Brazilians abroad · SPD Advocacia
Living in Germany? We handle divorce, probate, recognition and INSS applications in Brazil
The firm handles divorce and probate, requests recognition of the German judgment, executes property deeds and applies for retirement under the Brazil-Germany agreement, while you are in Germany.
What does the firm do in Brazil for those living in Germany?
Almost everything you have in Brazil moves forward through a power of attorney. It can be done at the Brazilian consulate (consular services are available at the embassy in Berlin and the consulates-general in Frankfurt and Munich) or before a German notary with apostille. The firm drafts the text and handles the act in Brazil. Anything that depends on German law is not part of the service; we tell you before you engage us.
Brazil and Germany are parties to the Hague Apostille Convention. So a German public document is valid in Brazil with the apostille issued in Germany, without consular legalization, and as a rule needs a sworn translation. Both countries are also parties to the Hague Conventions on international child abduction, of 1980, and on child support recovery, of 2007.
For retirement, there is a social security agreement between Brazil and Germany, in force since 2013 (Decree 8.000/2013). Contribution time in both countries can be added together to meet the requirements and, in that case, each country pays the share proportional to the contribution time there. A child born in Germany to a Brazilian father or mother is a native-born Brazilian if registered at a Brazilian consular office (Constitution, art. 12, I, c).
What the law says
Key points
The embassy in Berlin and the consulates-general in Frankfurt and Munich handle powers of attorney and birth registration for Brazilians.
A German public document is valid in Brazil with an apostille and, as a rule, a sworn translation.
The Brazil-Germany agreement allows contribution time to be added together for retirement and pensions.
Without minor or incapacitated children, an uncontested divorce can be done at the consulate, with a lawyer.
Sources: Federal Constitution, arts. 12 and 105; Code of Civil Procedure, art. 961; Law of Introduction to the Norms of Brazilian Law, art. 18; Decree 8.660/2016 (Hague Apostille); Decree 3.413/2000 (1980 Hague Convention); Decree 9.176/2017 (2007 Hague Convention); Decree 8.000/2013 (Brazil-Germany social security agreement); Hague Conference (HCCH); Ministry of Social Security; Ministry of Foreign Affairs.
What is your case?
Situations the firm handles
Divorce for those living in Germany
Divorce at a notary office or in court in Brazil, or a deed at the consulate with a lawyer.
See pageProbate with an heir in Germany
Probate at a notary office or in court, and you only sign the power of attorney, wherever you are.
See pageGerman judgment in Brazil
Direct annotation at the registry office or recognition request at the STJ, depending on the case.
See pageRetirement under the Brazil-Germany agreement
INSS application adding up the contribution time in both countries.
See pageSale or rental of property in Brazil
Deed by attorney-in-fact, lease and regularization.
See pageRegistering a child born in Germany
We guide the registration at a Brazilian consular office and handle the steps in Brazil.
See pageStep by step
How the firm works
- Request. You tell us about the case and send the documents through the form on this page.
- Proposal. We send in writing what will be done and the fees, before any engagement.
- Contract. You sign the contract and the power of attorney electronically, wherever you are.
- Delivery. We deliver the divorce, the probate, the filed STJ or INSS application or the deed, depending on the service engaged, with updates on WhatsApp.
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
What exactly do you deliver?
Divorce at a notary office, in court or at the consulate, probate, annotation or the recognition request at the STJ, the property deed or lease and the INSS application under the Brazil-Germany agreement.
Is my divorce granted in Germany valid in Brazil?
It can be. A simple uncontested divorce, dealing only with the end of the marriage, is annotated directly at the Brazilian registry office, without going to the STJ. Others, such as contested divorces or those that also deal with custody, support or division of assets, need recognition by the STJ. We handle the annotation or the STJ request.
Do you practice in Germany?
No. The firm practices Brazilian law. Anything that depends on German law is not part of the service; we tell you before you engage us.
Do German documents need translation?
As a rule, yes. In addition to the apostille issued in Germany, a document in German needs a sworn translation to be used in Brazil.
Does time worked in Germany count for the INSS?
It can. The social security agreement between Brazil and Germany allows the periods to be added together and, when they are, each country pays the share proportional to the contribution time there. We file the application with the INSS.
How much does it cost?
After the analysis, the firm sends a written fee proposal, before any engagement. Notary, consulate and translation fees are paid separately, to whoever provides the service.
Lawyer in Brazil for Brazilians living in Germany
SPD Advocacia handles the Brazilian side for those living in Germany: divorce, probate, recognition of judgments at the STJ, property deeds, retirement applications under the Brazil-Germany agreement and registration of children, with remote service and electronic signature.
Countries with an agreement
How payment works
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 →