Divorce

General information

a) The divorce can take place either in Brazil or in the United Kingdom.

b) Divorces in the United Kingdom cannot be carried out at the Consulate General of Brazil in London, as British legislation does not recognise divorces carried out at foreign consulates.

c) For divorces carried out in the United Kingdom to have legal effects in Brazil, the instructions contained in the decision No. 53 (Portuguese only) of the National Justice Council (CNJ) must be followed. Procedures vary according to the type of divorce:

• Simple undefended divorce: it consists exclusively of marriage dissolution by mutual agreement, without establishing child custody, maintenance and/or property settlement.
• Undefended divorce: it involves establishing child custody, maintenance and/or property settlement.
• Defended divorce: one party has not agreed to the divorce (the dispute is taken to court).

d) For the purposes of issuing any documents and another marriage registration at the Consulate, presentation of a court decision or a public deed of divorce will not suffice. The divorced marital status must be attested by the submission of the marriage certificate containing the divorce entry, issued in Brazil.

Simple undefended divorce in the United Kingdom

a) The British court decision of simple undefended divorce can be recorded directly at the Brazilian registry office where the marriage has been registered, and there is no need for ratification at the Superior Court of Justice (STJ).

In this case, in order to obtain the necessary information, one should contact the Brazilian registry office directly.

Aiming at helping the applicant, the Consulate anticipates some of the basic mandatory procedures:

Tutorial

1. Obtain the decree nisi and then the decree absolute, which can be accepted as evidence the judgement has been made final and unappealable (or the equivalent documents issued in Scotland and Northern Ireland). Click here to learn how.

2. Get a document certifying name changes after the divorce, if applicable (since the British divorce decision does not explicitly mention name changes, the registry office where the marriage has been registered should be consulted on alternative documents that can be presented).

3. If deemed necessary by the registry office where the marriage has been registered, request a declaration issued by the British court stating the undefended nature of the divorce (since the British divorce decision does not usually contain this information, the applicant should obtain the referred document).

4. The British documents mentioned on steps "1", "2", and “3” must be legalised by the FCO.

5. Have these documents translated by a sworn translator in Brazil.

6. After clarifying all questions with the registry office where the marriage has been registered, collect all documents and request the direct ratification of the divorce and issue of a new certificate. There is no need to hire a solicitor for this procedure.

b) If the British marriage has been registered at the Consulate, but not yet at a Brazilian registry office, please follow the steps until number "4". Request the subsequent registration of both the consular marriage certificate and the divorce annotation at a civil registry office in Brazil.

c) If the British marriage has not been registered at either the Consulate or a Brazilian registry office, start following the steps listed above. On step "4", make sure to get the British marriage certificate legalised by the FCO. On step "6", request the registration of both the marriage certificate and the divorce annotation at a Brazilian civil registry office.

 Undefended or defended divorce in the United Kingdom

1. In such cases, the need for previous ratification of the foreign court decision at the Superior Court of Justice (STJ) remains.
2. Procedures for ratification of foreign court decisions - with no need to go to Brazil - are available in the Cartilha de orientação jurídica aos brasileiros no exterior (Portuguese only). Those with resources to hire a private solicitor in Brazil can also make use of the guidebook (cartilha).
3. If eventual name changes have not been explicitly mentioned in the divorce decision, it is advisable for the petitioner's solicitor to include a specific request in the petition, authorising the use of the previous name.
4. After ratification, and upon presentation of the respective writ of execution, the divorce annotation and issue of a new marriage certificate must be requested at the Brazilian civil registry office where the marriage has been registered.

 Divorce in Brazil

1. A couple who does not have minor or incapacitated children can, by mutual agreement, dissolve the marriage directly at a Brazilian civil registry office, by means of public deed.
2. It is not necessary to travel to Brazil. Having a representative in Brazil, appointed by proxy for the purpose of divorce will suffice. The Consulate can only issue a power of attorney to a Brazilian spouse. In case of foreign spouses, the power of attorney must be drawn by a British notary public, and subsequently be legalised by the FCO.
3. If the couple has minor or incapacitated children, or if the divorce is defended, the parties concerned must seek legal advice from a solicitor, so that a divorce petition is filed at a family court.