Recognition of Foreign Divorce Decree
The Embassy is not the competent authority to recognize a divorce decree. The following guidelines are for informational purposes only.
The recognition of a foreign divorce decree falls under the exclusive jurisdiction of the Superior Court of Justice (STJ), before which the interested party must appoint a lawyer in Brazil. If the citizen does not have the resources to hire a lawyer, they may seek assistance from the Public Defender’s Office of the Union (DPU).
The following documents are generally required:
- Public power of attorney, issued at the Embassy of Brazil in Lusaka, authorizing a lawyer in Brazil to process the case before the Superior Court of Justice;
- Original of the foreign divorce decree;
- Original marriage certificate or consular certificate, if the marriage was registered at a Brazilian Consulate;
- Proof that the foreign spouse was served, if applicable; and
- If possible, a statement from the foreign spouse declaring their agreement with the recognition of the divorce decree in Brazil.
The documents required by the STJ must be apostilled or legalized, depending on whether they originate from Zambia or Malawi.
Brazilian law establishes that documents drafted in a foreign language, once apostilled, must be translated in Brazil by a sworn public translator.
Brazilian Consular Offices are not authorized to carry out consensual divorces, since the specific requirements of this administrative procedure — inventory, division of assets, and other acts — can hardly be fulfilled abroad.
According to Article 961, paragraph 5, of the New Code of Civil Procedure, prior recognition by the STJ is not required for the annotation, in a Brazilian notary, of a simple consensual divorce decree issued abroad. However, in cases where the divorce is contested, involves division of assets, alimony, or minor or legally incapacitated children, recognition by the STJ is still mandatory.