The purpose of this article is to explain the legal concepts of marriage and divorce in Brazil and to provide 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.

Religious marriage, commonly celebrated in Brazil, must be followed by mandatory civil registration to be legally valid and establish rights and obligations, including property rights, inheritance, and spousal duties.

Same-sex marriage has been legally recognized in Brazil since 2011, ensuring equal rights and protections under the law, including adoption, inheritance, pension, and health benefits.

Marriage registration begins with the submission of all required documents to the Cartório de Registro Civil (Civil Registry Office). The registry office will publish the intention to marry for a period (15 days) to allow for any public objections. Once this period has passed without objections, the marriage may be officiated at the registry office or another authorized venue.

Non-Brazilians must present a valid passport as their primary identification throughout the marriage process. Marriage with a Brazilian 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 marital property 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 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 marital 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 regime 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 clearly 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.

International Prenuptial Agreement is a private legal contract established by prospective spouses from different jurisdictions. It defines their financial rights and obligations within marriage and in cases of divorce, death, or inheritance. It must observe formal and substantive legal requirements and cannot conflict with local 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 quicker option. 

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, mandating 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. Importantly, a foreign parent’s residency rights, secured through their Brazilian child, remain unaffected post-divorce, ensuring continued parental presence and responsibility.

Title IX – CHILD CUSTODY

Child custody arrangements in Brazil are grounded in the principle of safeguarding the child’s best interests. This means that when determining child custody arrangements, the primary consideration is the well-being and overall benefit of the child. Decisions are made based on what is deemed best for the child’s physical, emotional, and psychological welfare, rather than solely on the preferences or conveniences of the parents and also, and the child’s views and preferences are also taken into account, especially if they are 12 years old or older.

In Brazil, “Shared Custody” 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. Often, there’s a designation of a “Primary Guardian” with whom the child resides, ensuring stability in the child’s day-to-day life. They are also responsible for making routine decisions and managing the child’s support funds appropriately.

The second modality of custody is referred to as “Unilateral Custody,” where one parent, designated takes full and sole responsibility for the child’s daily care and major decisions. The secondary parent is awarded visitation rights, allowing for regular interactions with the child. However, in this custody model, the secondary parent’s capacity is limited to oversee the child’s well-being under the primary custodian’s guidance, without actively intervening in everyday decisions.

Title X – PARENTING TIME

Regardless of the custody arrangement assigned to the child, the concept of primary caregiver or principal residence is recognized. 

This means that, even in shared custody, the child typically resides primarily with one parent, known as the primary caregiver, who provides daily care and supervision. 

On the other hand, the non-custodial parents are legally entitled to regular parenting 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, and the mid-year break. 

For parents residing outside Brazil, compensatory visitation is applied, granting longer periods of parenting time during school vacations, generally ranging from 15 to 30 consecutive days. Courts also encourage regular virtual communication, such as video calls, to maintain a meaningful parent-child relationship. In some cases, international travel with the child may be permitted, subject to legal authorization and the child’s best interests. 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 needs and the non-custodial parent’s financial capacity. The calculation considers the child’s living expenses, education, healthcare, and overall well-being, ensuring a fair and proportional contribution from the other responsible parent.

When a spouse requests child support in court, 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.

The monthly amount typically ranges from U$ 200.00 to U$ 5,000.00 or more, per child, but it can be significantly higher. Courts often set child support as a percentage of the non-custodial parent’s income, usually between 20% and 30% of their earnings. The specific amount depends on factors such as the child’s age, health, education costs, and the financial situation of the paying parent. The number of children the custodial parent has is not considered in calculating the awarded amount.

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. However, most legal frameworks limit this obligation to 25 years of age, regardless of academic status.

Non-payment of child support can lead to legal consequences, including fines and imprisonment, which serve as enforcement mechanisms for outstanding payments.

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 the economically weaker spouse can maintain a dignified standard of living after divorce or separation. It is generally temporary, except in exceptional cases such as permanent disability or inability to work. Factors like age, health, professional qualifications, and the time needed for financial independence are considered when determining the obligation.

Payments can be set as a fixed amount or a percentage of the payer’s income, as established by a court ruling or formal agreement. In cases of non-compliance, enforcement measures include asset seizure and, in some cases, civil imprisonment. Modification or termination of spousal support may be requested if there is a significant change in the financial situation of either party.

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.