide relocation disputes in Brazil?
A: Judges weigh best interests, stability, schooling, ties to each parent, and feasibility of maintaining contact.

Q: Can grandparents obtain visitation rights in Brazil?
A: Yes, courts may grant grandparents’ visitation when beneficial to the child.

Q: Can custody and support orders be modified in Brazil?
A: Yes, material changes in circumstances allow review and modification.

Q: How are child support orders enforced in Brazil?
A: Wage withholding, bank seizure, asset liens, credit restrictions, and civil imprisonment for willful arrears.

Q: What is the Hague Convention on Child Abduction (1980) in Brazil?
A: A treaty Brazil applies to secure the prompt return of children wrongfully removed or retained across borders.

Q: Who is the Brazilian Central Authority for Hague 1980 cases?
A: The Central Authority is within the Ministry of Justice (DRCI/MJSP).

Q: Which courts hear Hague return claims in Brazil?
A: Federal courts adjudicate Hague return claims, often with expedited procedures.

Q: What is wrongful removal or retention under the Hague Convention?
A: Taking or keeping a child away from the State of habitual residence in breach of custody rights.

Q: What defenses can oppose a Hague return in Brazil?
A: Limited defenses include consent or acquiescence, grave risk of harm, child’s objections (maturity), and settlement after one year.

Q: How is habitual residence assessed in Brazil under Hague 1980?
A: By the child’s integration and family or social environment, not formal status alone.

Q: How quickly should a Hague return claim be filed?
A: As soon as possible; after one year the “settled child” defense may be argued, though return may still be ordered.

Q: Can Brazilian courts order protective measures upon return?
A: Yes, mirror orders and undertakings can mitigate risk and facilitate a safe return.

Q: Are mediation and voluntary return encouraged in Hague cases?
A: Yes, settlement and voluntary return are encouraged when aligned with the child’s best interests.

Q: What Brazilian law protects victims of domestic violence?
A: The Maria da Penha Law enables urgent protective measures, criminal consequences, and civil relief.

Q: How fast can I obtain a protective order in Brazil?
A: Judges can grant urgent measures within hours upon credible evidence of risk.

Q: Can protective orders include removal from the home?
A: Yes, courts can order the aggressor to leave the residence and prohibit contact.

Q: Will domestic violence affect custody in Brazil?
A: Yes, it strongly weighs against custody or unsupervised visitation, prioritizing the child’s safety.

Q: Can I file for divorce and protection at the same time in Brazil?
A: Yes, protection and divorce can be sought concurrently in civil and criminal venues.

Q: What evidence is persuasive to obtain protection?
A: Medical reports, police records, photos, messages, witness statements, and consistent narratives.

Q: Are international protective orders from the US/EU relevant in Brazil?
A: They inform risk assessment; Brazilian courts may issue mirror or complementary orders.

Q: Can digital harassment be restrained by Brazilian courts?
A: Yes, courts can forbid contact via phone, social media, email, and messaging apps.

Q: Does a bipolar disorder diagnosis bar custody in Brazil?
A: No; courts assess current parental capacity, stability, and treatment adherence.

Q: What evidence matters most in custody cases with bipolar disorder?
A: Medical reports, treatment records, expert evaluations, and caregiving history.

Q: Can Brazilian courts order psychiatric or psychological evaluations?
A: Yes, forensic assessments are common in complex disputes.

Q: Can medication adherence influence visitation in Brazil?
A: Yes, stable treatment supports unsupervised contact; instability may justify supervision.

Q: What if symptoms impair safe parenting?
A: Courts may order supervised visitation, support plans, or temporary custody adjustments.

Q: How should a parenting plan address bipolar-related issues?
A: Include monitoring, handover protocols, and triggers for review.

Q: How does Autism (TEA) affect custody decisions in Brazil?
A: Courts tailor custody to the child’s sensory, routine, and therapeutic needs.

Q: Can parenting time be gradual for a child with TEA?
A: Yes, progressive schedules reduce sensory overload and transition stress.

Q: Are therapy schedules prioritized in Brazilian custody plans?
A: Yes, ABA, occupational, and speech therapies and schooling routines guide time-sharing.

Q: Can courts order specialized evaluations for TEA cases?
A: Yes, neuropsychological and educational assessments inform plans.

Q: Do TEA-related costs affect child support in Brazil?
A: Yes, support can include therapies, aides, transport, and specialized materials.

Q: How should exchanges be handled for a child with TEA?
A: Use calm locations, consistent scripts, and visual schedules.

Q: Can international moves be approved for better TEA services?
A: Possibly, if clearly in the child’s best interests with robust contact solutions.

Q: Do courts accept video therapy updates as evidence?
A: Yes, periodic reports and telehealth notes support monitoring.

Q: Can I file for divorce in both Brazil and a US/EU country?
A: Yes, parallel filings can occur; strategy weighs jurisdiction, timing, and enforceability.

Q: Which forum should prevail in cross-border divorces?
A: The forum with stronger connections—habitual residence, children, and core assets.

Q: Does first filed guarantee priority in Brazil?
A: Not necessarily; Brazilian courts assess jurisdiction and convenience, not a strict race.

Q: How do children affect forum choice between Brazil and US/EU?
A: The child’s habitual residence and ties to school and community are decisive.

Q: How are foreign-located assets handled during Brazilian divorce?
A: Brazil applies the marital regime and may require enforcement abroad for overseas assets.

Q: Will a US/EU divorce be valid in Brazil?
A: Yes, after Superior Court of Justice (STJ) recognition with sworn translation and apostille.

Q: Can mirror orders synchronize measures across Brazil and US/EU?
A: Yes, mirror or ancillary orders align custody and support across jurisdictions.

Q: How to avoid conflicting judgments between Brazil and US/EU?
A: Coordinate filings, seek stays when appropriate, and negotiate global settlements.

Q: Are online hearings possible across borders with Brazil?
A: Yes, with court approval and appropriate technical setup.

Q: Can one decree resolve all issues worldwide?
A: One decree helps, but local recognition and enforcement are still required in each country.

Q: How are child support amounts set in Brazil?
A: By proportionality between the child’s needs and each parent’s ability to pay.

Q: Is there a fixed nationwide percentage table for child support in Brazil?
A: No; courts use evidence and local benchmarks rather than a universal table.

Q: What expenses are typically covered by Brazilian child support?
A: Housing, food, education, health, clothing, transport, and reasonable extras.

Q: Can support include international travel costs for visitation?
A: Yes, courts may apportion travel to preserve meaningful contact.

Q: How is income proved if the payer is self-employed?
A: Bank records, invoices, lifestyle evidence, and judicial disclosure orders.

Q: Can the court impute income if the payer hides earnings?
A: Yes, based on evidence of standard of living and earning capacity.

Q: How are payments made from the US/EU to Brazil?
A: Bank transfers with clear currency conversion; orders specify amounts and indexation.

Q: Can child support be modified in Brazil?
A: Yes, upon substantial change in needs or parental capacity.

Q: How to enforce child support against assets in Brazil?
A: Wage withholding, bank seizure, asset liens, and credit restrictions.

Q: Can nonpayment of child support lead to prison in Brazil?
A: Yes, civil imprisonment is possible for willful nonpayment.

Q: Which debts qualify for imprisonment in Brazil?
A: Typically the last three months due and those accruing during the suit.

Q: Can payment purge the prison order in Brazil?
A: Yes, paying the qualifying arrears usually suspends the warrant.

Q: Is genuine inability to pay a defense against imprisonment?
A: Yes, proven inability may prevent imprisonment but not other enforcement.

Q: What other coercive measures exist besides imprisonment?
A: Wage garnishment, bank seizure, asset liens, credit blacklisting, and proportional travel or license restrictions.

Q: Does living in the US/EU shield me from a Brazil prison order?
A: It reduces immediate risk in Brazil, but recognition and enforcement may proceed abroad.

Q: What is the safest compliance strategy for payers?
A: Prompt payment, documented hardships, and court-approved adjustments.

Q: What governs asset division in a Brazilian divorce?
A: The marital property regime and the Brazilian Civil Code.

Q: Which assets are excluded from division under partial community?
A: Assets owned before marriage, inheritances and gifts, and subrogated assets remain separate.

