Mídia Escrita & Jornais

Filing for Divorce from a Brazilian Partner

Mídia Escrita & Jornais, Artigos Recentes, INTL BLOG, SEM CATEGORIA /

This article provides guidance on marriage and divorce processes in Brazil for those planning to wed a Brazilian individual. It explains that marriage in Brazil requires certain documentation for foreign nationals, such as a valid passport, a certificate of civil status from the home country, and various other documents translated into Portuguese. The legalization of these documents can be achieved via the Hague Apostille. A significant aspect of the marriage process is the selection of a marital regime, either the “Comunhão de Bens” (Communion of assets) or “Separação de Bens” (Separation of Assets). For those opting for Separation of Assets, a Prenuptial Agreement (Pacto Antenupcial) is essential. The concept of “Stable Union” (União Estável) is also introduced as an alternative to formalized marriages. Divorce in Brazil has been streamlined after the 2002 amendment to the Brazilian Civil Code. It can be processed through either the judicial or extrajudicial method. Lastly, the article touches upon child custody and visitation rights, emphasizing the importance of the child’s best interests and ensuring regular interactions between the child and both parents.

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UE scrutinize Brazil

Brazil’s New Era in Child Abduction Cases

Lawyer-Brazil, Mídia Escrita & Jornais /

The IN 449/2022 resolution, implemented by the Brazilian judiciary, marked a significant shift in addressing international child abduction cases. Initiated in response to global criticism, particularly from the ICAPRA 2023 report and in collaboration with the Hague Convention, this normative instruction, effective from March 30, 2022, aimed to reform and standardize Brazil’s judicial processes. It introduced stringent deadlines, including a 30-day limit for mediation and a 15-day timeframe for responses, and streamlined the analysis of injunctions for the immediate return of children, thereby expediting case resolutions and ensuring a uniform approach across all Brazilian states.

This reform significantly improved the efficiency of Brazil’s handling of child abduction cases. By 2023, there was a notable 15% increase in the number of children returned, highlighting the resolution’s impact. IN 449 not only reinforced the legal framework against child abduction but also enhanced the protection of children’s rights and Brazil’s standing in the international legal community, particularly in family law.

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lawyer in brazil - dr. mauricio ejchel

U.S.-Brazil Relations on International Child Abduction

Lawyer-Brazil, Mídia Escrita & Jornais /

In 2023, there was a significant 25% increase in the number of child return cases in child abduction situations, indicating a notable shift in the judiciary’s approach and understanding. This change underscores a heightened awareness and commitment among judges to improve the resolution of these cases.

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How to get married in Brazil

INTL BLOG, Artigos Recentes, Mídia Escrita & Jornais /

This article provides guidance on marriage and divorce processes in Brazil for those planning to wed a Brazilian individual. It explains that marriage in Brazil requires certain documentation for foreign nationals, such as a valid passport, a certificate of civil status from the home country, and various other documents translated into Portuguese. The legalization of these documents can be achieved via the Hague Apostille. A significant aspect of the marriage process is the selection of a marital regime, either the “Comunhão de Bens” (Communion of assets) or “Separação de Bens” (Separation of Assets). For those opting for Separation of Assets, a Prenuptial Agreement (Pacto Antenupcial) is essential. The concept of “Stable Union” (União Estável) is also introduced as an alternative to formalized marriages. Divorce in Brazil has been streamlined after the 2002 amendment to the Brazilian Civil Code. It can be processed through either the judicial or extrajudicial method. Lastly, the article touches upon child custody and visitation rights, emphasizing the importance of the child’s best interests and ensuring regular interactions between the child and both parents.

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Marriage and Divorce in Brazil

Artigos Recentes, INTL BLOG, Lawyer-Brazil, Legal Article, Mídia Escrita & Jornais, SEM CATEGORIA /

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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Brazilian Law for Non-Brazilians

Mídia Escrita & Jornais, Artigos Recentes /

This article is an in-depth exploration of Brazil’s legal system and its history, structure, and institutions. This guide provides a comprehensive overview of the Brazilian legal framework, including its civil law system, constitutional law, and legal institutions. It also examines legal education and reforms in Brazil, as well as recent developments and news in the legal field.

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Auxilio Jurídico Urgente no Exterior

Artigos Recentes, Mídia Escrita & Jornais /

Quando um Brasileiro necessita de assistência jurídica no Exterior, uma série de dificuldades surgem, começando pelo problema da comunicação em idioma estrangeiro, que se soma a tradicional má-vontade dos cidadãos “locais” para com “forasteiros”. Nesta situação poucas alternativas existem, mas o fato é que este Brasileiro terá de se socorrer através dos meios disponíveis. Leia

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