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Legal Separation in Brazil

Prior to filing for divorce, a married couple may decide to separate. It is often the first step in an official marriage dissolution. However, some couples might choose to legally separate in an effort to repair the marriage. Legal documents that declare separation indicate the couple will remain legally married in the eye of the law, but will be taking time separately to make decisions about the marriage. Part of the process involves creating a separation agreement document that can later be turned into a divorce decree. When you are considering a legal separation in Brazil with your spouse, it is important to find experienced family law attorneys that can guide you through the process.

Considerations You’ll Need to Make

Separation allows married couples the time and space they need to think about the future of their marriage. Additionally, it allows couples to spend time apart if they want a divorce but don’t want to surround themselves with the negative connotations. It is also a good way around divorce for people who have religious or personal beliefs against it. As for the terms of a legal separation, both parties can work together with attorneys to settle on an agreement. Some of these terms may include:

  • Division of Property and Debt
  • Support for your Spouse
  • Custody of Children
  • Child support
  • Division of Retirement, Pension and Accounts

If you and your spouse are considering filing for a legal separation, it is important that you take the time to go through your inventory together and figure out which assets and liabilities you’ll be splitting. In your search for relevant items, you should find any prenuptial agreements, tax returns, mortgages, bank statements and insurance policies. By finding these items before meeting with your family law attorney, you will save money, as the meeting will be shorter and will not require a follow-up. It will also give you more time to make important decisions associated with the separation.

Since many people going through a separation have never been through one before, it is highly recommended that legal guidance is sought out. Without legal guidance, you could easily leave some items out of the agreement, which will cause tension between you and your spouse. If certain arguments fall outside the realm of the legal agreement, they will have to be settled on a personal level, which is not always easy. Once emotions get involved, decisions become clouded and sometimes irrational. The whole purpose of making a separation official and legal is to avoid emotional disputes, so hiring an attorney to assist you in the settlement is wise.

It’s always a good idea to get legal representation and advice in these matters.

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