Q: Are business interests divisible in Brazilian divorce?
A: Yes, equity accrued during marriage is subject to valuation and apportionment under the regime.

Q: How are debts treated in Brazilian asset division?
A: Debts for family needs may be shared; personal or abusive debts are typically excluded.

Q: Can dissipation of assets affect division outcomes?
A: Proven dissipation can trigger reimbursement, unequal adjustments, or protective measures.

Q: How are retirement and pensions handled in division?
A: Rights accrued during marriage may be divisible, subject to plan rules and the regime.

Q: Is real estate in one spouse’s name still divisible?
A: Title alone is not decisive; acquisition date, consideration, and regime define sharing.

Q: Can cryptocurrency be divided in Brazilian divorce?
A: Yes, crypto acquired during marriage is divisible; exchange records support valuation.

Q: Can a Brazilian divorce divide assets located abroad?
A: Brazilian courts can adjudicate rights, but enforcement over foreign assets depends on recognition abroad.

Q: Do we need mirror orders to reach foreign assets?
A: Yes, mirror or ancillary orders in the foreign jurisdiction help execute Brazilian decisions.

Q: What is probate called in Brazil?
A: Inventário, which can be judicial or notarial when all heirs agree and are capable.

Q: Who are the necessary heirs under Brazilian law?
A: Descendants, ascendants, and the spouse or recognized partner.

Q: What is the legítima in Brazilian inheritance law?
A: The reserved half of the estate that must go to necessary heirs.

Q: Can a will dispose of the entire estate in Brazil?
A: No, a will may freely dispose only of the available half; the legítima is untouchable.

Q: Does the surviving spouse inherit in Brazil?
A: Yes, the spouse’s share depends on the marital regime and the presence of descendants or ascendants.

Q: Is there an inheritance tax in Brazil?
A: Yes, ITCMD is a state tax on inheritances and gifts, with rates defined by each state.

Q: How are foreign wills treated in Brazil?
A: They can be recognized if formalities are met, apostilled, translated, and compatible with Brazilian law.

Q: Can a foreign probate be recognized in Brazil?
A: Yes, foreign judgments can be recognized by the STJ, but assets in Brazil still require local proceedings.

Q: Can the legítima be reduced by lifetime gifts in Brazil?
A: Yes, excessive gifts can be reduced to preserve the reserved portion for necessary heirs.

Q: Can I start the marriage process in Brazil while my US/EU divorce is still pending?
A: No, you must prove capacity to marry; a final divorce decree apostilled and sworn-translated is required before the Cartório accepts your application.

Q: Will a marriage celebrated at a Brazilian consulate be valid in Brazil and the US/EU?
A: Yes, once the consular marriage is registered at a Brazilian Cartório and you follow each US/EU country’s local recognition rules.

Q: Can a foreign prenuptial agreement be recognized in Brazil?
A: Yes, if duly executed, apostilled, sworn-translated, and not contrary to Brazilian public policy.

Q: Can we change the marital property regime after marrying in Brazil?
A: Yes, by court approval showing mutual consent and absence of harm to third parties or creditors.

Q: Does a stable union (união estável) grant similar rights to marriage for foreigners in Brazil?
A: Yes, once recognized, it produces family-law effects, including property and inheritance rights under Brazilian law.

Q: How do I prove a stable union in Brazil for immigration or benefits?
A: With evidence of cohabitation and family life such as joint bills, leases, bank accounts, and a notarial declaration when appropriate.

Q: Will my Brazilian marriage certificate be accepted in the US/EU for name change?
A: Generally yes, with a certified copy and apostille; follow local rules to update passports and records.

Q: Can a religious ceremony alone create civil effects in Brazil?
A: No, unless it is registered as a religious-with-civil-effects ceremony at the Cartório.

Q: What are grounds for annulment of marriage in Brazil?
A: Annulment is exceptional and applies to specific defects like impediments, coercion, or lack of consent proven under the Civil Code.

Q: How do Cartórios verify bigamy risks for foreigners?
A: They require apostilled marital-status documentation and may request additional evidence when inconsistencies appear.

Q: Are same-sex marriages from the US/EU registrable in Brazil?
A: Yes, they can be registered and produce effects in Brazil if formal requirements are met.

