How to Have a Foreign Marriage Recognized in Brazil (the ultimate guide!)

Ensuring your marriage performed abroad is legally recognized in Brazil is crucial for real estate transactions, inheritance rights, immigration, and more. Achieving a Recognized Foreign Marriage status guarantees that your rights are fully protected from the start. The process is sometimes called Transcrição de Certidão de Casamento or Registro de Casamento in the Brazilian system. Although there may be multiple ways to legalize your foreign marriage certificate, this guide will emphasize the most straightforward and officially recommended method: legalization through a Brazilian Consulate or Embassy, followed by registration at a Brazilian Civil Registry (Registro Civil de Pessoas Naturais – RCPN).

1. Obtain the Original Foreign Marriage Certificate

Request the “long-form” or “extended/full” version of your marriage certificate.

• This version typically contains detailed information about the spouses, witnesses, place, date, and any relevant legal notes.
• Copies are not acceptable—you need an original, authentic certificate issued by the competent authority in the country of marriage.

Obtain the certificate in the same country where the marriage took place whenever possible.

• This reduces the risk of extra bureaucracy and ensures consistency in verifying the document’s authenticity.

Complex Cases

• If there are any complicating factors—such as previous marriages, name changes, different legal systems, or other unusual aspects—schedule a consultation with our firm (or your trusted legal advisor) to receive tailored assistance and guidance.

  Early discussions can help ensure a smooth process for a recognized foreign marriage in Brazil.

Where to Check More Details

• Local Vital Records Office (or equivalent): For instructions on obtaining the long-form marriage certificate in that specific country.
• Brazilian Consulate/Embassy in the marriage-issuing country: They may also provide guidelines on the type of certificate required.

2. Understand Why You Should Legalize the Marriage Certificate Through a Brazilian Consulate or Embassy

Although apostille is a common international validation mechanism, the best practice for Brazil is legalizing your foreign marriage certificate directly through the competent Brazilian Consulate or Embassy in the country where it was issued. This route is highly recommended over apostilling when possible, and it’s your most reliable method to secure a foreign marriage status in Brazil.

Why Use the Brazilian Consulate/Embassy Route?

a. Official Recognition: Consular or embassy legalization carries an immediate seal of approval from Brazilian authorities.

b. Marital Asset Regime Clause: You can add or choose a regime de bens (marital asset regime)—such as Comunhão Parcial de Bens or Separação de Bens—as part of the transcription process. This step is critical for future transactions in Brazil.

c. Avoid Additional Steps: By going through the Consulate/Embassy, you usually do not need a sworn translation (tradução juramentada) later in Brazil, since the consulate-issued document is recognized in Portuguese.

Important: Failing to specify a marital asset regime at the time of transcription can cause major headaches for buying real estate, entering into financial contracts, or dealing with inheritance matters in Brazil.

3. Steps to Have Your Marriage Certificate Transcribed by the Brazilian Consulate or Embassy

Although each consulate or embassy might have slightly different procedures, the general process usually involves:

a. Open a request via the e-consular platform or the consulate’s specific appointment system.

b. Gather the required documents, typically:

1. Original marriage certificate (long-form).
2. Non-expired Brazilian ID document for the Brazilian spouse (e.g., Brazilian passport, driver’s license, RG, or professional ID).
3. Proof of Brazilian citizenship for the Brazilian spouse (e.g., Brazilian birth certificate, previous marriage certificate showing divorce annotation, or naturalization certificate).
4. Proof of identity of the foreign spouse (passport or driver’s license).
5. Proof of nationality of the foreign spouse (foreign birth certificate, foreign naturalization certificate, etc.).
6. Proof of marital status for the Brazilian spouse:
   – Brazilian birth certificate issued within the last 6 months, OR
   – Brazilian birth certificate issued longer than 6 months ago plus a formal declaration from two witnesses stating there are no impediments to the marriage. (The consulate should provide a form for this purpose; note that the witnesses cannot be the spouses themselves.)
7. Proof of marital status for the foreign spouse:
   – Certificate of divorce (or death certificate of a prior spouse), if applicable, and
   – A mandatory declaration signed before a notary public that the foreign spouse has never divorced a Brazilian national in the past (if required by the local consulate).
   Prenuptial agreement/pact, if any.
8. Documents proving any name changes (e.g., prior marriage certificate, updated passport, social security card, green card, or driver’s license showing the new name).
   Submit all documents and pay the fees.

