Is a Foreign Divorce valid in Brazil? STJ Recognition or Civil Registry Registration?

Dra. Lais Sampaio

Oct 5

7 min read

Updated: Oct 8

To be valid in Brazil, a divorce obtained abroad must either be homologated by the Superior Court of Justice (STJ) or registered with the civil registry office where the marriage was registered, depending on the content of the administrative act or court decision granting the divorce. An uncontested divorce that only dissolves the marriage is registered directly with the civil registry office. A contested divorce, or one that also addresses child custody, child support or division of assets, requires homologation by the STJ.

In this article, you will learn:

What is an international divorce?

An international divorce is a divorce that, directly or indirectly, involves two or more countries. This may occur, for example, when the spouses seeking a divorce:

• have different nationalities;

• have the same nationality but live, got married, or are getting divorced or got divorced in a foreign country;

• live in different countries;

• own assets in more than one country.

In all of these cases, an international element is present and, consequently, the rules governing the divorce will be quite specific: which country has jurisdiction to grant the divorce, which law applies to the case, and how the decision will be recognized in the other countries involved.

Haven’t Divorced Yet? What to Consider Before Getting Divorced Abroad

Perhaps you are reading this article before getting divorced abroad. If that is the case, we need to talk. If you are already divorced, you can skip to the next section.

International divorce involves complex legal issues. In essence, any divorce may involve three main aspects: dissolution of the marriage, division of assets, and child custody. When more than one country is involved, each country determines, according to its own laws and the international conventions to which it is a party, whether it has jurisdiction to decide one or all of these aspects. It is therefore quite common for more than one country to assert jurisdiction over one or more aspects of a divorce. In addition, it is also possible, and common, for a country to decide a particular aspect of the divorce while applying the laws of another country, in accordance with its private international law rules.

This is particularly useful for lawyers specializing in International Law, who may even structure the divorce proceedings across more than one country in order to better serve their clients’ interests.

International divorce is legal strategy. Therefore, if you have not yet divorced, it is advisable to contact a lawyer specializing in International Law whom you trust for guidance before taking the first step.

How to Have an International Divorce Recognized in Brazil?

For a divorce to be recognized in a country other than the one where it was granted, it must go through a recognition process. Each country has its own procedure. In Brazil, there are two possible paths, depending on the circumstances of the international divorce: direct registration with the civil registry office or recognition by the STJ.

Direct Registration of a Divorce Granted Abroad with the Civil Registry Office

This is the simpler recognition procedure and applies to an uncontested, straightforward divorce, also known as a pure divorce. This is a divorce in which both spouses agree and which does not involve other matters such as child custody, child support, or division of assets.

In this case, the divorce is registered with the Civil Registry Office for Natural Persons (Cartório de Registro Civil das Pessoas Naturais) where the marriage is registered. As a rule, the following documents are required:

• a full copy of the foreign divorce judgment or divorce instrument;

• proof that the decision is final and no longer subject to appeal (res judicata);

• a Hague Apostille or, if the country is not a party to the Apostille Convention, consular legalization;

• a translation into Portuguese by a sworn translator in Brazil.

You can check which countries are parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents in the official list of countries under the Apostille Convention.

What about the maiden name?

Under Brazilian law, if a person wishes to revert to their maiden name, this can only be done at the time of registration of the uncontested divorce if the foreign divorce judgment also addresses this matter. The exceptions are cases in which: i) the law of the country of origin allows the name to be restored; or ii) the surname has already been changed abroad.

Nothing, however, prevents the removal of the former spouse’s surname at a later stage, through an independent proceeding, including without the need for judicial authorization.

Tip from Laís Sampaio, Attorney specializing in International Law

Even if the foreign uncontested divorce judgment or instrument contains provisions concerning children, child support, or division of assets, it may be possible to register the dissolution of the marriage directly with the civil registry office and address the remaining matters through recognition proceedings before the STJ.

