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Brazilian citizens living abroad have rights and obligations with Brazil, and the…

Family Law Hub. General information; confirm the current rules before acting.

Overview

Brazilian citizens living abroad have rights and obligations with Brazil, and the recognition of foreign divorce in Brazil is mandatory. Only after the annotation of the foreign divorce in the Brazilian marriage certificate can the Brazilian proceed with the registration of a new marriage and request the update of documents, such as a passport, with their new surname, if there is any change. Since 2016, the recognition of a foreign consensual divorce judgment is no longer homologated by the Brazilian Superior Court of Justice (STJ). It is required that the interested party present proof of the foreign divorce directly to the civil registry office for annotation. This regulated procedure applies to both judicial and non-judicial foreign judgments that, according to Brazilian law, have jurisdictional character. However, please note that when issues such as child custody, alimony, or property division are involved, homologation continues to be necessary for the foreign judgment to be valid in Brazil. Cases of litigious divorce also require this homologation process. Legal guidance can help clarify the applicable rules, the risks involved, and the next step that best fits your situation.

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https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm

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Last updated: 2024-04-29

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