If you are considering divorcing your Brazilian spouse, it is important to understand the divorce process according to Brazilian law. This information is particularly relevant if your marriage occurred in Brazil, if you have shared assets located there, or if you have children who currently live or may reside in Brazil in the future.

The Brazilian divorce process encompasses key issues familiar in most jurisdictions, including dissolution of marriage, division of assets, custody of children, visitation rights, and financial support for spouses or children. Two primary options exist under Brazilian law: judicial divorce and extrajudicial divorce. 

Judicial divorce involves filing a lawsuit in court and is mandatory when spouses disagree on any terms or when there are minor or dependent children involved. Conversely, extrajudicial divorce is faster and simpler, conducted at a notary’s office through a signed deed, and is only possible when spouses fully agree on all matters and have no minor or dependent children.

Judicial divorce typically takes approximately 12 to 16 months for contested cases, but this duration can vary significantly depending on factors such as asset complexity, disputes over child custody, and the overall level of conflict between parties. Gathering evidence, expert evaluations, and resolving disagreements can substantially lengthen the process.

Foreign nationals intending to initiate divorce proceedings in Brazil must obtain a Brazilian tax identification number (CPF), which can easily be requested online through the Brazilian Revenue Service (Receita Federal). Brazilian courts also offer fully digital proceedings, allowing parties abroad to participate in hearings and submit documents remotely. 

If you were divorced abroad but your marriage was originally registered in Brazil, it will be necessary to seek formal recognition (“homologação de sentença estrangeira”) from the Brazilian judicial system for the foreign divorce decree to become legally valid in Brazil.

Issues concerning children, such as custody, visitation, and support, are commonly addressed within the divorce case itself. Brazilian courts follow the principle of prioritizing the child’s best interests, usually favoring joint custody arrangements. Joint custody involves shared decision-making authority between both parents, although it typically designates one parent—often the mother—as the child’s primary caregiver, with the other parent receiving structured visitation rights. 

Custody arrangements do not commonly include rotating physical custody; instead, the child generally maintains one primary residence, with clearly scheduled visitation for the other parent.

Visitation schedules for parents living in Brazil usually align with the child’s school calendar, incorporating weekends, holidays, and extended vacation periods. For parents residing outside Brazil, visitation often includes longer periods of international travel during vacations, combined with regular virtual contact to maintain strong parental bonds.

Child support obligations are calculated based on the child’s needs and the non-custodial parent’s financial ability. Child support payments generally continue until the child reaches 18 years of age but may extend up to 25 if the child remains enrolled in higher education. Non-compliance with support obligations can result in serious legal penalties, including asset seizure, travel restrictions, or imprisonment.

Temporary spousal support, also known as alimony, may be awarded to a financially dependent spouse for a transitional period, typically limited to two years, allowing that spouse time to become financially independent.

Brazilian law explicitly recognizes the concept of parental alienation (“alienação parental”). Courts actively address behaviors that negatively impact the child’s relationship with the other parent, employing measures such as custody modification, psychological evaluations, supervised visitation, and financial penalties to ensure healthy parent-child interactions.

Brazilian divorce law underwent significant modernization through Constitutional Amendment 66/2010, eliminating the requirement for previous separation or mandatory waiting periods. Divorce is now recognized as a fundamental right, available unilaterally by either spouse, without the necessity of proving fault.

Regarding marital assets, Brazilian law recognizes three distinct property regimes: universal community property, partial community property, and separate property. The regime chosen by the couple significantly influences how assets are divided during divorce proceedings. In the absence of a defined regime, courts consider each spouse’s financial contributions and roles throughout the marriage to determine a fair division of property.

International treaties, such as the Hague Conventions concerning child abduction and international matrimonial property, also shape how Brazilian courts handle cross-border divorce and custody matters. These conventions facilitate the enforcement of international custody orders and asset divisions, providing a structured legal framework for resolving complex international family disputes.

Additionally, Brazilian civil procedure strongly encourages alternative dispute resolution mechanisms, such as mediation and conciliation, particularly in family law matters. Courts often suspend formal proceedings temporarily to allow parties to negotiate settlements with the assistance of trained mediators and counselors, aiming to minimize conflict and promote mutually acceptable outcomes.

Due to the complexity of international divorce cases involving Brazilian jurisdiction, expert legal guidance from an attorney specialized in international family law is strongly recommended. If you require further information or assistance regarding your situation, please do not hesitate to contact me directly.

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