Contributing Lawyer: Celia Caiuby
- Celia Ciauby firstname.lastname@example.org
Divorce Provisions are also included in the Federal Constitution and the Civil Code.
B. Divorce Process in Brazil
One can divorce without the other spouse’s agreement. For out of court settlements, the most common grounds for divorce are: –
- Incompatibility between spouses;
- Marriage Crisis between spouses;
- Feelings have changed between spouses; or
- Presence of a 3rd party.
C. Jurisdiction Requirements in Brazil
If parties are foreigners and married in their own countries, they can only divorce in Brazil by registering their marriage in the Brazilian Civil Registry.
If parties are foreigners and married in Brazil, they can divorce in Brazil.
On the other hand, any marriage outside of Brazil will only have value in Brazil upon registration before the Brazilian competent authority.
As such, marriage registration is a prerequisite for divorce in Brazil.
D. Child Issues in Brazil
Custody or guardianship is the most important because it includes family power exercisable by one or both parents.
Presently, it is not a given for a child to reside with the mother or for a mother to be granted guardianship in Brazil.
In the event sole custody is awarded to a parent, the custodian parent who resides with the child may singularly make decisions in relation to the child.
- The child’s life standard during the marriage;
- The child’s needs including but not limited to education, health and leisure; and
- The ability of each parent to pay post-divorce.
E. Division of Matrimonial Assets in Brazil
- Real estate;
- Movable property;
- Corporate shares;
- Bank account;
- Labour funds and;
- Assets with equity value.
- Full communion of property and assets
Parties will have the full benefits of each other’s property, including property or assets obtained through inheritance.
- Partial communion of property and assets
Any property or asset acquired from the date of the marriage will belong to both spouses.
Any inheritance will not be shared.
- Full separation of property and assets
Parties will have to co-sign property and assets at every purchase for it to belong to both spouses.
Inheritance will not be shared.
In the event there is no property regime in place, the court admits evidence regarding the acquisition of the property and who had made payment for the property to assist in order to decide whether the property will be included in the division of matrimonial assets.
F. Spousal Maintenance in Brazil
For further detailed information on international divorce, please visit our dedicated web-page at www.expatdivorce.sg