Entry of Judgment of Simple Consensual Divorce (without minor children or joint assets)
What it is
The marriages of Brazilians celebrated by foreign authorities are considered valid under Brazilian law. Therefore, a Brazilian citizen who has married abroad will also be considered married in Brazil. If they claim to be single, they will incur the crime of ideological falsehood, and if they remarry, they will incur the crime of bigamy, both of which are provided for in the Brazilian Penal Code.
Only after the divorce has been registered in a Brazilian registry office can a new marriage be registered.
Registration of a simple consensual divorce decree in a Civil Registry Office
A foreign judgment of simple or pure consensual divorce - one that only defines the dissolution of the marriage in which there are no minor children and no assets in common - must be registered directly at the Civil Registry Office in Brazil where the marriage is registered.
In these cases, there is no need for prior homologation of the foreign divorce decree by the Superior Court of Justice (STJ) and/or prior manifestation by any other Brazilian judicial authority for the divorce to be registered in the Brazilian marriage register.
Consensual divorce with decision on children, division of assets and others
The requirement for homologation by the STJ is maintained for foreign consensual divorce judgments which, in addition to dissolving the marriage, rule on child custody, maintenance and/or property sharing – known as qualified consensual divorce.
Procedure for notarization in Brazil
Divorce registrations can be made directly at the Brazilian Civil Registry Office where the marriage certificate is registered.
To do so, the interested parties must carry out the following procedure:
In Japan
- Authenticate the foreign divorce decree and the document proving that it has become final at the Gaimusho, which will issue the "Hague Apostille" for these documents.
In Brazil
- Have the foreign documents (judgment and proof of res judicata) translated by a sworn public translator in Brazil.
- Have the divorce decree registered directly at the Civil Registry Office where the marriage record was registered or transferred.
⚠️ If the consular/foreign marriage certificate has not been transferred to a Civil Registry Office in Brazil, the transfer must be arranged.
⚠️ If there is an interest in taking back the name of the unmarried partner after the divorce, the existence of an express provision in the foreign judgment must be demonstrated, except when the foreign legislation allows the return, or when the interested party proves, through a document from the foreign civil registry, the change of name.
⚠️ Direct registration with a Brazilian registry office does not require the assistance of a lawyer or public defender.
Consular services
Brazilian Consulates cannot record a consensual divorce decree, even if it is simple or pure, on a consular marriage certificate.
For the purposes of issuing documents and providing consular services, a citizen's marital status will always be identified from the Brazilian documentation presented.
In this sense, "divorced" marital status can only be proven by presenting a marriage certificate issued by a civil registry office in Brazil which contains the respective divorce annotation.
Legal basis
The direct entry in the marriage certificate of the foreign judgment of simple or pure consensual divorce is regulated by Provision No. 149 of the National Council of Justice, dated August 30, 2023. The full content of the provision can be consulted via the link: