Divorce · SPD Advocacia

Divorce by mutual agreement, with children, assets and debts? See how to do it

Divorce at a notary office (cartório) or in court, child custody, support and division of assets and debts. Understand the path for your case and send the information to the team.

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What is your case?

Divorce by mutual agreement: notary office or court

When the couple agrees, divorce is faster and cheaper. The path depends on whether there are minor or legally incapable children and whether their matters have already been settled.

No minor children

Divorce at a notary office

If you agree on the assets and on any support between you, the divorce is done by public deed at a notary office (cartório), with a lawyer, without a court case.

CPC, art. 733

With minor children, everything agreed

Uncontested divorce in court

The couple files a single petition with the agreement on custody, visitation, child support and property. The Public Prosecutor's Office gives its opinion and the judge approves it.

CPC, art. 731

Custody and support already decided by the judge

A notary office is also an option

Since CNJ Resolution 571/2024, divorce can be done at a notary office (cartório) even with minor children, if custody, visitation and support have already been resolved in court.

CNJ Resolution 571/2024

There are assets and debts

Division in the same act

Real estate, cars, account balances, a business and also mortgages and loans go into the agreement. If the division is complex, the divorce can be finalized first and the division of assets later.

Civil Code, art. 1,581

One of us does not agree

Contested divorce

No one is required to stay married. If there is no agreement, the divorce is requested in the courts, and the judge decides whatever remains in dispute. The form below also works for this case.

Constitution, art. 226, § 6º

Common-law marriage

Dissolution of a stable union

The same rules apply to those who lived in a stable union: recognition and dissolution, division of property, custody and child support, at a notary office (cartório) or in court.

Civil Code, art. 1,725

What the agreement must include

Children, assets and debts

Children

Who the children live with, how contact with the other parent works, including holidays and special dates, and the support amount, with payment date and method. Shared custody is the rule when both parents are fit.

Assets and debts

The list of what is included in the division according to the property regime, who keeps each item and who pays each debt. It is also decided whether there will be spousal support and whether either spouse returns to their maiden name.

Sources: CPC, arts. 731 and 733; Civil Code, arts. 1,581 and 1,584, § 2.

The agreement on debts is binding between the couple, but the bank is not required to accept a change of debtor. That is why financing and loans need special attention in the agreement. An unequal division may also trigger tax. This page provides general information and does not replace an analysis of your case.

Step by step

How it works

Initial conversation. We understand the family's situation, the property regime, the children, the assets and the debts.
Documents. Marriage certificate, personal documents, the children's birth certificates and documents for the assets and debts.
Draft of the agreement. The text covering custody, visitation, support and property division is drafted and adjusted with the couple until it reflects what was agreed.
Signature. At a notary office (cartório), by public deed, or in the courts, by a petition signed by both.
Court approval or notarial deed. In court, the Public Prosecutor's Office gives its opinion and the judge approves it. At a notary office (cartório), the deed itself is already valid as a title.
Records. Annotation of the divorce on the marriage certificate and registration of the property division on real estate and vehicles.

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Case review

Let's review 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 via WhatsApp.

Common questions

Frequently asked questions

Is there a waiting period to get divorced?

No. Since Constitutional Amendment 66/2010, there is no minimum period of marriage or separation to file for divorce.

Can one lawyer represent the couple?

In an uncontested divorce, the couple may have the same lawyer or one each. For the deed at the notary office (cartório), a lawyer must be present.

Can it be done without going in person?

Many steps are done via WhatsApp, video meetings and electronic signature. How the deed or the request is signed depends on the notary office (cartório) and the court, and is arranged case by case.

The property is financed. What happens?

The agreement defines who keeps the property and who pays the installments. To remove one spouse's name from the contract, you must negotiate with the bank, which may require a credit review.

We live in different cities or one of us is abroad.

That does not prevent an uncontested divorce. The firm serves clients throughout Brazil and abroad, and the strategy takes into account where each person lives.

How much does it cost?

It depends on the path (notary office (cartório) or the courts), the assets and the complexity of the agreement. After the analysis, the firm sends a written fee proposal before any engagement.