Public deed of consensual separation and divorce

Publicado em 02/02/2024 02h54

What it is

The Consulate can draw up a public deed of consensual separation or divorce, as long as the following conditions are met:

Both spouses are Brazilian citizens;
There are no common minor or incapacitated children;
The marriage was performed in Brazil or, for marriages performed abroad, the certificate has already been transferred to the Civil Registry Office of the 1st Office in Brazil;
The marriage has not been the subject of a divorce in a foreign country.

The procedure

The spouses must be represented by a lawyer legally registered with the Brazilian Bar Association (OAB);
⚠️ There is no impediment to the same lawyer representing both spouses.
If they have no resources, the parties may be represented by a public defender requested from the Federal Public Defender's Office;
📧 International Advisory Service: +55 61 3319-4380 / internacional@dpu.gov.br.
⚠️ Detailed information in the Legal Orientation Booklet for Brazilians Abroad.
To appoint a lawyer, both spouses must draw up a public power of attorney granting specific powers for this purpose. See here for information on the procedure for drawing up a power of attorney at this Consulate.

The lawyer(s) and both spouses must sign a petition addressed to the consular authority, which must include all the provisions to be inserted in the Deed, namely:

1	Qualification of the parties	Personal data
2	Qualification and registration number of the assisting lawyer(s)
3	Marriage details	Date of celebration; Property regime; Registry office where it was registered; Number of book, pages and registration term.
4	Provisions on the possible existence of joint assets and, if applicable, on the description and division of these assets	If there are assets to be shared in the deed, a distinction will be made between what belongs to each spouse's individual assets, if any, and what belongs to the couple's joint assets, according to the property regime; Any inter vivos transfer tax paid, which must be paid before the public deed is drawn up, must be informed. ⚠️ Assets located abroad cannot be shared out for the purposes of drawing up public deeds of separation and consensual divorces.
5	Information on whether there are any children in common who are of age and capable	With their name(s) and dates of birth
6	Provisions on the possible need to pay maintenance
7	Provision for the spouse(s) to take back their maiden name(s) or to keep the name(s) adopted at the time of marriage

⚠️ When applying for the public deed to be drawn up, any of the parties (spouses and lawyer) who are unable to attend the Consulate in person must have their signatures on the application notarized by a Brazilian notary public or by a Japanese notary public.

⚠️ When the public deed is drawn up, both spouses must be present, but the lawyer(s) will not be required to attend.

How to apply

With the necessary documents in hand, book the service through the e-Consular system. See a tutorial on the system here.

Documents required

1	Form ⚠️ Disable your browser's pop-up blocker to open the form.
2	Petition	Signed by the parties and the lawyer
3	Marriage celebrated in Brazil: Certificate of registration of marriage celebrated in a registry office in Brazil Marriage celebrated abroad: certificate of the transfer, in the 1st Civil Registry Office, of the consular registration of marriage or foreign marriage certificate
4	Public deed of prenuptial agreement	If any
5	Documents proving the nationality and identity of the Brazilian spouse	ID card or valid passport
6	CPF (Brazilian taxpayer number)
7	Birth certificate or other official identity document for absolutely capable children	If any
8	Certificate of ownership of real estate and related rights	If any
9	Documents required to prove ownership of movable property and rights	If any
10	Declaration, under penalty of law, that there is no foreign divorce relating to your marriage
11	Copy of the power of attorney in which the declarants grant powers to the lawyer(s) to draw up the petition
12	Other documents that the Consular Authority deems necessary

⚠️ Once the public deed has been drawn up, the divorce must be registered in Brazil at the civil registry office where the marriage is registered and, if there is real estate to share, at the real estate registry office. These procedures must be carried out by the parties or by a qualified attorney.

⚠️ It is advisable to include these powers in the power of attorney drawn up in the name of the lawyer appointed to carry out the Public Deed.

Consular fee

Must be paid directly at the automated machines (券売機) in the Consulate's service hall. Check the price here.

Drawing up a consensual divorce in Brazil

Alternatively, the public deed of consensual divorce or separation can be drawn up in Brazil, at a Notary's Office. In this case, it is not compulsory for the spouses to be present, but they may be represented by an attorney (who must be assisted by a lawyer or a duly constituted public defender).

See information on the procedure for drawing up a power of attorney at this Consulate.

For more detailed information on how to carry out the procedure in Brazil, check with the registry office where the procedure will be carried out.