Attending the appointment

• Fees vary per consulate. Check the specific consulate’s website for an updated fee schedule. An appointment will be required in most if not all the consulates and embassies.
• In many cases, you will provide the documents in advance via email or the e-consular system. On the day of the in-person appointment (or on the day you receive confirmation), the Consulate should issue your Transcrição de Certidão de Casamento (Brazilian marriage certificate).

Timeline: Often, once your documents are in order, the process is completed the same day or within a few days of the appointment.

4. Alternative Legalization Route: The Apostille (Only If You Cannot Use the Consulate/Embassy)

In rare cases where the consular route is not feasible—perhaps the country of issuance has no Brazilian consular service available or you are under tight time constraints—you can legalize the document via the apostille process. Consider this a fallback approach, as it involves additional steps that the consular route simplifies.

Apostille from a Hague Convention Country

1. Check if the issuing country is part of the Hague Apostille Convention.

• You can verify membership on the official Hague Conference on Private International Law website: www.hcch.net.

2. Obtain the apostille.

• Take your long-form foreign marriage certificate to the authorized local authority that issues apostilles (e.g., Secretary of State offices in the U.S., Foreign Affairs Departments in other countries).

3. Register (transcribe) in Brazil.

• After you have the apostilled certificate, you must register it with a Civil Registry in Brazil (RCPN) to obtain a Brazilian marriage certificate. See Section 5: Register Your Marriage in Brazil.

Important: If the marriage certificate is not in Portuguese, a sworn translation in Brazil and an additional recording at the RTD (Registro de Titulos e Documentos) will typically be required before the RCPN accepts it.

Non-Hague Countries

If the foreign country does not participate in the Hague Convention and you cannot legalize it at a Brazilian Consulate, you may need extra steps (e.g., notarization, Ministry of Foreign Affairs authentication in that country) before presenting it to a Brazilian authority.

The Big Downside of Following the Apostille Route

Countries such as the United States, Canada, Australia, United Kingdom and many others follow state law when it comes to marriage. Brazil, on the other hand, has federal law applicable to marriage. The Brazilian law addresses 4 different types of “marital asset regimes” that Brazilians must choose when marrying.

The challenge of a marriage done in a country such as the United States is that such marriage will lack such marital asset regime. Missing or undefined marital asset regimes can hinder real estate acquisitions or cause issues with inheritance. Different countries’ laws on marital property can clash with Brazilian legal principles, necessitating professional legal support.

In extreme cases, you may end up needing a legal suit in Brazil to officially choose or record a marital asset regime if it was never specified abroad.

5. Translate the Marriage Certificate (Only Required If Using the Apostille Route)

No Translation is needed if you followed the Consular Route! The Consulate/Embassy often issues the Registro de Casamento Consular in Portuguese or recognizes your marriage certificate as valid in Portuguese.

Sworn Translation (Tradução Juramentada) Is Mandatory with Apostilles

If the foreign marriage certificate is in a language other than Portuguese and you are using an apostilled document, you must have it translated by a tradutor juramentado (officially sworn translator recognized in Brazil) before registering it at the Civil Registry (RCPN).
Where to Find a Sworn Translator:

In Brazil, each state’s Commercial Registry (Junta Comercial) or specific translator associations typically maintain a list of officially sworn translators.

RTD Additional Step

After the sworn translation is completed, an additional recording at the so-called Registro de Titulos e Documentos (aka “RTD”) is required.

6. Register Your Marriage in Brazil (The RCPN Part of the Process)

After completing either the Consular Legalization or the Apostille process, the final step is registration (transcrição) at a Civil Registry in Brazil. This is how your marriage gains full legal validity within Brazil.

(a) Identify the Appropriate RCPN

• If one spouse resides in Brazil: Use the RCPN that covers the residential address of the Brazilian spouse (or foreign spouse, if the foreign spouse has established residency).
• If neither spouse resides in Brazil: It is common practice to register the marriage at the 1st RCPN in Brasília, DF, or any notary public (cartório) that has authority to handle out-of-country marriages.