This is the understanding established by Statement No. 10 of the Brazilian Federal Justice Council (CJF), issued during the 1st Conference on Notarial and Registry Law:

It is possible to register, directly with the Civil Registry of Natural Persons, an uncontested divorce granted abroad, without judicial intervention, with the interested party being responsible for obtaining recognition by the Superior Court of Justice only for the other provisions of the foreign judgment, such as child support, division of assets, and custody.

However, since this statement is not binding law, not every civil registry office follows this approach, although some have already adopted it in their internal regulations. Therefore, it is advisable to check the position of the relevant civil registry office before beginning the recognition process.

In any event, this is not necessarily the best option in every case. It all depends on an analysis of the specific circumstances and the intentions of the former spouses.

Recognition of a Foreign Divorce through Proceedings Before the STJ

A foreign divorce must be recognized by the Superior Court of Justice (STJ) whenever: i) it is a contested divorce; or ii) it is an uncontested divorce that also addresses matters such as child custody, child support, or division of assets. What determines the appropriate procedure is the content of the divorce decision, not the country in which it was issued.

What Are the Requirements for Recognition of a Foreign Divorce in Brazil?

Brazilian law establishes mandatory requirements for the recognition of any foreign decision:

it must have been issued by a competent authority;
it must contain evidence that the parties were duly served;
it must be final and no longer subject to appeal;
it must be effective in the country where it was issued;
it must be accompanied by an official translation, unless waived under an applicable treaty;
it must not manifestly violate public policy;
it must not violate national sovereignty or human dignity.

When recognizing a foreign judgment, the STJ does not review the merits of the decision or replace the foreign judge’s assessment with its own. In other words, the fact that the foreign decision differs from what might have been decided by a Brazilian court does not, in itself, prevent its recognition. The STJ’s analysis focuses on whether the legal requirements for the decision to produce effects in Brazil have been met, including whether there is any violation of public policy, national sovereignty, or human dignity.

This does not, in itself, prevent matters relating to child custody, visitation arrangements, or the amount of child support from being subsequently reconsidered in Brazil, provided that the requirements for Brazilian courts to have jurisdiction to assess the case are met.

On these topics, see also: How to move abroad with children, International Child Abduction: A Complete Guide to the Hague Convention, International travel with a child: what to do when the father or mother does not give consent? and How to collect child support when the father lives abroad?

Frequently Asked Questions

Is a divorce obtained abroad valid in Brazil?

Yes, provided that it is recognized in Brazil. A simple uncontested divorce can be registered directly with the civil registry office. A contested divorce, or one involving child custody, child support, or division of assets, requires recognition by the STJ.

Can I remarry in Brazil without having my foreign divorce recognized?

No. The application to marry again requires proof that the previous marriage has been dissolved. If the marriage is registered in Brazil, the foreign divorce must first be registered with the civil registry office or, as applicable, recognized by the STJ. Attempting to circumvent this requirement carries serious risks, including the annulment of the new marriage and potential criminal charges for bigamy and making a false statement, since the person would declare themselves single or divorced when, in fact, they are still legally married.

Does my former spouse need to agree to the recognition of the divorce?

No. Their consent may make the proceedings simpler, but it is not a requirement. Without their consent, the former spouse is served with notice and may challenge only formal issues.

Do I need to be in Brazil to have my divorce recognized?

No. Proceedings before the STJ are conducted electronically and handled by a lawyer acting under a power of attorney. Registration with the civil registry office may also be requested through an authorized representative.

Is a divorce granted by a civil registry office or administrative authority abroad accepted in Brazil??

Yes. The Brazilian Code of Civil Procedure allows for the recognition of a non-judicial divorce decision. The procedure for recognition, whether through the civil registry office or the STJ, depends on the content of the divorce instrument.

Do I have to wait one year after the divorce before applying for recognition?

Since Constitutional Amendment No. 66/2010, which eliminated waiting periods for divorce in Brazil, the prevailing understanding is that such a waiting period is no longer required.

This content is for informational purposes only and does not replace individualized legal advice.

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