Brazil Simplifies Consensual Divorces and Estate Settlements

Brazil has recently simplified legal processes related to divorce, inheritance, and estate division, thanks to changes approved by the National Council of Justice (CNJ). Legal matters that were once exclusively handled by the courts can now be resolved extrajudicially by notaries, offering a faster and more efficient alternative.

Previously, couples with minor children who wanted a divorce were required to go through the court. Under the new rules, however, these couples can now finalize their divorce at a notary office, as long as it’s consensual and any issues concerning child custody, visitation rights, and alimony have already been resolved in court.

Similarly, courts used to have exclusive authority over inheritance (inventário) and estate division (partilha) when minors or incapacitated individuals were involved. Yet again, the updated rules allow notaries to handle these cases, provided that all heirs agree on the terms of the estate distribution and the rightful share of each minor or incapacitated person is protected.

While these changes are designed to simplify the process, they also maintain safeguards for vulnerable individuals. For example, any public deed related to a divorce or inheritance that involves a minor or incapacitated person must be reviewed by the Public Prosecutors’ Office (Ministério Público). If the division of assets is deemed unfair, the case will be referred to a judge.

These new regulations offer a faster, more efficient way to handle legal matters, easing the burden on Brazil’s judicial system. As a result, individuals dealing with divorce or inheritance cases in Brazil can expect fewer delays and lower costs.