Q: Can a child born abroad to a Brazilian parent obtain Brazilian documents in Brazil?
A: Yes, after consular registration or transcription at a Cartório, the child can obtain a birth record and Brazilian documents.

Q: Which court has jurisdiction for child custody when one parent is in Brazil and the other in the US/EU?
A: Jurisdiction follows the child’s habitual residence; Brazilian courts act when the child habitually resides in Brazil or as provided by law and treaties.

Q: How do Brazilian courts define the child’s habitual residence?
A: By factual integration in a social and family environment, not only by formal registrations.

Q: Is dual consent required for a minor’s international travel from Brazil?
A: Yes, absent a court order, both parents’ consent or a specific authorization following federal police rules is required.

Q: Can a minor obtain a Brazilian passport without the other parent’s consent?
A: Generally no; you need both parents’ consent or a court authorization.

Q: When do Brazilian courts order supervised visitation?
A: When safety, adaptation, or behavioral risks require gradual or monitored contact in the child’s best interests.

Q: How is parenting time enforced in Brazil if one parent obstructs visits?
A: Courts may impose fines, adjust custody, and issue enforcement measures to secure compliance.

Q: How do courts structure long-distance cross-border visitation?
A: With extended holiday blocks, alternating vacations, video calls, and cost-sharing suited to the child’s routine.

Q: Can grandparents seek contact orders in Brazil?
A: Yes, when contact benefits the child, courts may regulate grandparents’ visitation.

Q: When can custody or visitation orders be modified in Brazil?
A: Upon material changes that impact the child’s best interests, supported by updated evidence.

Q: Will the child be heard in Brazilian custody disputes?
A: Yes, where age and maturity justify, the child’s views may be considered by the judge or technical team.

Q: What evidence supports a relocation request from Brazil to the US/EU?
A: A detailed plan covering housing, schooling, healthcare, travel contact, and proof that relocation serves the child’s best interests.

Q: What are mirror orders and why use them in relocation cases?
A: They are equivalent orders in the destination country ensuring enforceability and safeguards after relocation.

Q: How quickly can provisional child support be ordered in Brazil?
A: Courts may grant interim support early in the case based on prima facie evidence of needs and capacity.

Q: Is spousal support common in Brazil after divorce?
A: It is exceptional, temporary, and based on proven need and the other party’s ability to pay.

Q: How are child support amounts updated in Brazil?
A: Orders usually include monetary indexation and can be revised upon changes in needs or income.

Q: How should US/EU-based parents pay Brazilian child support?
A: Through traceable bank transfers with clear currency conversion and reference to the court order.

Q: What are main enforcement tools for child support in Brazil?
A: Wage withholding, bank seizure, asset liens, credit restrictions, and civil imprisonment for willful nonpayment.

Q: Can nonpayment of support result in prison for a foreign parent in Brazil?
A: Yes, for willful default within qualifying arrears, regardless of nationality, with due process.

Q: How do I file a Hague Convention return request in Brazil?
A: Through the Brazilian Central Authority (DRCI/MJSP) or directly in federal court with supporting evidence.

Q: What defenses are available against a Hague return in Brazil?
A: Limited defenses include consent or acquiescence, grave risk, mature child’s objections, or settlement after one year.

Q: Can Brazilian courts condition return on undertakings?
A: Yes, they may impose protective measures and request mirror orders to mitigate risk upon return.

Q: Does filing an appeal automatically suspend a Hague return order in Brazil?
A: Appeals are possible; courts manage timing with priority and may maintain protective measures during review.

Q: How are foreign judgments recognized in Brazil for family matters?
A: Through recognition by the Superior Court of Justice (STJ), with apostilled documents and sworn translations.

Q: How long does STJ recognition of a foreign divorce typically take?
A: Time varies with completeness of the file and objections; well-prepared petitions process more quickly.

Q: Can evidence obtained in the US/EU be used in Brazilian family cases?
A: Yes, if lawfully obtained, apostilled, sworn-translated, and admitted under Brazilian evidentiary rules.

Q: Are remote hearings possible for parties abroad in Brazilian family courts?
A: Yes, subject to judicial authorization and technical feasibility.

