Registration of Divorce Papers in Brazil

Brazilian Law / Divorce – “Homologação de Divórcio” – Recognition of foreign divorce judgments, adoption judgments “Homologação da Adoção” or from maintenance judgments “Homologação de sentenças estrangeiras sobre pensões” in Brazil

The law office Springmann offers this service in cooperation with the office of Cleire de Quadros Sambo (mobile: 0157-87255218 / e-mail: cs@kanzlei-spr.de) for

(a) judicial representation in front of the Superior Tribunal de Justiça, as well as

b) bureaucratic/notarial registration of divorce and adoption papers in Brazil, as follows:

Just send us the paperss, we take care of necessary certifications, legalizations or apostilles and translations of your documentation.

Required documents

  1. Power of attorney in Portuguese language
    Our office gives you a draft of the power of attorney.
  2. The foreign judgement with certificate of finality. The law firm takes care of necessary certifications, apostilles, etc., also facilitates translation services in Brazil, in order to achieve a better price and faster service for you.
  3. The consent of the spouse / or of the biological parent in the case of adoption. The office takes care of the necessary certifications, apostilles, etc., and also offers a translation service by Mrs. Cleire de Quadros Sambo  (info@tradutora-cleiresambo.com) with a better price, faster service and a reliable result.
  4. Extract from the marriage register (original copy of the “certidão de casamento”) or extract from the birth register (original copy of the “certidão de nascimento”).

The office also arranges the registrations with the registries (so-called “Cartórios do Registro Civil das Pessoas Naturais”) and arranges the certificates with apostille abroad.

The registrations that are necessary afterwards require time and effort. The office will organize this for you at a reasonable price. Please contact us. We are happy to advise and represent you!

When is the registration and recognition of foreign decisions (so-called "homologação") necessary?

CASE 01: (so-called ‘divórcio puro ou simples’)

Your divorce paper only contains the divorce and not any other regulation such as maintenance, custody, property disputes or agreements.

A Brazilian* citizen who was divorced abroad is not considered to be divorced in Brazil until he has registered his foreign divorce decree.

1. either: directly (averbação direta sem processo judicial in case 01) with the Registry Office
2. or: in judicial proceeding (all so-called divórcios qualificados) in front of the Supreme Civil Court “STJ”.

*Foreign spouses must also proceed as above (1.and 2.) if they are divorced from a Brazilian citizen and wish to marry a Brazilian citizen again.

You can talk to us about alternatives of registrating with a notary’s office or the Supreme Court, because only the analysis of your judgement in the specific case provides an answer.

We will be happy to represent you in either one of the above situations: the court proceedings or the registration with the notary combined with the bureaucratic preparation of the documentation for the authorities in Germany and Brazil.

CASE 02: (divórcio qualificado)

Your judgment with certificate of finality regulates the divorce of the marriage and makes further arrangements such as maintenance, custody, settlement of assets or post-marital agreements.

Case 03: (other judgments and/or decisions from abroad)

Your foreign judgment with certificate of finality regulates the adoption of a child and must be recognized in a “third country” not subject to the “Hague Convention on Child abduction” or the new name of the adopted child must be registered in Brazil. A Brazilian identity card and/or new passport must be applied for.

The litigation proceeding, the recognition proceeding of adoption and the divorce judgments with other (post-marital/name-law) regulations must have to be dealt by the Supreme Court “Superior Tribunal de Justiça” and you need the legal representation in these cases.

We do have more than 18 years of experience in handling such case constellations in front of the Supreme Court in Brasília.

The Brazilian Constitution in Art. 105 f CF and Art. 109 X CF as well as the new legislation of the NCPC Art. 960 to 965 stipulate these proceedings and all recognitions of foreign decisions to the sole jurisdiction of the Supreme Court “Superior Tribunal de Justiça” (STJ). All decisions that are not so-called “simple e puro decisions”, i.e. foreign decisions with qualified regulations must be recognized by a judicial procedure in order to be valid in Brazil. They also require  representation by a local lawyer.

These proceedings are required in Brazil, not only to update the documents for the purpose of a new marriage, but also whenever a marital status or matrimonial property status must be proven, i custody or maintenance matters concerning children or if the ownership of a property after the divorce is to be registered. The same applies to an  inheritance settlement in Brazil.

We also arrange the registration with the registry offices (so-called “Cartórios do Registro Civil das Pessoas Naturais” and “Cartório do Registro de Imóveis” in case of transfer of ownership after distribution of goods) through our local cooperation partner: office Cleire de Quadros Sambo.

The registrations required after these proceedings take time and effort. The office can arrange this for you at a reasonable price.

Please contact us. We will be happy to advise you!

Duration and costs of the proceedings

Duration
The duration always depends on the complexity of the individual case, the scope of the documentation and judgements and also on the time table of the individual judge. Usually it takes about 2 to 3 months for the judgement and additionally 4 to 8 weeks for the publication of the so-called “carta de sentença” – i.e. all documents of the judgment .

Costs
The fees and expenses are calculated depending on the procedure and scope of the bureaucratic requirements. The law firm has to determine the individual situation and agrees with the client on a remuneration.

Please contact us so that we can determine thethe costs of your case.

Online enquiry

You can present your case to me without any obligation and I will give you a first opinion on your possibilities and costs.