Legal Magazine

Brazilian Divorce Law: Getting Divorced After a Short Marriage

Posted on the 14 October 2014 by Angelicolaw @AngelicoLaw

Brazilian law in the realm of divorce has undergone some constitutional changes in the last few years. It used to be that you couldn’t get a divorce immediately after getting married. Instead, you’d have to wait a considerably long time before that divorce could be done. Brazilian law required that you be married for at least one year before you could even file for divorce. On top of that, the divorce process could take up to two years, leaving couples who desperately wanted to move on to be stuck in a marriage for at least several years.

In some places, laws still exist that require someone be married for at least a year before they can fully divorce. In Brazil, however, there was a realization of how much this tied up the courts. With a constitutional amendment in 2010, everything changed.

Quicker Divorces Without Citing Specific Reasons

Through Brazil’s 2010 constitutional amendment on divorce, someone who married just a week earlier can now get a divorce without incident. You also don’t need to cite a reason for the divorce, which was previously mandatory. This essentially removes the process of fault or no-fault divorce cases that you see elsewhere.

As a result of this constitutional change, divorce rates have skyrocketed in Brazil. According to statistics, they’ve jumped 46% due to the ease of having a divorce done so quickly.

Keep in mind, though, that you still need to work together in order to divide any assets that you might have shared during the time of your marriage. A Brazilian divorce lawyer is still going to be essential to help you file the proper paperwork to the divorce and help you with any asset distribution issues. Also, in the event there are children, you’ll need to think through the complexities of child custody and alimony.

If you’re currently living in Brazil and need to deal with a divorce, there is good news. With the assistance of a family law attorney, you can quickly file and efficiently move through the process, all while maintaining your peace of mind.


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