Q: Can parallel proceedings in Brazil and the US/EU continue at the same time?
A: They can, but coordination and forum analysis help prevent conflicting judgments.

Q: How do Brazilian courts handle suspected offshore or hidden assets in divorce?
A: With disclosure orders, expert tracing, bank and tax inquiries, and freezing measures when warranted.

Q: Can Brazilian courts divide real estate located abroad?
A: They can declare rights, but enforcement over foreign property depends on recognition and execution in the other country.

Q: How are RSUs and stock options from a US/EU employer treated in Brazilian divorce?
A: The marital portion earned during the marriage can be divisible considering vesting schedules and plan terms.

Q: Are cryptocurrencies part of asset division in Brazil?
A: Yes, crypto acquired during the marriage is divisible; exchanges and blockchain records support valuation.

Q: How are family businesses valued in Brazilian divorce?
A: Through expert appraisals analyzing financials, goodwill, and market conditions to determine equitable division.

Q: What measures prevent dissipation of assets during a Brazilian divorce?
A: Freezing transfers, account blocks, inventories, and appointment of administrators when justified.

Q: Can a global settlement cover assets in Brazil and the US/EU?
A: Yes, but execution requires recognition and local procedures in each country where assets are located.

Q: What are the requirements for notarial probate (inventário em cartório) in Brazil?
A: All heirs must be capable and in agreement, with counsel present and taxes duly addressed.

Q: Does a foreign spouse inherit in Brazil under the Civil Code?
A: Yes, shares depend on the marital regime and the presence of descendants or ascendants.

Q: Can a will override the legítima reserved for necessary heirs in Brazil?
A: No, the legítima protects half of the estate for necessary heirs; only the available half is freely disposable.

Q: Will a foreign will be valid in Brazil for assets located there?
A: Yes, if formalities are met, documents are apostilled and sworn-translated, and the provisions respect Brazilian mandatory rules.

Q: How can a foreign client protect privacy in Brazilian family cases?
A: By following LGPD-compliant practices, limiting data exposure, using secure channels, and requesting confidentiality orders when appropriate.

Q: What practical steps improve success in a relocation petition from Brazil to the US/EU?
A: Present a detailed relocation plan, school and healthcare arrangements, feasible contact schedule, and evidence that the move serves the child’s best interests.

Q: What helps courts assess true income in Brazilian child support cases involving foreign payers?
A: Bank and card statements, tax filings, lifestyle evidence, employer records, and expert financial analyses.

Q: Are mediation and parenting coordination used in high-conflict international cases in Brazil?
A: Yes, courts increasingly use mediation and coordinators to implement parenting plans and reduce conflict.

Q: Can protective orders from the US/EU influence Brazilian custody decisions?
A: They inform risk assessment; Brazilian courts may issue complementary or mirror measures to protect the child.

Q: How should cross-border parenting plans address travel logistics?
A: With clear handover locations, notice periods, document handling, flight details, and cost-sharing provisions tailored to the child’s routine.

Q: What documentation accelerates STJ recognition of a US/EU divorce?
A: Final judgment, proof of service or consent, certificates of finality, apostille, sworn translations, and clear identification of parties and marriage.

Q: Does child abduction by the other parent cancel my child support in Brazil?
A: No. In Brazil, child support is independent from visitation and abduction issues; you must keep paying until a court modifies or suspends the order.

Q: Can I ask a Brazilian judge to suspend child support while a Hague case is pending?
A: Yes, you can request suspension, reduction, or payment into a judicial escrow, but it depends on evidence and the child’s needs.

Q: Will I face civil imprisonment in Brazil if I stop paying because my child was abducted?
A: Yes, willful nonpayment can still trigger civil imprisonment for qualifying arrears unless a court order changes your obligation.

Q: Can the court redirect child support payments if the abducting parent is misusing the funds?
A: Yes, the court may order escrow, direct payments to schools/clinics, or appoint a guardian payee to protect the child’s interest.

Q: Should I keep proof of every payment during the abduction?
A: Yes. Keep bank receipts and references to the case number to prevent disputes and protect against enforcement actions.

Q: Can I pay support directly to a Brazilian court account during abduction?
A: Often yes. Judges may authorize judicial deposits or controlled channels when direct transfers are unsafe or disputed.

