By Summary
A divorce granted abroad only takes effect in Brazil once it is recognised here. A simple consensual divorce, with no minor children and no division of assets, can be recorded directly at the civil registry, without going to court (Code of Civil Procedure, art. 961, § 5). Other cases, such as a divorce with custody, support or division of assets, or a contested divorce, require recognition by the Superior Court of Justice (Constitution, art. 105, I, i). Rocha Advogados, based in Goiânia, handles this recognition remotely.
Why must a foreign divorce be recognised in Brazil?
Because without recognition the person remains married in Brazilian records. This blocks a new marriage in Brazil, the sale of property in the couple's name, probate and the regularisation of the CPF and voter registration.
What does the STJ require?
The Code of Civil Procedure requires that the decision was issued by a competent authority, that the defendant was properly served, that the decision is effective in the country where it was issued, that it does not conflict with a final Brazilian judgment and that it comes with an official translation, and that it does not offend public policy (arts. 963 and 964). The foreign decision must bear an Apostille or consular legalisation.
Does recognition include the division of property in Brazil?
Only if the couple agreed on those assets. Without agreement, the STJ recognises the divorce and excludes the division of property in Brazil, which must be done here (Code of Civil Procedure, art. 23, III). This is covered on the page on divorce with assets in Brazil.
What documents do I need?
- A full copy of the foreign divorce judgment or certificate.
- Proof that the decision is final in the country where it was issued.
- Hague Apostille or consular legalisation.
- Sworn translation made in Brazil.
- Brazilian marriage certificate, if the marriage was registered here.
Frequently asked questions
Does my former spouse need to agree to the recognition?
Not necessarily. If they do not agree, they are served in the STJ proceedings and may respond, but the defence is limited to the formal requirements of the foreign decision, without reopening the merits of the divorce.
How long does it take?
Direct recording at the civil registry usually takes weeks. Recognition by the STJ, an electronic proceeding, takes longer, especially when the other party has to be served abroad.
Does this also apply to custody and support ordered abroad?
Yes. Foreign decisions on custody and child or spousal support can also be recognised by the STJ to take effect in Brazil.
Do I need to travel to Brazil?
No. The STJ proceeding is electronic and the registry entry is made by power of attorney.
Does an uncontested divorce granted abroad need to go to the STJ?
No, if it only dissolves the marriage. Since the 2015 Code of Civil Procedure, a simple uncontested divorce is registered directly at the civil registry office, without recognition by the Superior Court of Justice (article 961, paragraph 5). If the decision also covers custody, maintenance or division of assets, recognition is required.
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.