(b) Gather the Required Documents

• Legalized or Apostilled Long-Form Marriage Certificate
  – If consular route: You have the foreign marriage certificate and the Portuguese transcription provided by the Consulate.
  – If apostille route: Provide the apostilled certificate plus sworn translation stamped by the RTD.
• IDs of Both Spouses (Brazilian ID, passport, or other valid photo ID).
• Proof of Address (if registering in your area of residence).
• Power of Attorney (Procuração) if you cannot appear in person.
• Must be formally granted to someone who can submit documents and sign on your behalf.

(c) Submit Documents and Pay the Fees

• Once the RCPN reviews and accepts your documents, they will issue a Brazilian marriage certificate.
• This certificate is what you will use for all legal and civil purposes in Brazil. Securing this certificate is the final step to having your recognized foreign marriage in Brazil.

7. Follow-Up Steps

(a) Name Changes & Brazilian Documents

If either spouse changed their name due to marriage, update Brazilian documents accordingly:

• New Brazilian Passport
• New RG (Registro Geral) or CNH (Driver’s License)
• Any other Brazilian public records (voter registration, professional registrations, etc.)

(b) Marital Status Updates

Once registered, you are officially “married” under Brazilian law, so you must declare your new status in any legal scenario—such as property deeds, wills, or even immigration processes in Brazil. Misrepresenting your marital status in a public document is prescribed as a crime punishable by jail and financial fines in the Brazilian penal code. DON’T DO IT.

(c) Maintain Certified Copies

It is wise to keep certified copies of both the foreign marriage certificate and your Brazilian  marriage certificate. These may be necessary for real estate deals, inheritance procedures, insurance claims, or other civil and commercial transactions in Brazil.

8. Key Points & Considerations

Why Register Your Foreign Marriage in Brazil?

For a Brazilian registering a foreign marriage in Brazil is not an “option”. Brazilians must have their marriages registered in Brazil under penalty of not being issued a new passport nor being able to accomplish important acts of their lives such as purchasing real estate. Additionally, such registration ensures you – as a Brazilian – enjoy all the legal rights and protections of a marriage under Brazilian law—important for inheritance, social security benefits, property transactions, and more.

Timeframes & Costs

• Vary by consulate and RCPN. Always confirm the specific fees and processing times.

Previous Marriages or Divorces

• Provide documentation (divorce decrees, annulments, etc.) to show you were free to marry at the time of your foreign marriage.

Choosing a Marriage Asset Regime

• Decide on the Brazilian asset regime when transcribing through a consulate.
  Omitting this can lead to a costly, time-consuming legal suit later if you need to formalize property-related decisions.

Seek Professional Help

If you encounter any unusual complications—lack of documents, no access to a consulate, urgent deadlines—consult an attorney experienced in international family law and Brazilian legal processes.

Conclusion

Recognizing a foreign marriage in Brazil is essential to ensure all marital rights and obligations are fully upheld under Brazilian law. Although it can sound bureaucratic, the recommended route is to legalize the marriage certificate via the Brazilian Consulate or Embassy where the marriage was performed. This way, you can:

• Avoid the need for sworn translation,
• Quickly specify a marital asset regime, and
• Ensure official Brazilian recognition from the start.

If you must use the apostille route (“Plan B”), be prepared for extra steps such as sworn translation, RTD procedure, and possibly even judicial actions regarding the asset regime in Brazil.

Want More Help?

If you have additional questions or face complex circumstances—such as residency issues, unusual legal requirements, or urgent deadlines—contact our law firm. We specialize in guiding foreign citizens and Brazilian nationals through the intricacies of Brazilian law, including the registration of foreign marriages. A personalized consultation can save you significant time and provide peace of mind, especially where the stakes involve property ownership, immigration, or inheritance.

