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Old 06-07-2012, 10:23 AM
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Default Divorce in brazil

In Brazil, you can now get a direct divorce, without having to go through a Separation procedure first.

Before January 5, 2007 in order to get separated or divorced a couple was always required to hire an attorney and go to the Court System which has always been very bureaucratic and VERY SLOW, this was mandatory even if it was ammicable. However, since then, the Law Number 11.441/2007 created a much cheaper and faster solution, an extra-judicial separation or divorce, meaning the parties do not have to file a lawsuit and go throughout the Judicial process. Nonetheless, the parties must still hire an attorney at least one common attorney, which, in this case, is called the Single Intervenient Attorney.

This is how it works, if the couple has no minor nor incapable offspring and has agreed in the dissolution of their marriage and its terms (settlement), you can hire a single or common attorney and a public notary who will act together and execute a Public Deed of Separation or Divorce, which can be achieved in a few days only.

For foreign nationals that live outside Brazil, there is even a better option, you can get your Separation or Divorce throughout a Power of Attorney, I have already worked in several Separations via Power of Attorney, in other words, parties do not have to be present in Brazil for their Separation nor their Divorce in such cases, basically they only must retain an single attorney, issue Power of Attorneys, and share all the related costs.

Please note that the Congress is currently working on a new Law which shall end the waiting period to get a divorce, and also end the separation procedure once for all, which will allow couples to get their divorce directly.

Jose C. Santiago
www.lawofficeinbrazil.com.br


DISCLOSURE: All information herein given is merely for elucidative purposes. It reflects current Legislation, which can be modified in the future. In case of questions regarding a particular case/issue, always consult with your own attorney.

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Old 06-07-2012, 09:59 PM
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Quote:
Originally Posted by Jose C. Santiago View Post
In Brazil, you can now get a direct divorce, without having to go through a Separation procedure first.

Before January 5, 2007 in order to get separated or divorced a couple was always required to hire an attorney and go to the Court System which has always been very bureaucratic and VERY SLOW, this was mandatory even if it was ammicable. However, since then, the Law Number 11.441/2007 created a much cheaper and faster solution, an extra-judicial separation or divorce, meaning the parties do not have to file a lawsuit and go throughout the Judicial process. Nonetheless, the parties must still hire an attorney at least one common attorney, which, in this case, is called the Single Intervenient Attorney.

This is how it works, if the couple has no minor nor incapable offspring and has agreed in the dissolution of their marriage and its terms (settlement), you can hire a single or common attorney and a public notary who will act together and execute a Public Deed of Separation or Divorce, which can be achieved in a few days only.

For foreign nationals that live outside Brazil, there is even a better option, you can get your Separation or Divorce throughout a Power of Attorney, I have already worked in several Separations via Power of Attorney, in other words, parties do not have to be present in Brazil for their Separation nor their Divorce in such cases, basically they only must retain an single attorney, issue Power of Attorneys, and share all the related costs.

Please note that the Congress is currently working on a new Law which shall end the waiting period to get a divorce, and also end the separation procedure once for all, which will allow couples to get their divorce directly.

Jose C. Santiago
www.lawofficeinbrazil.com.br


DISCLOSURE: All information herein given is merely for elucidative purposes. It reflects current Legislation, which can be modified in the future. In case of questions regarding a particular case/issue, always consult with your own attorney.
:welcome3:

Hi Jose and welcome,

Divorce information should help some here I would think but hopefully, most marriages will succeed for life. The real tricky part in law is for potential expats moving there I would think.

Gene


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Old 03-10-2014, 10:47 AM
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Hi Expats

Can anyone give me advice on how i can get a divorce from the UK if i married in Brazil? my partner is living back in Brazil now.

any help would be appreciated.

regards

Luccajames2013


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Old 03-10-2014, 11:37 AM
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If you got married in Brazil, but never registered the marriage in the UK, you will have to divorce in Brazil.
But these days it is easy. - I believe that you can even receive the documents, sign them, and be done with it. - Get a copy of the divorce of course.

My experience. - FWIW.
1986. - Married in the UK.
1988, moved to Brazil and registered the marriage.
1991, divorced in the UK.
1992, we tried to register the divorce in Brazil, but the lawyer told us that it would be more complicated and costly than just simply divorcing (again.)
So we divorced again in Brazil. Just paperwork involved. If I remember correctly, it wasn't that expensive. - We had no arguements to resolve. She was living in Switzerland with her new husband, and wanted to resolve the issue ASAP. (She actually married while still being technically married to me in Brazil, but not in the UK. )

So I am twice divorced to the same woman.



Last edited by Anthony; 03-10-2014 at 11:40 AM.
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Old 03-11-2014, 08:36 AM
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Hi Anthony,

thanks for the info... do you know where i might be able to check this and get more information on the whole processes of divorcing in brasil? I just dont want to be told duff information from the ex witch! lol

luccajames2013


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Old 03-11-2014, 07:37 PM
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A few questions.

a) Where are you? The UK or Brazil?
b) Where is your ex wife?
c) Did you buy anything together when married?
d) Does she work?

I assume that you don't have kids, or you probably would have mentioned it. Kids really complicate a divorce/seperation in Brazil.
Non payment of child support in Brazil, is one of the few crimes where the accused goes straight to jail. - How they are supposed to pay child support in jail, I really don't know?

Give us a little more info mate.


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Old 03-12-2014, 01:19 PM
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Hi Anthony

I live in the UK now and she is in Brasil with our baby. We did not buy anything while together. she has a part time job working in a gym.

I am prepared to pay maintenance for little n from the UK but i don't know what the rate is per month.

can you shed any more light on this... and regarding divorce, my soon to be ex partner has said it will cost around 3500 - 5000 reais to do this? mentioning that a power of attorney is required to act on my behalf as i am not in Brasil... can you documents not be sent to me by post of which i sign take a copy and send back?


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Old 03-12-2014, 01:35 PM
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To be quite honest, I would seriously think of coming down here to resolve the divorce personally, and check on everything. - Due to having a child.
Do you speak Portuguese?


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Old 03-12-2014, 01:45 PM
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The amount that you will have to pay for child upkeep, will depend on your wages.
The laws are tough here. But it is the result of many fathers who abandone their wives and children etc.

Difficult situation for sure.

Do you intend to participate in the life of your child? Do you intend to come back to Brazil? - If not, whilst sounding cruel, I would suggest ignoring this whole issue. Let your ex wife sort out the divorce and pay for it.


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Old 03-12-2014, 05:13 PM
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Well I heard that I will need to pay around 20% of my wages but as I live and work
In the uk how can I pay 20% of my uk
Wages... And bearing in mind that exchange rate is nearly 3 to 1 gbp that is crazy, I don't even get to see my boy.

The law is Brazilian and does not carry in the uk from what I know.

She is threatening me that I will go to jail if she does not get what she wants.

If I go there she will cause me no amount of trouble, she nuts!

I think I will talk to the Brazilian consulate too


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