The separation of Church and State; the strengthening of individual freedoms; female emancipation; and a family concept based on affection, have made Brazilian society more dynamic and informal, with less lasting marriages.
This shouldn't be a cause for pessimism. An easy divorce guarantees dignity to a person who no longer feels happy in a marriage, and can seek another partner that corresponds to him/her.
What is an Extrajudicial Divorce in Brazil?
Divorce is the dissolution of a valid marriage. According to Brazilian law, only death or divorce can break the marriage bond. A few years back a divorce was only possible after a judicial ruling.
However, current article 733 of the Brazilian Civil Procedure Code allows extrajudicial divorce, granted outside the Judiciary System.
Extrajudicial divorce is more advantageous to the parties involved, because is:
- Faster: does not depend on a prolonged judicial process;
- Cheaper: extrajudicial fees are lower and fixed, do not vary according to the value of the assets, as occurs in a lawsuit;
- Less distressful: people can move on with their lives sooner.
How to divorce in Brazil?
In Brazil, a religious body cannot grant an divorce. The parties can file a divorce (lawsuit) or sign an agreement and register it in the Recorder of Deeds.
The deed will serve for other acts of registration, including for real estate purposes, and to transfer assets and rights.
Brazilian law allows an extrajudicial divorce if:
(I) is consensual (agreement);
(II) the couple does not have children; and
(III) the couple is represented by a lawyer or Public Defender.
Documents required for Extrajudicial Divorce in Brazil
The divorcees need to present the following documents:
Their national IDs;
CPF (Cadastro Nacional de Pessoa Física) ;
Property certificate of any real state;
Documents proving ownership over other types of properties;
Woman's statement that she is not pregnant, or that she is not aware of pregnancy;
Tax receipt if any individual asset was transferred to one another, or there was unequal sharing of common equity; and
If they have children
the birth certificate or children's identity document;
a statement that their children is over 18 and sound of mind and body, indicating names and dates of birth.
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