Not long ago, the government changed the divorce laws in Brazil. It eliminated the need for a couple to show cause for a divorce. It also eliminated the long waiting periods by allowing for extrajudicial divorces in cases where no children are involved and where the parties both agree to the divorce.
Still, there is some question as to how the process works, especially when one spouse lives outside Brazil. Fortunately, it’s easier than it sounds. Here are the basics.
Divorce Documentation
The key document needed for a divorce is the marriage certificate. This proves the legal marriage, a point that must be confirmed before a divorce can take place. If the marriage occurred outside of Brazil, then the marriage must first be registered in Brazil.
Other required documents include (i) a formal declaration of divorce, (ii) evidence of former name changes (which in most cases will already be on the marriage certificate), and (iii) a power of attorney granting your lawyer the ability to act on your behalf. In the case there is property to be split between the parties, the court will also require copies of the property documents.
Also required is a notarized declaration from the “respondent” spouse affirming they consent to the process. This allows the judge to see that the feelings are mutual and that both parties are properly informed of the law, how it works, and what the process for the divorce entails.
Must Each Spouse be Present?
In Brazil, neither spouse needs to be present for an extrajudicial divorce. Each party can nominate a representative to act on its behalf. This saves a couple the expense of getting to Brazil to appear before the judge. Brazil is fortunate in this respect as some other countries require both parties to be physically present for divorce proceedings. Keep in mind, however, that the appointment of the representative is an additional document that would be required.
Limitations
Because marriages are recognized at the country level rather than internationally, divorces can only be recognized by an individual country. Hence, if a party lives outside Brazil, then that party will also be required pursuant to Brazilian law to notify the government where he or she resides. Finally, unlike countries like the United States, divorces in Brazil are valid throughout the entire country rather than just at the individual state level.
