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Marriage:

Marriage in Brazil is a matter of local law of the province of the marrying spouses, and is accomplished through a Brazilian notarial office known in Portuguese as “Cartório”. The marriage process in Brazil can be complicated and time consuming. As in most Christian countries, there exists a civil wedding ceremony and a religious wedding ceremony.

Legal Requirements for Marriage:

1. Marriage in Brazil may take place between two people of the opposite sex. The minimum age for marriages is 18 years for men and 16 years for women. Minors over the age of sixteen may be married with the consent of their parents or legal representatives.

Parental authorization, or that of a guardian, is required if the bride or groom is a minor (under 21 years old.) Same sex marriages are not legal and same-sex cohabitation agreements are not recognized by law. There are instances where people are prohibited from marrying, including: • marriage of a person whose previous marriage is not annulled or ended • marriage between siblings or other close relations.

PROCEDURE:

Registration of the intent to marry:

This is made at the Civil Registry Office (Cartório de Regístro Civil) responsible for the district or municipality where either one of the couple is resident. Every region, district or municipality in Brazil has a registry office which is responsible for the registration and documentation of the general public’s civil affairs. Parties should go in person to the Civil Registry Office (Cartório de Registro Civil) accompanied by two witnesses. Witnesses must be 21 years or older. The registry office displays the statement of the intention of marriage on its walls for a period of 15 days and publishes banns in the local press. Following a 15 day waiting period the couple are free to marry.

Documents for Registration:

1. Original identity document

2. Individual taxpayer’s card (Cadastro de Pessoa Física, CPF)

3. Birth certificate

4. Proof of address

5. Proof of the date and location of the births of their parents.

For foreigners:

1. Original copies of passport or Foreigner’s identity card.

2. Original birth certificate.

3. Declaration of Civil Status issued by the local Consulate or Embassy.

If either party has previously been married they must provide a copy of the final divorce decree.

All documents that are not in Portuguese must be translated by a certified translator and authenticated by a local public notary (Tabelião).

There is a small fee to register the intent to marry; it varies from state to state. Once all the documents have been presented to the registry office, approved by the notary officials and no valid objections have been received from members of the public, the registry official issues a marriage license (Certidao de Habilitação de Casamento) which is a permit to marry,valid for 90 days.

The marriage ceremony can take place anywhere as long as the local registry office has been informed of the address, date and time, and has agreed to send an official to conduct the ceremony. Religious ceremonies and those conducted in private spaces have every right to include additional elements such as songs, hymns, prayers or declarations.

REGISTERING THE MARRIAGE:

Before the actual wedding ceremony, you must register your marriage at the Civil Registry Office in the province of the home of you or your fiance. Religious wedding ceremonies are not recognized in Brazil and are not valid, so you will need to have a civil ceremony notwithstanding the desire of you and/or your fiance to have a religious ceremony. Additional documents may be required to register the wedding and these vary from state to stats. The Civil Registry Office provides all the required forms and pertinent procedural information necessary to be married in Brazil. It is wise to visit the local Civil Registry Office to obtain a list of the documents required for the marriage to be legally registered since the list may vary from State to State. If neither party are Brazilian citizens, they may visit the Civil Registry Office closest to where they would like to get married.

Divorce:

Since 2007 a new law came into force, namely law 11.401/07 in which the procedure of Divorces and judicial separation can be realized without interaction of a judge. The divorce or the judicial separation has to be in common agreement between both spouses. The lack of agreement of the spouses blocks the use of “the notarial procedure“. In such a situation it can only be accomplished through a judicial process i.e. by an intervention of a judge. The divorce or judicial separation has to be executed public deed at the notary. This process is defined as “extrajudicial procedure“. It is recommended to execute this procedure at the same public notary as where the marriage was held. Due to this new option, the spouses can opt for this procedure during the process of divorcing or judicial separation, or they can choose the well known judicial system. At the moment of drafting the notarial deed, the couple must declare they have no children, or that their children are major of age. In the latter case the name(s) and birth date(s) will be written down. At divorce: the spouses should not have been living together for a minimum of two years. At judicial separation: the spouses should not have been living together for a minimum of one year. The Brazilian law has changed recently (13 July 2010) by amendment (EC 66). The delay is not applicable any more. The divorce can be applied for immediately. For the drafting of the deed of separation and divorce consensus, should be submitted: a.) marriage certificate; b.) official identity document and CPF / MF; c.) prenuptial agreement, if any; d.) a birth certificate or other official identity document of children quite capable, if any; e.) a certificate of ownership of immovable property and rights related thereto, and f.) the necessary documents proving ownership of property and rights, if any.

Divorce Procedure in Court:

1. The action is commenced with a filing of a Summons and Petition for Divorce.

2. The pleadings are served on your spouse.

3. Your spouse may file a Response and Counter-Claim

4. Temporary Orders are entered two-six weeks after the action is filed.

5. A Pre-Trial is held approximately four – six months after the pleadings are served. Our goal is to complete the divorce on this date.

6. If there are still issues in dispute or information that has not yet been obtained, a trial date will be obtained.

7. If the issues can be resolved and a settlement reached prior to the date of trial, a stipulated entry of divorce will be entered.

8. If all issues are not resolved, a trial to the judge will be held and any remaining issues presented to the court for a decision.

Property:

If there are assets to be shared in the deed, will distinguish what is the individual assets of each spouse, if any, what is the common heritage of the couple, as the regime of property, consisting of this body of writing. In the division where there is transfer of ownership of individual assets from one spouse to another, or the unequal sharing of the common heritage, must be proven the payment of the tax due on the transferred fraction. Sharing in deed of separation and divorce consensus will be far as the rules of sharing inventory in court, as appropriate. The transfer of the deed of separation and divorce consensus will be presented to the Civil Registrar of the respective seat of marriage registration for the necessary permit independent judicial hearing and prosecutors. The existence of common or private property of the spouses requires the description in the body of the same body of scripture, even if the sharing is carried out later. In practice it has admitted the possibility of holding inventory and asset sharing in couples with minor children or incapacitated, when the separation, divorce and conversion into a divorce right before the Judiciary have been processed, is that in these cases the interests of minor children or incapable already have been preserved during the court proceedings and the inventory of goods will treat only the equity interest of the former couple.

CHANGE OF NAME:

If there is any change of name of spouse by reason of the deed of separation, restoration of conjugal society or consensual divorce, the Civil Registrar to endorse the act of marriage in the seat also note the change in their birth certificate if his unit, or, if otherwise, it shall communicate to the Officer responsible for the necessary annotation. In cases of consensual separation is for the woman the option of preserving the married name, in accordance with the provisions of Article 17, § 2 of Law 6.515/77.

Child Custody:

Under the Brazilian Civil Code, married parents have equal rights of custody to their minor children. Legal guardianship goes automatically to a mother when the child is born out of wedlock, unless the father files for custody with a family court. While parents share a presumption of equal rights of custody, the U.S. Embassy in Brasilia notes that bias based on gender or nationality does occur. Mothers are often given preference in custody cases involving small children or girls and a Brazilian parent is favored over a foreign parent. Divorce and custody disputes are not uncommon in Brazil. The U.S. Embassy in Brasilia, however, feels that compared to other court processes, family court cases are resolved in a relatively short period of time. Parents seeking the recognition of U.S. custody orders can initiate a process called homologation, which consists of registering the U.S. decision in Brazil. The process is very lengthy and ultimately must be upheld by a Brazilian court.