Lawyer-Brazil

Marriage and Divorce in Brazil

This article examines marriage and divorce in Brazil, detailing the legal structure that defines these relationships. It outlines the recognition of civil marriage and stable unions, the procedures for registering marriages performed abroad, and the process required for foreign divorces to be legally recognized in Brazil.

The discussion covers divorce procedures, emphasizing that no waiting period or proof of fault is required. It explains the judicial and extrajudicial pathways available and the legal principles governing asset division, spousal support, and parental responsibilities. The resolution of disputes related to property, custody, and financial obligations is also addressed, ensuring clarity on how these matters are handled under Brazilian law.

Parenting time is another critical aspect, as the article describes how non-custodial parents maintain access to their children through structured visitation schedules, extended holiday stays, and virtual communication. It also examines child support, explaining how courts determine, enforce, and modify financial obligations based on the child’s needs and the paying parent’s financial situation. The role of international agreements in ensuring compliance with cross-border child support enforcement is also discussed.

Additionally, the article addresses legal protections against domestic violence, outlining available preventive and corrective measures. It explains how protective orders, legal restrictions, and judicial enforcement help safeguard victims and ensure accountability. Covering these key areas, the article provides a structured perspective on marriage, divorce, and family law in Brazil.

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Fathers Rights in International Law

Father´s Rights in International Law Dr. Maurício Ejchel In family law, particularly when examining its impact in international contexts, the topic of paternal rights is rarely detailed, with few sources clarifying the specific rights and duties involved in the father’s role. Thus, questions about the effective right to exercise fatherhood must be detailed and compared

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domestic violence

Domestic Violence influence on Abducted Children’s Return

The Domestic Violence influence on Abducted Children’s Return Dr. Maurício Ejchel The Central Authority for the Hague Convention on International Child Abduction (CGAP) will host in June/2024 the international legal community at Sandton, South Africa, for the Forum on Domestic Violence and the Operation of Article 13(1)(b) of the 1980 Child Abduction Convention.  Recognizing the

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In this context, the legal concept of domestic violence as a factor under Article 13 also warrants considerable examination due to its subjective nature, which open doors to diverse interpretations across various legal systems, as, for example Brazil and South Africa, that use to make a more lenient judgments regarding to the application of the 1980 Convention by their courts.

The impact of Domestic Violence on Art. 13 of the 1980 Hague Convention.

The impact of Domestic Violence on Article 13(1)(b) of the 1980 Child Abduction Convention Dr. Maurício Ejchel The Central Authority for the Hague Convention on International Child Abduction (CGAP) will host in June/2024 the international legal community at Sandton, South Africa, for the Forum on Domestic Violence and the Operation of Article 13(1)(b) of the

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UE scrutinize Brazil

EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules

EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules By Dr. Maurício Ejchel International & Family Lawyer (Brazil)   Brazil’s adherence to the 1980 Hague Convention on International Child Abduction is once more under scrutiny, now by the European Parliament, as the issue of EU children unlawfully retained in Brazil becomes increasingly visible. Historically,

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The Act of Fraudulent Commission of Reality on Child Abduction Cases

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

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Act of Fraudulent Commission of Reality

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

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