THE BRAZILIAN CITIZEN WHO LIVES ABROAD STILL HAS RIGHTS AND DUTIES, SUCH AS THE DUTY TO COMMUNICATE SOME ACTS OF CIVIL LIFE INCLUDING DIVORCE.
Below are some of the most frequent questions.
I live abroad. Do I need to go to Brazil to get my divorce?
No. Brazilian residents anywhere in the world can legalize their divorce in Brazil. It is not necessary to go to Brazil to file for divorce. It is possible to hire a reliable Brazilian lawyer to file the case. Upon meeting the legal requirements and gathering the necessary documents, there is no obstacle to divorce in Brazil.
Can I get a divorce at my place of residence abroad?
Yes, if a Brazilian citizen prefers to get a divorce in the place where he or she resides (abroad) it is possible to do so. However, once the divorce has been decreed abroad, it will only take effect in Brazil after the Brazilian authorities have been informed. There are two ways to obtain recognition of divorce. In particular, there is the registration of divorce at a notary’s office and the homologation of a foreign sentence before the Superior Court of Justice (SCJ).
Where can you file your divorce petition?
When the divorce is consensual, in which both (you and your spouse) have agreed to end the marriage with no assets to be shared or custody decision of minor children and child support to be determined, it is possible to register the divorce in the Brazilian offices of Civil Registry.
Once the registration is completed, the notary will issue a Brazilian divorce certificate. The direct registration does not depend on the homologation of the SCJ nor on any other Brazilian judicial authority.
However, the homologation of foreign judgment is a judicial process under SCJ jurisdiction through which the interested party seeks to recognize and effectuate an act coming from a foreign authority in Brazil. This will happen when the divorce is litigious, in which the parties (you and your ex-wife or ex-husband) are not in agreement regarding property share or determining custody of minor children or child support.
Can I ratify the foreign judgment without the representation of a lawyer?
No. The homologation of a foreign divorce decision requires the representation of a lawyer duly registered with the Brazilian Bar Association. Once the homologation of the divorce at the SCJ is concluded, it must be registered at the Brazilian Civil Registry Office, which will then issue a certificate of divorce in Brazil with the registration of the divorce.
Is the “permission” or “consent” of the other spouse required?
No. Recognition of divorce in Brazil does not require the consent of the other party. However, it will be necessary to cite the other party, and if the parties have a friendly relationship, it is advisable to present the citation letter duly signed by the other party to promote a speedy process.