How does divorce work in Brazil? Firstly, it is needed to say that in Brazil you can get a divorce anytime you want. If you are married you automatically have the right to divorce — it constitutes an acquired right.
DO I NEED A REASON?
A reason is not needed for your decision; your partner doesn’t need to agree to your choice of divorce. The simple aim of divorce by one can make the divorce happen.
Awesome, right? And how do you do it? Do you need to go to court?
Maybe, but not really.
Depending on the circumstances it is possible to divorce in an administrative way in a place we call in Portuguese “Tabelionato de Notas”, kind of a Notary’s Office. It is a simple, effective and easy way to divorce.
Let me show you the requirements!
Can I retire in Brazil using time worked in another country?
ADMINISTRATIVE/NOTARY’S OFFICE
There are some requirements for fast and simple divorce in the notary’s office. The couple needs to (i) both agree; (ii) if there’s a woman, she can’t be pregnant; (iii) the couple can’t have underage or incapable children;(iv) if there’s capital or capital assets, the couple needs to have an agreement about it (your lawyer can help you with that); (v) the couple needs to have a lawyer.
If the couple fills the requirements, they just need to find a good lawyer. The lawyer will deal with the documents, verify the agreement and start the procedure in the notary’s office.
It can be done online, but at the end of the procedure, the ex-couple will have to go there to sign the documents.
It should be said that no, the couple doesn’t need to sign at the same time. They can go at different hours or days, so you don’t have to see the ex again, I promise.
Also, if you’re a woman you can require to change your surname to the one you used before if you want to.
Once all is done, the now ex-couple pays the taxes for the notary’s office and signs the document. The next step is going to the registry office where you guys are married to alter the document. Also, if you guys made an agreement about assets like houses or cars, you need to alter that too. Your lawyer can help with that as well.
JUDICIAL DIVORCE
Unfortunately, not all people can get a divorce in the notary’s office. If the couple (i) has underage or incapable children; (ii) doesn’t agree with a deal with the assets; or (iii) one of them doesn’t accept the divorce; there’s no other way than judicial divorce.
But wait, there are two types of judicial divorce in Brazil. The first is called consensual divorce and the other one is called contentious divorce.
CONSENSUAL DIVORCE
In the consensual one, the couples have a deal for everything but are unable to use the notary’s office way because they have minor or incapable children.
This happens because here in Brazil the Public Ministry needs to keep an eye on the process to make sure the children’s rights are being respected.
Well, common law countries don’t have a Public Ministry, but we can say they’re an organ that makes sure public rights are respected.
Anyway, in a consensual divorce, only one lawyer is needed to represent the couple, it’s kind of economic. Also, the judge basically ratify the deal, so you can call it a simple procedure.
CONTENTIOUS DIVORCE
To go straight to the contentious divorce the couple only needs to disagree on one thing. And that thing can be anything. Maybe the assets deal, maybe the child support, anything.
In this case, one of the parts hires a lawyer that starts the judicial process. The judicial process in civil law countries is pretty different from common law countries, I must say in advance.
A lawyer will draft a complaint that will contain the applications about assets, children’s custody and support, etc. The other part will be summoned to offer a defence presentation and a deadline will start.
In a litigious divorce, each part will need to be represented by a different lawyer.
It’s worth reminding that the judge will declare the divorce right after receiving the complaint. The process only continues with the other conflicts.
The process will follow all the due process of law until the judgement comes out. After that, a deadline will be open to appeal, after this deadline ends, then, everything is over.
Can I cancel my divorce?
A very popular question, I must say.
The answer is: it depends on where the process stage is.
- If you haven’t signed the divorce in the notary’s office yet, there is a chance to cancel it;
- If you have, then you can’t cancel it anymore;
- If the deadline for the appeal isn’t over yet in court, there is a chance to cancel it.
- If it has already ended, then you can’t cancel it anymore.
It is good to remember that even if you “cancel” you still have to pay taxes and judicial costs.
Do you still have questions? Contact us 😉
Daiane Tomé Furlanetto | Attorney
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