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Divorce in brazil


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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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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.
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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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