By Summary
Assets located in Brazil can only be divided by a Brazilian court or a Brazilian public deed, because the law gives Brazil exclusive jurisdiction to divide assets located here in a divorce (Code of Civil Procedure, art. 23, III). A foreign divorce can be recognised in Brazil, but the part of a foreign judgment that divides property in Brazil without the couple's agreement is not recognised by the STJ. Rocha Advogados, based in Goiânia, handles the division remotely.
Can a foreign court divide my property in Brazil?
As a rule, no. In SEC 5.822, the STJ's Special Court recognised a United States divorce and excluded the division of the properties in Brazil, because the couple had not agreed on them. The exception is when the couple reached an agreement on the assets and the foreign judgment merely confirms it (SEC 4.223).
Can I divorce now and divide the assets later?
Yes. The divorce can be granted without the division (Civil Code, art. 1.581), and the division is done later, by agreement before a notary or by court action. Until then, the assets remain in both names and cannot be sold without both signatures.
What are the routes for the division?
With agreement, the division can be made by notarial deed in Brazil, with a lawyer, signed by power of attorney or on e-Notariado (CNJ Resolution 35/2007). Without agreement, it is a court action in Brazil, conducted electronically and followed from abroad.
Is an unequal division taxed?
It may be. When one spouse takes more than half without paying the difference, the excess can be treated as a gift, subject to ITCMD; if a payment is made, as an onerous transfer, subject to ITBI. The division should be designed before signing to avoid unexpected tax.
What documents do I need?
- Updated marriage certificate, showing the property regime.
- Prenuptial agreement, if any.
- Property registrations and statements of accounts and investments in Brazil.
- Articles of association, if either spouse owns a company.
- The foreign divorce judgment, if already issued, with Apostille and translation.
Frequently asked questions
My former spouse is in Brazil and refuses to divide. What can I do?
File a division action in Brazil. The court can order the asset to be sold and the proceeds divided, and a former spouse who uses the property alone can be ordered to pay rent to the other.
I already divorced abroad. Do I need to do anything in Brazil?
Yes. A foreign divorce must be recognised in Brazil to be valid here. A simple consensual divorce can be recorded directly at the civil registry; other cases require recognition by the STJ. The division of assets in Brazil follows the rules on this page.
Is the marital property regime the one of the country where I married or Brazil's?
As a rule, the property regime follows the law of the country where the couple was domiciled when they married (Introductory Law to the Rules of Brazilian Law, art. 7, § 4). This can change what each spouse receives and should be reviewed with the marriage certificate.
How long does it take?
With agreement, the notarial deed usually takes weeks. Without agreement, the court action can take years. The estimated timeline for your case is given in writing in the proposal.
Can I get divorced at the Brazilian consulate?
Yes, when the divorce is by mutual consent and the couple has no minor or incapacitated children. Law 12,874/2013 allows the consulate to execute the divorce deed, signed by a lawyer. With minor children, the divorce goes to court.
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, Brazil, serving Brazilians living abroad. Av. D, 419, 4th floor, 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 service in Goiânia.