I live abroad: can I get divorced at the Brazilian consulate?

How do I get divorced while living abroad?

A Brazilian living outside Brazil has four routes to a divorce: the Brazilian consulate, a notary's office (cartório de notas) in Brazil, the Brazilian courts, or recognition of a divorce already granted in the country where they live. The choice depends on three questions: does the couple agree, do they have minor children and do they own assets in Brazil? Since Constitutional Amendment 66/2010, a marriage is dissolved by divorce with no minimum period of separation (Federal Constitution, art. 226, § 6). Rocha Advogados, based in Goiânia, Brazil, assists Brazilians abroad who need to get divorced or to register in Brazil a divorce granted in another country.

When can I get divorced at the Brazilian consulate?

The Brazilian consulate can execute the public deed of a consensual divorce between Brazilians when the couple has no minor or legally incapable children (Law of Introduction to the Rules of Brazilian Law, art. 18, § 1). The deed must describe and divide the common assets, set any maintenance between the spouses and record the decision on names: the spouse who took the other's surname states whether they return to their maiden name or keep it.

The Law of Introduction requires the assistance of a duly appointed lawyer (art. 18, § 2). The lawyer signs the petition together with both spouses, or with only one of them when the other has their own lawyer, and the lawyer's signature does not need to appear on the deed. Each consulate has its own schedule and document list, published on its website.

The law speaks of a divorce between Brazilians, so when one spouse is a foreign national, the usual route is a notary's office in Brazil. The deed executed at the consulate is then registered (averbada) on the marriage record in Brazil.

What if we have minor children?

With minor or incapable children, the consulate cannot perform the divorce, because the Law of Introduction expressly excludes that case (art. 18, § 1). In Brazil the rule has become more flexible. CNJ Resolution 35/2007, as amended by Resolution 571/2024 of the National Council of Justice (CNJ), allows a divorce at a notary's office even with minor children, provided custody, visitation and child support have already been settled by a court (art. 34, § 2).

In practice, the couple with minor children reaches an agreement on custody, contact and maintenance, the judge approves that agreement, and only then does the notary execute the deed of divorce and division of assets. Another option is to ask for everything at once in court, in a consensual judicial divorce, with a petition signed by both spouses (Code of Civil Procedure, art. 731).

How do I get divorced at a notary's office in Brazil without travelling?

A consensual divorce can be done by public deed at any notary's office, without approval by a judge, when there is no unborn child and no incapable children (Code of Civil Procedure, art. 733). The deed serves directly to register the division of assets and to withdraw funds from banks (art. 733, § 1). The notary only executes the deed with a lawyer present (art. 733, § 2).

Whoever lives abroad does not need to attend. CNJ Resolution 35/2007 allows a spouse to be represented under a public power of attorney with special powers, describing the essential terms of the divorce and valid for 30 days (art. 36). A public power of attorney is required here because the deed is a public instrument, and the mandate follows the form of the act (Civil Code, art. 657). It can be signed at the consulate, before a local notary with a Hague Apostille (Decree 8.660/2016) or on e-Notariado, the notaries' electronic platform.

The power of attorney has to reach Brazil, with a sworn translation when it is in a foreign language, and be used within the 30 days. That is why Rocha Advogados has the draft deed and the notary's date ready before the client signs.

My spouse does not agree or has disappeared. How do I get divorced?

A divorce depends only on the will of one of the spouses (Federal Constitution, art. 226, § 6), and the other has no way to prevent it. Without agreement, the route is a contested divorce action in the Brazilian courts. The divorce can be granted even before the assets are divided, which can follow later (Civil Code, art. 1.581).

The action is filed where the guardian of an incapable child lives, or at the couple's last domicile, or at the defendant's domicile when neither spouse still lives at the former address (Code of Civil Procedure, art. 53, I). When the other spouse lives in another country, service is made by letter rogatory (carta rogatória), a request the Brazilian judge sends to the foreign court (Code of Civil Procedure, art. 237, II).

When the spouse's whereabouts are unknown, service is made by public notice (edital), after all address searches have been exhausted, including in public databases (Code of Civil Procedure, art. 256, II and § 3). A country that refuses to comply with a letter rogatory is also considered inaccessible, and service then proceeds by public notice (art. 256, § 1). A defendant served by public notice who does not appear is given a special curator (Code of Civil Procedure, art. 72, II).

In that action, the Brazilian living abroad is represented by the firm under a digitally signed power of attorney (Code of Civil Procedure, art. 105, § 1), with no consulate involved, and hearings can be held by video call (art. 236, § 3).

I already got divorced abroad. Do I need to do anything in Brazil?

Yes, because without registration you remain married in your Brazilian records. A simple consensual divorce, which only dissolves the marriage, takes effect in Brazil without approval by the Superior Court of Justice (STJ) (Code of Civil Procedure, art. 961, § 5). CNJ Provision 149/2023, which now consolidates the rules for notaries and registries, has that divorce registered directly on the marriage record, with no lawyer required (art. 464, §§ 1 and 2). This also applies to a divorce granted outside the courts, such as one from a civil registry office or an administrative body, when under Brazilian law it would have the nature of a court decision (art. 464). The applicant submits the full copy of the judgment, proof that it is final, a sworn translation and the apostille or consular legalisation (art. 465).

