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Recognition of Foreign Divorce in Brazil

Recognition of Foreign Divorces in Brazil

There are more than 750,000 divorces in the United States every year. If you were one of them or went through a divorce in another country, you may need to go through a legal process to have it validated in Brazil.

Brazilian courts will recognize foreign divorces, but you have to go through a specific process to make it happen. We’ve put together this article to outline that process and help you learn more about the topic. Let’s get started.

Why Recognize a Foreign Divorce in Brazil?

First, you may be wondering whether you actually need to have your foreign divorce recognized in Brazil at all. The answer may depend on your situation.

If you don’t have your foreign divorce recognized in Brazil, then you may still be considered legally married in the country. This could create a situation in which you owe money to a former spouse or aren’t able to remarry when you meet someone new.

If you plan on being in Brazil permanently or for at least a while, then having the divorce recognized in the country is for the best. You might as well take care of it now so that you don’t have to rush to get it done as soon as possible when something comes up that requires it in the future.

How Do You Recognize a Foreign Divorce in Brazil?

Brazil has a set of rules that lay out the steps that need to be taken in order to validate a foreign sentence within the country. Those used to apply for divorces, as well.

But a recent rule makes a distinction between consensual divorces and non-consensual divorces. It also outlines the differences between a standard consensual divorce and a “qualified consensual divorce”.

We’ll distinguish these for you below.

Consensual vs. Nonconsensual Divorce Requirements

Brazillian law distinguishes between divorces that are consensual and those that are nonconsensual.

A consensual divorce is one in which both parties peacefully agreed to the divorce. As long as there are no complicating factors (we’ll detail these in the next section) a consensual divorce is immediately applicable in Brazil – regardless of any ruling in the country.

But if the divorce is not consensual, then the party who wishes to dissolve the marriage may need to go through the standard foreign sentence validation process in order to have the divorce official recognized in Brazil.

Standard vs. Qualified Consensual Divorces

Even if the divorce was consensual, you may still need to go through the foreign sentence validation process if you have what’s called a “qualified consensual divorce”.

This term is used to describe consensual divorces that have complicating factors, such as child custody issues, property splitting, and other asset separation problems. In these cases, you still need to go through the foreign sentence validation process to have a ruling in another country apply to your life in Brazil.

What if I Don’t Have My Foreign Divorce Recognized?

There’s no legal requirement saying that you absolutely have to have a foreign divorce recognized in Brazil if you don’t wish to do so. There are a few things that can happen if you decide to just avoid the issue altogether.

First, if you meet the qualifications for a standard consensual divorce, then the marriage will be considered dissolved even if you take no legal action whatsoever.

But if you don’t meet those requirements, then you may still be considered legally married in Brazil until you validate the foreign sentence. This may or may not have an impact on your life based on the purchases that you make, whether you have any kids, and how your former spouse responds.

Even if you think that you don’t need to validate your foreign divorce in Brazil, it’s best to consult with a lawyer just to make sure that you won’t experience any problems as a result of that decision in the future.

Oliveira Lawyers Makes it Easier to Have Foreign Divorces Recognized in Brazil

Validating a foreign divorce in Brazil doesn’t have to be as complicated as it seems. If you have the right team on your side, you can get this done with minimal effort on your end.

That’s where Oliveira Lawyers comes in. We can take care of every step of the foreign divorce recognition process so that you don’t have to disrupt your life to complete this.

Get in touch with us to learn more about how we can help.