For international families
Recognizing a foreign divorce in Brazil: what you need to know
If you or your former spouse is Brazilian and the divorce was granted outside Brazil, Brazil still considers you married until the foreign divorce is recognized there. This page explains, in plain English, the two ways to make a foreign divorce valid in Brazil and how the process works when you live abroad.
Why a foreign divorce does not automatically count in Brazil
Each country decides which foreign court decisions it accepts. In Brazil, a judgment issued abroad only produces legal effects after it goes through a formal recognition procedure, set out in the Federal Constitution (art. 105, I, “i”) and the Code of Civil Procedure (arts. 960 to 965). The review is formal: the Brazilian court does not reopen the case or decide who was right.
Until recognition, the Brazilian civil registry still records the marriage. In practice, this can:
- prevent your former spouse, or you, from remarrying in Brazil;
- complicate the sale or purchase of property in Brazil, which usually requires the spouse’s signature;
- cause problems in a future inheritance involving assets in Brazil.
Route 1: direct registration of a simple, consensual divorce
Since 2016, Brazil allows a consensual divorce that only dissolves the marriage (it may also deal with the return to a maiden name) to be registered directly at the Brazilian civil registry office where the marriage is recorded, without going to the Superior Court (Code of Civil Procedure, art. 961, § 5, regulated by the National Council of Justice).
The foreign decision must be final, carry an apostille (or consular legalization) and, if not in Portuguese, be translated by a Brazilian sworn translator. A lawyer is not mandatory for this route, although guidance helps avoid rejections by the registry office.
Route 2: recognition by the Superior Court of Justice (STJ)
Recognition by the Superior Tribunal de Justiça, known in Portuguese as homologação de sentença estrangeira, is required when:
- the divorce was contested;
- the decision also deals with child custody, visitation, child or spousal support, or division of property;
- the decision was issued by a non-judicial authority whose act, under Brazilian law, would have a judicial nature.
The court checks, among other things, that the decision was issued by a competent authority, that the other party was properly served or took part, that the decision is final and effective where it was issued, and that it does not offend Brazilian public policy.
How the STJ process works, step by step
- Gather documents in the country where the divorce was granted: the full decision and proof that it is final.
- Apostille them under the Hague Apostille Convention, or obtain consular legalization if the country is not a party.
- Translate them through a Brazilian sworn translator.
- File the request electronically at the STJ through a Brazilian lawyer.
- Notify the other party. If your former spouse agrees and signs a statement of consent or joins the request, this step is much faster.
- Decision, usually by the Court’s President when there is no opposition, after an opinion from the Federal Public Prosecutor.
- Registration of the decision at the Brazilian civil registry office.
You do not need to travel to Brazil. Everything can be done online, with a power of attorney signed abroad.
Documents usually required
| Document | Notes |
|---|---|
| Full copy of the foreign divorce decision | With proof that it is final |
| Apostille or consular legalization | Issued in the country where the decision was made |
| Sworn translation into Portuguese | By a Brazilian sworn translator |
| Brazilian marriage certificate | Or the registration of a marriage celebrated abroad |
| Proof of service or consent of the other party | Consent usually shortens the process |
| Power of attorney for the lawyer | Can be signed abroad |
How long it takes
There is no fixed timeframe. The two factors that matter most are having complete documents from the start and having the other party’s consent. When the former spouse must be served in another country, the process takes longer.
Getting divorced from a Brazilian spouse
If you have not divorced yet, it may be simpler to do it in a way that is valid in both countries from the outset. When there is agreement, a Brazilian spouse can often divorce at a Brazilian notary office by videoconference, without travelling, and the result can later be recognized in the other country. Choosing the right place to divorce can avoid a second procedure.
Property and inheritance in Brazil
Real estate located in Brazil is subject to Brazilian jurisdiction. A foreign decision dividing Brazilian property must be recognized before it can be registered. Likewise, when someone who owned assets in Brazil passes away, a probate procedure (inventário) is needed in Brazil for those assets, even if the person lived abroad. Heirs can take part from abroad by power of attorney or videoconference.
About my role
I am a lawyer admitted in Brazil (OAB/SP) and in Portugal. I advise on Brazilian and Portuguese law and handle the procedures in those countries. When the law of another country is involved, I work alongside a local lawyer so that each step is valid where it needs to be.
Frequently asked questions
Is my foreign divorce valid in Brazil?
Not automatically. It must be registered directly at a Brazilian registry office (simple consensual divorces) or recognized by the Superior Court of Justice (STJ) in other cases. Until then, Brazil still considers the marriage valid.
Do I need to travel to Brazil?
No. The STJ procedure is electronic and handled by a Brazilian lawyer with a power of attorney that can be signed abroad.
My divorce was by mutual consent. Do I still need the STJ?
If the divorce only dissolved the marriage, it can usually be registered directly at the registry office. If it also dealt with children, support or property, recognition by the STJ is required.
What is an apostille?
It is a certificate that authenticates a public document for use in another country that is party to the Hague Apostille Convention. Brazil joined the Convention in 2016. It is issued in the country where the document was produced.
My former spouse cannot be found. Can I still proceed?
Yes. Brazilian law provides ways to serve a party who cannot be located, such as service by public notice. The process tends to take longer.
Do you speak English?
Yes. Consultations can be held online in English, Spanish or Portuguese.
Tell me about your case
Write in English, Spanish or Portuguese. I reply by email.
Lawyer admitted in Brazil (OAB/SP 396.351) and Portugal (Ordem dos Advogados, 61988P). Family and succession law for families who live or own assets in more than one country. Online consultations in Portuguese, English and Spanish.
This page provides general information about Brazilian law as of September 2026 and is not legal advice for any specific case. Aline Vidanes is admitted to practice in Brazil (OAB/SP 396.351) and Portugal (Ordem dos Advogados, 61988P) and does not advise on the law of other jurisdictions.