A contested divorce, or a consensual one that also decided child custody, maintenance or division of assets, must first be recognised by the STJ (CNJ Provision 149/2023, art. 464, § 3; Code of Civil Procedure, arts. 960 and 961). The STJ checks, among other points, whether the other spouse was served and whether there is an official translation (Code of Civil Procedure, art. 963). After recognition, the judgment is registered at the civil registry office (CNJ Provision 149/2023, art. 463).

What about the property we own in Brazil?

Only the Brazilian courts can divide, in a divorce, assets located in Brazil (Code of Civil Procedure, art. 23, III). The STJ does not recognise the part of a foreign judgment that encroaches on that exclusive jurisdiction (Code of Civil Procedure, art. 964), and recognition can be partial, covering only the divorce (art. 961, § 2).

In practice, a couple divorced abroad who own an apartment, house or plot of land here divide that asset in Brazil, by deed at a notary's office if they agree, or through a partition action if they do not. In an unequal division, the difference is taxed, and the notary requires proof of payment (CNJ Resolution 35/2007, art. 38).

My marriage took place abroad and was never registered in Brazil. What now?

The marriage of a Brazilian celebrated abroad must be registered in Brazil within 180 days of the return of one or both spouses to the country, at the registry office of their domicile or, failing that, at the 1st Registry Office of the capital of the state where they settle (Civil Code, art. 1.544). The Public Records Law requires this transcription (traslado) for the marriage to have effect in Brazil (Law 6.015/1973, art. 32, § 1).

For a divorce at a notary's office, the Brazilian marriage certificate is the first document requested (CNJ Resolution 35/2007, art. 33), and the direct registration of a foreign divorce is also made on the marriage record (CNJ Provision 149/2023, art. 465). So the order is this: first the transcription of the marriage celebrated abroad, then the divorce or the registration.

Step by step for someone living abroad

1. Check whether the marriage is registered in Brazil and, if not, request the transcription (traslado) at the 1st Civil Registry Office.
2. Decide with the lawyer on the route: consulate, notary's office in Brazil, court action or registration of the divorce granted abroad.
3. Gather the marriage certificate, identity documents and Brazilian taxpayer number (CPF), any prenuptial agreement, the children's birth certificates and the documents for the assets.
4. With minor children, take the custody, contact and maintenance agreement to court before the deed.
5. For the notary's office in Brazil, sign the public power of attorney with special powers and use it within 30 days; for a court action, digitally sign the firm's power of attorney.
6. For a foreign divorce, gather the judgment, proof that it is final, the apostille and the sworn translation, and check whether direct registration or STJ recognition applies.
7. Register the divorce on the marriage record and divide in Brazil any property located here.

Which mistakes does Rocha Advogados see repeated?

In the cases Rocha Advogados handles, the first mistake is assuming that a divorce granted abroad is automatically valid in Brazil, and discovering years later, when selling a property or remarrying, that the Brazilian records still show the person as married. The second is booking the consulate with a minor child, when the law does not allow it. The third is signing the power of attorney for the notary's office without a set date for the deed and letting the 30 days of validity run out. The fourth is waiting years for the other spouse to agree, when the divorce can be granted even against their will.

Frequently asked questions

Can I register my divorce at the Brazilian consulate after getting divorced in the country where I live?

The consulate does not register a foreign divorce on the Brazilian record. The registration is made by the civil registry office in Brazil where the marriage is recorded, directly when the divorce was simple and consensual (CNJ Provision 149/2023, art. 464) and after STJ recognition in other cases.

How do I register a divorce granted abroad without going to Brazil?

Direct registration does not require a lawyer (CNJ Provision 149/2023, art. 464, § 2), but someone has to submit the documents at the registry office. A Brazilian living abroad can send the paperwork through a representative or let the firm handle it, with the full judgment, proof that it is final, the sworn translation and the apostille (art. 465).

How long does STJ recognition of a foreign divorce take?

It depends on whether the other spouse agrees with the application or is served and contests it. The estimated timeline for your case is given in writing before we start.

I got divorced in Brazil. How do I register a Brazilian divorce in Portugal?

Recognition in Portugal follows Portuguese law and, as a rule, requires an application for review of the foreign decision filed by a lawyer qualified in Portugal. On the Brazilian side, Rocha Advogados prepares the deed or judgment, the updated marriage certificate showing the divorce and the apostille, documents that are usually requested there.

Do I need a power of attorney from the consulate to get divorced?

Only for a divorce at a notary's office, which requires a public power of attorney with special powers valid for 30 days (CNJ Resolution 35/2007, art. 36). In a court divorce, consensual or contested, the firm's power of attorney signed digitally is enough (Code of Civil Procedure, art. 105, § 1), with no consulate involved.

This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.

Rocha Advogados, a law firm in Goiânia (GO), Brazil, serving Brazilians living abroad. Av. D, 419, 4º andar, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in person in Goiânia.