9. References & Helpful Links

Brazilian Ministry of Foreign Affairs:

• Portal Consular – Find your nearest Brazilian Consulate or Embassy and check services, fees, and requirements: https://www.gov.br/mre/pt-br/assuntos/portal-consular
• e-consular System – Online platform for scheduling and submitting documentation for many consular services: https://econsular.itamaraty.gov.br/

List of Hague Apostille Convention Member Countries:

• Hague Conference on Private International Law (HCCH): https://www.hcch.net/en/home

Official Sworn Translators:

• Check the Junta Comercial (Commercial Registry) of the state in Brazil where you plan to register or your local translator associations. Each state has its own list of accredited tradutores juramentados: https://www.gov.br/mre/pt-br/consulado-hartford/tradutores-juramentados-no-brasil/lista-de-tradutores-juramentados-por-estado

Civil Registry (Cartórios):

You can find the appropriate RCPN on the CNJ (Conselho Nacional de Justiça) Notary and Registry Services website or by consulting local directories of cartórios.

With your marriage officially recognized in Brazil, you can move forward confidently, knowing that your marital status is on solid legal footing for all future personal, property, and financial matters within Brazilian jurisdiction. If any step seems complicated or if you face obstacles, do not hesitate to seek professional legal assistance—ensuring you and your spouse enjoy all rights and protections available under Brazilian law.

FAQ (Frequently Asked Questions)

 

1. Is it mandatory to register my foreign marriage in Brazil?

For Brazilians, yes, it is mandatory and can preclude them from getting a new passport and other benefits from the law. For foreign citizens, strictly speaking, registering your “foreign marriage to a Brazilian” in Brazil is not an immediate legal obligation. However, without registration (known as transcrição), you will face obstacles when dealing with property transactions, inheritance, and other legal processes in Brazil. For example, proving your marital status in Brazilian courts or government offices will be more complex if your marriage is not officially recorded.

2. Which method is best for legalizing my foreign marriage certificate—Consular or Apostille?

The Brazilian Consulate/Embassy route is strongly recommended over the apostille route. Consular legalization allows you to:

• Incorporate a regime de bens (marital property regime) directly into your Brazilian marriage certificate.
• Avoid the sworn translation and RTD requirements (in most cases).

The apostille process (Plan B) should be used only if consular legalization is impossible or extremely difficult to arrange.

3. Do I really need the “long-form” marriage certificate?

Yes. The long-form (or extended/full version) contains the detailed information that Brazilian authorities require, including information about the parties, witnesses, and relevant legal annotations. Short-form or abstract certificates usually do not provide enough data to complete the Brazilian registration process.

4. How do I choose or confirm my marital asset regime in Brazil?

When registering your marriage via a Brazilian Consulate/Embassy, you can specify a regime de bens—for example, Comunhão Parcial de Bens (partial community property), Separação de Bens (separation of assets), etc. This choice is essential for future legal and financial transactions in Brazil. If you do not select a regime at this stage, you might need to initiate a separate judicial proceeding in Brazil to define it later—a process that can be costly and time-consuming.

5. Can I still register my marriage in Brazil if I’m not living there?

Yes. If neither spouse resides in Brazil, you can register your marriage at certain designated Civil Registry offices. A common practice is using the 1st RCPN in Brasília or another recognized notary office that handles out-of-country marriages. You may grant a power of attorney to someone in Brazil to submit the documents on your behalf.

6. What if I can’t go in person to the Brazilian Consulate/Embassy?

Most consulates have online systems (e.g., e-consular) where you can upload documents and potentially schedule a mail-in or courier service for certain steps. However, in many cases, at least one spouse (or a legally authorized representative) will need to appear in person. Requirements vary by consulate, so confirm with the specific mission that has jurisdiction over the place where the marriage was performed.

7. Does my spouse need a visa to come to Brazil if our marriage is already recognized abroad?

Recognition of your marriage in Brazil does not automatically grant the foreign spouse a visa. However, once you have proof of your marriage recognized in Brazil, you can often apply for a family reunion visa (Visto de Reunião Familiar) or permanent residency in Brazil, streamlining the immigration process.

8. What is the role of a “sworn translation” (tradução juramentada)?

A sworn translation is an officially recognized translation completed by a translator accredited in Brazil. You need this if you follow the apostille route and your marriage certificate is not in Portuguese. With the consular route, the Consulate’s documentation is typically recognized in Portuguese, so a sworn translation is usually unnecessary.

