Divorce in Brazil for couples living abroad: options and recognition

Since 2013, Brazilian consulates can execute a consensual divorce of Brazilian citizens by public deed, provided the couple has no minor or legally incapable children and both spouses are assisted by a lawyer. The consular deed can cover the divorce, the division of assets and spousal support, and it is valid directly in Brazil.

A consensual divorce can also be executed before a Brazilian notary, with the spouses joining by videoconference through the e-Notariado platform and signing digitally. Since 2024, this is also possible when there are minor children, as long as custody, visitation and child support have already been settled by a court.

When there is no agreement, or when custody and support of minor children must be decided, the divorce goes to court. A case can be filed in Brazil even when one or both spouses live abroad, depending on the rules of jurisdiction. Proceedings are electronic and hearings can be held by video. Service of process on a spouse living abroad follows international cooperation rules and must be planned carefully.

The couple may also divorce in the country where they live. For the divorce to have effect in Brazil, it must be recognized:

1. 01A simple consensual divorce, which only dissolves the marriage without addressing assets, custody or support, can be registered directly at the Brazilian civil registry office where the marriage was recorded.
2. 02A divorce that also decides division of assets, custody, visitation or support must be recognized by Brazil's Superior Court of Justice, the STJ, through a procedure called homologação.

If there is real estate in Brazil, special care is needed: the division of assets located in Brazil falls under the jurisdiction of the Brazilian authorities. How such assets are addressed in a foreign divorce should be analyzed in advance so that the property can later be registered.

1. 01Agreement and no minor children: consulate or notary by videoconference are usually the fastest routes.
2. 02Agreement and minor children, with custody and support already decided by a court: notary in Brazil.
3. 03Agreement and minor children with nothing decided yet: consensual court case in Brazil, or proceedings abroad followed by recognition.
4. 04No agreement: court proceedings, in Brazil or abroad, considering where the children and assets are.

Until the divorce is formalized, the couple remains married under Brazilian law. This can affect inheritance rights, property acquired in the meantime and the possibility of remarrying. Formalizing the divorce, even years later, prevents problems in the future.

1. 01Updated Brazilian marriage certificate.
2. 02Identification documents and valid CPF numbers of both spouses.
3. 03Birth certificates of children, if any.
4. 04Documents of the assets to be divided.
5. 05For foreign divorces, the decision and proof that it is final, with apostille and sworn translation.

When parents live in different countries, custody, visitation and child support arrangements must address how visits, travel and payments will work across borders. Detailed agreements covering school holidays, travel costs and the payment method for support prevent future disputes and make it easier to recognize the decision in the other country.

When the couple owns real estate, vehicles, accounts or a company in Brazil, the division must allow registration and transfer in Brazil. In a consular or notarial divorce, the deed itself serves as the title for registration. In a Brazilian court divorce, the judgment or approved settlement plays that role. In a foreign divorce, it must be checked whether the part dealing with Brazilian assets can be recognized or whether the division must be carried out in Brazil.

Spouses who took the other's surname when they married may want to return to their previous name after the divorce. This can be included in the divorce deed or decision and must then be updated in the Brazilian civil registry, the CPF and other documents. Keeping names consistent across Brazilian and foreign documents avoids problems with banks, notaries and future property transactions.

My spouse will not sign. Can I still get divorced? Yes. Divorce does not depend on the other spouse's consent. Without agreement, the route is a court case.

I divorced in the US years ago. Am I still married in Brazil? For Brazilian records, yes, until the divorce is registered or recognized. This can be done at any time.

My spouse is not Brazilian. Does that change anything? It may affect which routes are available, for example the consular divorce, which is designed for Brazilian citizens, and the documents required. The analysis depends on the nationalities and where the marriage was registered.

Can the process be handled without traveling? In most cases, yes, through a consulate, an electronic deed, an attorney-in-fact or electronic court proceedings.

Couples who married in Brazil and live abroad have more divorce options than they usually expect. Choosing between the consulate, a notary by videoconference, a Brazilian court or a foreign divorce recognized in Brazil depends on agreement, children and assets in Brazil, and making that choice early avoids repeating steps.