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Domesticating a Foreign Divorce in Brazil

We recently explained how to domesticate and enforce a US judgment in Brazil. If you missed it, click here to check it out.

Now let’s see how it works with foreign divorce decrees.

First, imagine you got married in the US to a Brazilian. You registered the marriage in Brazil, but then, something happened, and you decide to get a divorce. What’s next? How do you update your marital status in Brazil?

If the divorce is contentious or includes matters like child custody or alimony, you’ll need to homologate the US court decision with the Superior Tribunal de Justiça (STJ). This means you’ll be filing a lawsuit in Brazil against your former spouse. A lawyer isn’t necessary for the process, but you’ll likely also not want to go it alone.

If the divorce is consensual, however, you’ll skip the court battle altogether. Instead, the foreign divorce decree or settlement agreement should be apostilled (or notarized by the Brazilian Consulate), translated by a licensed translator in Brazil, and filed with the local notary where the marriage was registered.

Divorce can be a headache for everyone involved no matter where it happens. But domesticating and enforcing a foreign divorce in Brazil doesn’t need to be difficult. While you may need to get the court involved, there are times when simple filings with a Brazilian notary office will do the trick.

Before you get started, make sure you’ve considered what steps are actually required. You may be able to reduce the time and trouble considerably.