9. How much time does the process typically take?

Timeframes vary. The consular legalization can take from a few days to a few weeks, depending on the consulate’s workload and your ability to provide the required documents promptly. The final registration at a Brazilian Civil Registry usually takes a few days to a few weeks once all documents are in order. Always check with the specific consulate and RCPN for local timelines.

10. What fees can I expect when legalizing and registering my marriage?

Fees vary per consulate and RCPN. Expect to pay fees for:

• Marriage registration/transcription.
• Notary services, if any.
• Shipping or courier fees for document return.
• In Brazil, the RCPN will also charge a registration fee. It is advisable to consult the official website of the relevant consulate or RCPN for up-to-date pricing.

11. Is it possible to register a same-sex marriage performed abroad?

Yes. Same-sex marriages performed abroad generally can be registered in Brazil, where same-sex marriage has been recognized by the Federal Supreme Court since 2013. The process follows the same steps for document legalization and registration, without additional restrictions.

12. What happens if I never register my foreign marriage in Brazil?

Your marriage will still exist and be valid abroad, but under Brazilian law, you will face complications. You may have trouble:

• Transferring property or buying/selling real estate.
• Proving spousal rights in courts or inheritance proceedings.
• Accessing certain spousal benefits or immigration advantages.
• In short, you risk legal ambiguities that can be costly and stressful to resolve later.

13. We already had a prenuptial agreement abroad; will Brazil recognize it?

It depends on how the agreement is executed and legalized. Brazil typically recognizes foreign prenuptial agreements if:

• The agreement is included as part of the marriage registration process; and
• It is properly legalized (via the consular or apostille route) and translated into Portuguese if necessary.
• To ensure legal validity under Brazilian law, consult a Brazilian attorney for a formal review of the agreement.

14. Can I choose a different marital asset regime in Brazil than the one I had abroad?

Generally, the regime chosen abroad should match the one you declare in Brazil. However, in some cases, Brazilian law allows couples to opt for a different regime upon registration—but that could involve additional formalities or even a judicial process. Always consult a lawyer if you want to deviate from the original arrangement to avoid legal conflicts.

15. I used the apostille route; how do I add the marital asset regime now?

If your marital property regime was not stated, possibly file a separate legal petition in Brazil to formalize or alter the regime (“post-nuptial agreement” via court procedure).

This is why the apostille route is considered a Plan B—the consular approach is far more straightforward for designating a marital property regime.

16. What if the foreign spouse changed their name multiple times in other countries?

Collect all documents demonstrating each name change (e.g., prior marriage certificates, court orders, updated passports, driver’s licenses). You must prove the legal continuity of identity from one name to the next. The Brazilian consulate or RCPN may request these documents, plus any translations, to confirm there is no inconsistency in your records.

17. We got married in a different country from where we currently live. Which consulate do we use?

Ideally, contact the Brazilian Consulate/Embassy in the country where the marriage certificate was issued. That mission usually has jurisdiction over documents from that country. If you are no longer there, check with the Brazilian Consulate in your current country of residence; they may direct you to mail or courier your documents to the appropriate mission, or guide you through alternate procedures.

18. How do I prove my foreign spouse’s single/divorced status to the Brazilian authorities?

For the foreign spouse:

• Provide a birth certificate or local civil registry document indicating single status.
• If divorced or widowed, show divorce decrees or death certificates of former spouses.
• In some consulates, you must sign a sworn declaration before a notary (or the consulate itself) attesting to the foreign spouse’s freedom to marry.

20. If I need professional assistance, who should I contact first?

You have two primary resources:

A Brazilian law firm or attorney experienced in international family law. They can guide you through consular legalization, asset regime selection, translation requirements, and more.

The Brazilian Consulate/Embassy where your marriage certificate was issued. They can provide official guidelines and clarify documentation but they may be busy and difficult to reach. When in doubt, securing a consultation with a qualified lawyer is the best way to avoid errors and ensure a smooth process.

Final Note

If your situation has any unusual elements—like multiple prior marriages, no local Brazilian Consulate in the country of marriage, or urgent property transactions—consult with a legal expert. Properly recognizing your foreign marriage in Brazil is vital for securing all spousal rights and preventing bureaucratic hassles down the road.