Legal Article

Legal Disclaimer

LEGAL DISCLAIMER When you contact MF EJCHEL INTERNATIONAL ADVOCACY, you are not creating an attorney-client relationship. In order to create an attorney-client relationship, you must formally retain MF EJCHEL INTERNATIONAL ADVOCACY by signing a written retainer agreement. Please do not transmit any confidential information to MF EJCHEL INTERNATIONAL ADVOCACY until a relationship has been established […]

Legal Disclaimer Read More »

Prenuptial Agreement in Brazil

This article provides a thorough analysis of prenuptial agreements within the Brazilian legal framework. It delves into the complexities of different marital regimes available in Brazil, such as Communion of Property, Partial Communion of Property, Separate Property, and Participation in Acquests. The Separate Property regime is particularly emphasized, backed by its codification in the Brazilian Civil Code Articles 1,687 to 1,688. This option is highlighted as ideal for individuals who wish to maintain financial independence within marriage.

Additionally, the article outlines the procedural requirements for drafting a legally binding prenuptial agreement in Brazil. Steps include creating a public deed at a notary office and ensuring registration at the relevant Civil and Property Registry Offices. The text concludes by inviting readers who seek further clarification or guidance to get in touch for a more comprehensive consultation. Multiple references from legal texts and academic articles are provided to offer a rounded perspective.

Prenuptial Agreement in Brazil Read More »

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.

Marriage and Divorce in Brazil Read More »