Family and abroad · SPD Advocacia
Married in Brazil and living abroad? The divorce can be done without you traveling
There are three routes: online notary, Brazilian consulate or court. And if the divorce was already done abroad, we show you how to make it valid in Brazil.
What are the routes to divorce for those living abroad?
Online notary. With agreement between the spouses, the divorce can be done by public deed, with a lawyer (Code of Civil Procedure, art. 733), on the e-Notariado platform, by video call with the notary, or through a public power of attorney. If there are minor or incapacitated children, we check whether the notary route is possible in the case.
Consulate. The Brazilian consulate can perform the uncontested divorce of Brazilians who have no minor or incapacitated children. The deed sets out the division of assets, support, if any, and the name each spouse will use (LINDB, art. 18, § 1).
Court. Without agreement, the divorce is requested through a lawsuit in Brazil, and you take part through a power of attorney and, when the judge allows, through video hearings.
Divorce granted abroad. It is valid in Brazil once recognized. A simple uncontested divorce can be annotated directly at the registry office; if it deals with custody, support or division of assets, it needs recognition by the STJ (Code of Civil Procedure, art. 961, § 5).
What the law says
Key points
An uncontested divorce can be done at a notary office or the consulate; without agreement, only in court.
With minor or incapacitated children, the consulate does not perform the divorce.
The deed sets out the division of assets, support, if any, and the name each spouse will use.
Simple uncontested: direct annotation. With custody, support or division: recognition by the STJ.
Sources: Law of Introduction to the Norms of Brazilian Law, art. 18, § 1 (Law 12.874/2013); Code of Civil Procedure, arts. 733 and 961, § 5; Federal Constitution, art. 105, I, i.
What is your case?
Situations the firm handles
Online notary divorce
Deed by video call, with a lawyer.
CPC, art. 733Divorce at the consulate
For Brazilian couples without minor or incapacitated children.
LINDB, art. 18Contested divorce in Brazil
Lawsuit with you represented by power of attorney.
Divorce actionCustody and support between countries
Visitation and support rules for children in another country.
See pageStep by step
How the firm works
- Analysis. We look at whether there is agreement, children, assets and where each person lives.
- Route. We indicate notary office, consulate or court, depending on the case.
- Documents. Powers of attorney, certificates, apostille and translations, without back and forth.
- Annotation. Recording of the divorce on the Brazilian marriage certificate.
Case analysis
Let's analyze your case
Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary on WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Do I need to come to Brazil to get divorced?
In most cases, no. The divorce can be done by video call, at the consulate or through a power of attorney.
My ex-spouse will not sign. What now?
The divorce can be requested in court even without the other spouse's consent. The case proceeds in Brazil and you take part through a power of attorney.
We have minor children. Can we do it at the consulate?
No. The consulate only performs uncontested divorces for those without minor or incapacitated children. In these cases, we assess the notary office or the court.
I got divorced abroad. Do I need another divorce in Brazil?
No. You only need to make the foreign divorce valid here: direct annotation, if it is simple and uncontested, or recognition by the STJ in other cases.
Is a divorce granted in Brazil valid in the country where I live?
It depends on that country's law. In Portugal, for example, when a Portuguese citizen is involved, the Brazilian decision must be reviewed by a Portuguese court, with a lawyer admitted there.
How much does it cost?
After the analysis, the firm sends a written fee proposal, before any engagement.
Lawyer for divorce when living abroad
SPD Advocacia handles divorces for Brazilians living abroad, through an online notary, the consulate or the courts, and handles recognition in Brazil of divorces granted abroad, with online service.
Responsible lawyers
- Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
- Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
- Eduardo Prado OAB/GO 59.836 · criminal and electoral law
Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →
