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Information Regarding Divorce in Brazil  The divorce process in Brazil can be complicated and time consuming. All individuals, regardless of nationality, who seek to get a divorce in Brazil must comply with Brazilian law. The U.S. Embassy cannot assist or give legal advice to persons desiring a divorce. The Embassy does have a list of attorneys available that may be able to assist you through the divorce process.
The following information will help guide you in the divorce process. Please make sure to obtain the most up-to-date information from the Brazilian Civil Registry office since requirements, procedures and fees are subject to change.General information Since divorce, like marriage, is a matter that is generally reserved to the States, rather than the U.S. Federal Government, there is no treaty between the United States and any other country on the enforcement of judgements, including the recognition of foreign divorces. However, a divorce decree issued in Brazil is generally recognized in the United States as long as two conditions have been met: - Both parties to the divorce received adequate notice, i.e. service of process.
- One of the parties was living in Brazil at the time of the divorce.
If a question arises in the United States, regarding the validity of a foreign divorce, all inquiries should be addressed to the office of the Attorney General of the State in question. It may be suggested that the petitioner retain a private attorney and be prepared to give that attorney copies of foreign marriage certificates, divorce decrees, and copies of the Brazilian divorce laws from the Brazilian attorney who handled the divorce in Brazil.
The U.S. Embassy in Brazil cannot register foreign divorces, but we can certify translations made by sworn translators or certify true copies of marriage and divorce records. It may be necessary to provide foreign authorities or your attorney with authenticated, translated copies of your foreign divorce decree or other documents. Consult your attorney to find out which documents may need to be authenticated before going through this expense. You may also obtain more information on authentication at the main U.S. State Department home page at http://www.state.gov.
There are many financial implications to divorce. A foreign divorce, obtained in good faith, is recognized by the Internal Revenue Service (www.IRS.gov), the Social Security Administration (www.SSA.gov), and the Veterans Administration (www.VA.gov). Their web-sites have benefits information for each State, in regards to divorce. Marital assets may be subject to the laws of both countries, regardless of where they are physically located.
Since there are several different ways for both marriage and divorce to occur, they need to be looked at based on the country where they were performed. There have also been several recent changes to the Brazilian Civil Code that may impact a divorce. They will be discussed under a separate heading. Marriage in the United States and Divorce in Brazil If you are married in the US and are seeking a divorce in Brazil, the Brazilian Government needs to have the U.S. marriage registered by a Brazilian Consulate in the U.S. The original, U.S. marriage certificate needs to be sent into the Brazilian Consulate that is in the petitioner's district. The certificate will be stamped and the marriage certified. Please allow at least 2 weeks for the marriage to be registered at the Registry Office in Brazil. Contact the Brazilian Consulate for the registration fee.
After registering the marriage in Brazil, the Brazilian Federal Supreme Court is the only authority able to declare the divorce. The petitioner will need to hire a Brazilian attorney to file the paperwork with the Supreme Court. After the paperwork is filed with the Supreme Court, a period of one year of judicial separation must pass before the separation is converted into a divorce. Then the petitioner must go to the Civil Registry Office to have the final decree certified. Marriage in Brazil and Divorce in the United States If the marriage is performed in Brazil and the divorce takes place in the U.S., the divorce will only be recognized in Brazil if one or both spouses are Brazilian and it has been ratified by the Brazilian Supreme Court. A period of one year from the date of the U.S. court's final decision must pass before the Brazilian Court will ratify the decision. An exception can be made if one year of Judicial (legal) separation occurs in the US, before the issuance of the final divorce decree in the US. The petitioner will need to hire a Brazilian attorney to file the paperwork with the Supreme Court. Both Marriage and Divorce in Brazil or the United States Judicial proceedings for that country need to be followed completely. If the petitioner was married and divorced in the United States and never registered their marriage with the Brazilian Consulate, they do not need to go through the Brazilian Supreme Court for a divorce. The Brazilian Consulate in their district can stamp and certify both the U.S. marriage certificate and the divorce decree, in case of later issues arising with child custody or financial matters. Common Law Marriage (living together) The new Brazilian Law Code recognizes a "stable union", defined as the relationship being "recognized and known". Judges look at each case individually, but generally speaking, a relationship of 2 to 3 years is considered a stable union, especially if the couple has children together. Therefore, many of the legal aspects/issues of divorce will apply to these couples. Additional Sources of Information
- The Department of State, Bureau of Consular Affairs web-site in the Judicial Assistance Section at http://www.state.gov
- Family Law Section of the American Bar Association - (312) 988-5000
- Center on Children and the Law (American Bar Association)-(202) 662-1740 or http://www.abanet.org
- American Academy of Matrimonial Lawyers-(312) 263-6477 or http://www.aaml.org
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