Homologation of Divorce Judgment (with minor children and 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 marry again, they will incur the crime of bigamy, both of which are provided for in the Brazilian Penal Code.
Brazilians who get divorced abroad, in a marriage in which there are minor children and assets in common, will only have the civil status of divorced person in Brazil after the homologation (confirmation) of the foreign divorce decree by the Superior Court of Justice (STJ).
The foreign divorce decree resulting from a marriage between Brazilians or between Brazilians and foreigners must be ratified in Brazil by the Supreme Court of Justice (STJ), even if the marriage has not been registered with the Consular Office and/or in Brazil.
Only after the divorce has been ratified and registered in a Brazilian registry office can a new marriage be registered.
How to apply
The interested party must appoint a qualified lawyer in Brazil or, where appropriate, use the services of the Public Defender's Office.
⚠️ It is not possible to request the service at the Consulate.
Documents required
| 1 | Power of attorney | in favor of the lawyer or the Public Defender's Office |
| 2 | Original foreign divorce decree | legalized by the Brazilian Consular Office with jurisdiction over the place where it was issued or containing the "Hague Apostille", if the country where the registration was issued is a party to the Hague Convention |
| 3 | Original consular marriage certificate, or original foreign marriage certificate | duly legalized by the Consular Office or containing the "Hague Apostille", if the country where the registration was issued is a party to the Hague Convention |
| 4 | If possible, a declaration signed by the ex-spouse, with a notarized signature, stating that they agree to the divorce decree being ratified in Brazil | the declaration will be waived if this authorization is already included in the content of the foreign divorce decree |
⚠️ The initial petition of the homologation action must include a specific request for the letter of judgment of homologation to include an order for annotation, addressed to the Civil Registry Office in Brazil, regarding the divorce and any name changes as a result of the divorce.
⚠️ All foreign documents mentioned in the above rule must be legalized by the Consular Authority of the place where they originated or contain the "Hague Apostille", if the country where the registration was issued is a party to the Hague Convention, and translated in Brazil by a sworn translator.
⚠️ After the judgment has been ratified, the interested party must present the respective "Letter of Judgment" from the STJ at the Civil Registry Office where their foreign marriage was or will be registered, in order to register the divorce. If the marriage has not been registered in a Brazilian registry office, this registration and the divorce annotation can be carried out at the same time. From this registration, the Brazilian registry office will issue the marriage certificate which will include the divorce record.