Q: Can a Brazilian judge offset support with my travel costs to maintain contact?
A: Possibly. Courts may apportion extraordinary travel costs, but routine support usually remains due.

Q: Does a foreign order suspending support apply in Brazil automatically?
A: No. Foreign decisions need recognition (STJ homologation) or coordination before they produce effects in Brazil.

Q: Can I ask for a rapid review of support after an abduction?
A: Yes. You can file for urgent relief to recalibrate amount, payee, or method while safeguarding the child.

Q: Is mediation possible on support while the Hague return is litigated?
A: Yes. Courts and Central Authorities encourage interim agreements that protect the child and preserve your defenses.

Q: What is parental alienation under Brazilian law?
A: It is interference that undermines the child’s bond with the other parent; Brazilian courts can identify and sanction it.

Q: What remedies exist for parental alienation in Brazil?
A: Courts can warn, fine, order therapy, adjust schedules, impose supervision, or change custody to stop the harmful conduct.

Q: What evidence proves parental alienation in Brazilian courts?
A: Consistent patterns: blocked contact, false narratives, coaching, message logs, school reports, and expert evaluations.

Q: Can Brazilian courts order reunification therapy?
A: Yes. Judges frequently combine therapeutic measures with structured, progressive contact.

Q: Does parental alienation affect final custody in Brazil?
A: Yes. Proven alienation can lead to custody changes if necessary to protect the child’s best interests.

Q: Can a false abuse allegation be considered parental alienation?
A: It can be if used to obstruct contact in bad faith; courts will investigate carefully and prioritize child safety.

Q: Are expert psychological reports common in alienation cases?
A: Yes. Forensic psychology and social work assessments are routine to map dynamics and guide remedies.

Q: Can courts penalize chronic interference with video calls and messages?
A: Yes. Repeated interference can be sanctioned and may justify stricter orders or custody adjustments.

Q: How fast can I get interim relief against alienation in Brazil?
A: Urgent injunctions can issue quickly to restore contact, set a schedule, or impose supervision.

Q: Can schools be ordered to support contact despite alienation?
A: Yes. Courts may compel schools to share reports, facilitate communications, and respect court schedules.

Q: What is international child abduction under the Hague Convention in Brazil?
A: Wrongful removal or retention from the child’s habitual residence; Brazil applies the 1980 Hague Convention for prompt return.

Q: Which courts hear Hague cases in Brazil?
A: Federal courts, with the Brazilian Central Authority (DRCI/MJSP) coordinating international cooperation.

Q: What defenses can block a Hague return in Brazil?
A: Limited defenses: consent/acquiescence, grave risk of harm, mature child objections, or settlement after one year.

Q: Can Brazilian courts impose undertakings or mirror orders upon return?
A: Yes. Protective conditions and mirror orders abroad are common to mitigate risk and stabilize the child.

Q: Does the abducting parent’s misconduct decide custody?
A: Hague proceedings decide forum and return, not final custody; custody is decided in the competent jurisdiction.

Q: Can I request supervised contact during a Hague case?
A: Yes. Courts can regulate interim contact, supervision, and safe handovers while the case proceeds.

Q: Does fast filing improve chances in a Hague return from Brazil?
A: Yes. Prompt applications reduce “settled child” arguments and help maintain urgency.

Q: Can Brazilian judges retain passports in an abduction scenario?
A: Yes. Passports and travel alerts can be ordered to prevent further removals.

Q: Can I testify remotely from the US/EU in a Brazilian Hague case?
A: Yes, with judicial authorization and proper technical arrangements.

Q: Will paying support help my credibility in a Hague or alienation case?
A: Yes. Continued compliance with support and orders strengthens credibility and shows good faith.

Q: Can I obtain a contact schedule even during abduction?
A: Yes. Interim orders can guarantee calls, supervised visits, or gradual reintroduction while merits are assessed.

Q: Can parental alienation overlap with international abduction?
A: Often. Obstructing contact may evolve into retention abroad; courts examine the full pattern and intent.

Q: Do Brazilian courts hear domestic (within Brazil) abduction disputes?
A: Yes. State courts handle internal removals with urgent measures to restore the status quo and protect the child.

Q: Can a Brazilian court order the child’s immediate return within Brazil?
A: Yes. Judges may order immediate return, police assistance, and logistical support where necessary.

Q: Does parental alienation change child support amounts?
A: Not by itself. Amounts follow needs and capacity; sanctions address alienation while support is reviewed separately.

Q: Can I seek damages for alienation in Brazil?
A: Possible. Some cases award moral damages for severe, proven harm, but the priority remains stopping the conduct.

Q: Are recordings and chats admissible to prove alienation?
A: Yes, if lawfully obtained and authenticated; context and chain of custody matter.

Q: Can a Brazilian judge forbid bad-mouthing and interference explicitly?
A: Yes. Orders often include non-denigration and non-interference clauses with penalties.

Q: Can courts appoint a parenting coordinator in high-conflict alienation cases?
A: Yes. Coordinators help implement orders, reduce litigation, and protect the child’s routine.

Q: Can I request a neutral exchange location to prevent conflict?
A: Yes. Courts can set neutral sites, supervised centers, or third-party handovers.

Q: What if the abducting parent hides the child’s location in Brazil?
A: The court can order information disclosure, police support, and sanctions for contempt.

Q: Can my Brazilian custody order be recognized in the US/EU to fight alienation?
A: Yes, through local recognition/enforcement and, when helpful, mirror orders.

Q: Can I obtain a Brazilian order for virtual contact across time zones?
A: Yes. Courts set structured video-call windows, notice rules, and backup channels.

Q: Should I file both custody and Hague return actions?
A: File the Hague action for return and, where appropriate, seek interim safeguards; custody is decided in the competent forum.

Q: Can I ask to pay support directly to school and healthcare providers during abduction?
A: Yes, judges may authorize direct payments to ensure the child’s needs are covered transparently.

Q: Can alienation be addressed if the child now resists contact?
A: Yes. Courts blend therapy, gradual exposure, and tailored schedules to rebuild trust and reduce anxiety.

Q: Does evidence of domestic violence affect Hague and alienation analysis?
A: Yes. Credible risk evidence may shape defenses, undertakings, and contact conditions, always centering the child’s safety.

Q: Can Brazilian courts restrict the abducting parent’s travel with the child?
A: Yes. Travel bans, passport retention, and alerts are available as proportional protective measures.

Q: What practical first steps should a left-behind parent take in Brazil?
A: File urgently, preserve evidence, maintain support payments, request interim contact, and coordinate with the Central Authority.

Q: How does your office handle support, alienation, and abduction simultaneously?
A: With a unified strategy: keep support compliant, secure interim contact, pursue Hague return or restoration orders, and seek sanctions and therapy to protect the child.

Q: I fell in love with a Brazilian—what is the fastest lawful path to marry in Brazil?
A: File at a Cartório de Registro Civil with passport, apostilled birth and marital-status certificates, sworn translations, and two witnesses; banns + ceremony typically occur within a few weeks.

Q: Is a US/EU prenuptial agreement (“prenup”) valid for a marriage or divorce in Brazil?
A: Yes, if the prenup is properly executed abroad, apostilled, sworn-translated in Brazil, and not contrary to Brazilian public policy; register it in Brazil to produce full effects.

Q: We married abroad—how do we register our marriage in Brazil so it has effects here?
A: Present the foreign certificate apostilled and sworn-translated at a Brazilian consulate or Cartório for transcription; once registered, it produces civil effects in Brazil.

Q: My Brazilian spouse moved with our child to the US/EU without consent—what is the immediate legal route?
A: File a Hague 1980 return application via Brazil’s Central Authority (DRCI/MJSP) and seek interim contact, passport holds, and mirror protective orders while the case proceeds.

Q: Can I keep paying child support safely during an abduction or alienation dispute?
A: Yes—maintain payments through traceable bank transfers or court-authorized escrow; courts may allow direct payments to schools or clinics to protect the child’s interests.

Q: What is the clearest way to prove a stable union (união estável) with a Brazilian partner?
A: Gather evidence of family life—joint lease or utility bills, bank accounts, shared dependents, photos, travel records—and execute a notarial declaration with counsel when appropriate.

