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Registration of foreign divorce in Brazil

View profile for Luigi Bernardis
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Currently, there are two ways to validate a foreign divorce in Brazil, which are: (a) “homologation before the Superior Tribunal of Justice – STJ” and (b) registration before the Brazilian Civil Registry.

Before the commencement of the New Civil Procedure Rules, the Brazilian legislation only allowed option “a” above, that is, it was only possible the homologation of the foreign divorce via court proceedings before the “STJ”, most of the times a costly and lengthy process. However, the Brazilian legislator decided to give agility to the registration and efficiency of the foreign divorce, conferring to the Civil Registrars the assignment to register the called ‘pure consensual divorce’ – understood as divorces where there is no disposition as to custody of children, alimony payments and/or maintenance orders and division of property and money (article 961, §5º, Civil Procedure Rules). If any of such dispositions are present (custody, maintenance order and/or division of property and money) – denominated ‘qualified consensual divorce’ – the requirement for the homologation before the STJ remains, in accordance to articles 960 and its subsequent of the Civil Procedure Rules and article 105, I, i, of the Brazilian Constitution. 

It is worth mentioning that the homologation in Brazil of a foreign divorce, demands the fulfillment of the legal requirements and the presentation of the relevant documentation. It is therefore prudent to seek legal advice so that the claim of the interested party is reached in an agile and effective manner.  

Disclaimer: These articles are for information purposes only and are not intended as legal advice. Professional advice should always be obtained before applying any information to particular circumstances.