Q: Which marital property regime best protects cross-border assets for a Brazil–US/EU couple?
A: Separation of property via a registered prenuptial agreement offers the highest asset shielding; partial community applies by default absent a valid prenup.

Q: Will a Brazilian divorce or custody order be recognized in the US/EU for enforcement?
A: Generally yes, after local recognition/enforcement; use certified copies, apostille, sworn translations, and request mirror orders to align terms abroad.

Q: Can a tourist marry in Brazil and later convert documents for immigration abroad?
A: Yes—civil marriage in Brazil is valid internationally once apostilled and translated; each US/EU country applies its own visa or residence rules to the Brazilian certificate.

Q: How do I spot and prevent romance fraud before marrying in Brazil?
A: Run document due diligence (IDs, civil-status certificates), confirm translations and apostilles, verify Cartório filings, and consult an independent Brazilian family lawyer for risk checks.

Q: Can I marry a Brazilian in Brazil on a tourist visa?
A: Yes. Bring apostilled, sworn-translated documents; the Cartório accepts lawful tourist entries.

Q: Are foreign documents for marriage in Brazil required to be apostilled?
A: Yes. Apostille (Hague 1961) plus sworn translation in Brazil.

Q: Is a US/EU prenup valid in Brazil?
A: Yes, if duly executed, apostilled, translated, and not against Brazilian public policy.

Q: Do I need witnesses to marry in Brazil?
A: Yes. Two adult witnesses with valid ID.

Q: Is religious marriage valid without civil registration in Brazil?
A: No. It must be registered as religious-with-civil-effects at the Cartório.

Q: Can I divorce a Brazilian spouse from abroad?
A: Yes. Hire a Brazilian lawyer via power of attorney; online hearings are possible when authorized.

Q: Will a Brazilian divorce be recognized in the US/EU?
A: Generally yes, after local recognition with apostille and certified translation.

Q: Does child abduction suspend child support in Brazil?
A: No. Pay as ordered until a court changes the obligation.

Q: Can I relocate my child from Brazil to the US/EU?
A: Only with the other parent’s consent or a Brazilian court order.

Q: Do minors need authorization to travel abroad from Brazil?
A: Yes. Dual parental consent or a court order, per federal police rules.

Q: What is the default custody model in Brazil?
A: Shared custody, centered on the child’s best interests.

Q: Can parental alienation change custody in Brazil?
A: Yes. Proven alienation can trigger custody modification and sanctions.

Q: What proves a stable union (união estável) for foreigners?
A: Evidence of family life (joint bills, lease, bank accounts) and a notarial declaration.

Q: How are assets divided under Brazil’s default regime?
A: Partial community: assets bought during marriage are shared; prior assets, gifts, and inheritances are separate.

Q: Are cryptocurrencies divisible in Brazilian divorce?
A: Yes. Crypto acquired during marriage is subject to division and valuation.

Q: Can foreign custody orders be enforced in Brazil?
A: Yes, after STJ recognition or cooperation procedures.

Q: What speeds up a Hague return request in Brazil?
A: Prompt filing, clear evidence of habitual residence, and immediate protective measures.

Q: Can courts order supervised visitation in Brazil?
A: Yes, to protect the child and structure gradual contact.

Q: Do TEA/Autism needs affect support and schedules?
A: Yes. Plans prioritize therapies, routines, and may increase support.

Q: Are direct payments to schools/clinics allowed in support cases?
A: Yes, if authorized by the court to protect the child’s interests.

Q: Can I change my name after marriage in Brazil?
A: Yes, if requested at registration and recorded on the certificate.

Q: Do I need a CPF to marry in Brazil?
A: Recommended but not always required; useful for records and future filings.

Q: Is mediation used in Brazilian family disputes?
A: Yes. Courts and private mediators help resolve custody, support, and assets.

Q: Can I protect assets before marrying in Brazil?
A: Yes. Use a prenup (pacto antenupcial) registered before the ceremony.

Q: Will a consular marriage be valid in Brazil?
A: Yes, once transcribed at a Brazilian Cartório.

Dr. Mauricio Flank Ejchel
International Family Lawyer – Brazil
🔗www.internationallawyerbrazil.com