Filing for divorce by proxy with your spouse abroad

In the last years, Brazil has been simplifying some proceedings with the intention of making them less complex, in order to facilitate the lives of Brazilian citizens.

One of these proceedings is divorce, which can nowadays be done online, by proxy, or even abroad, depending on the case, as long as all the requirements are fulfilled.

Therefore, we will explain the possibility of getting a divorce online, by proxy, with your spouse abroad, how the division of property is going to be decided, and other issues related to this subject.

If you need help, consult our specialized legal team by clicking here.

Author: Lucas Gomes Furtado

How can I file for divorce online?

From 2020 onwards, filing for divorce online has become a reality, without the need for in-person signing and completely out of court, as we are going to elaborate further.

To file for divorce online, one must fulfill the same requirements needed for an in-person divorce. They are:

• first: the couple cannot have minor or incapacitated children;
• second: the woman should not be pregnant;
• third: the decision must be consensual, with no disagreement between the couple;
• fourth: there must be at least one lawyer present.

It’s important to mention that some of these conditions may vary according to each state and registry office. Also, some registry offices might not have access to the online divorce platform yet.

Therefore, it is recommended that the applicants get informed about the situation in their state and registry office where they plan to file for divorce before they apply for the proceeding, as to avoid future problems.

If all requirements are fulfilled, the applicants must collect the necessary documentation, which includes:

• identity card and CPF, both the original ones and copies;
• their marriage certificate, either the original or a certified copy;
• proof about the matrimonial regime and professional registration;
• proof of address.

Subsequently, it will be possible to apply for divorce via the e-Notariado system, where each of the applicants is going to request a digital certificate in the platform for free.

After that, a videoconference must be scheduled with the registry office. It can happen with the two applicants at once or with each applicant at a time, but always in the presence of the chosen lawyer, to validate their divorce agreement.

The registry office fees must also be paid for the divorce to be completed.

Finally, the applicants are going to sign the final document electronically and the divorce will be consolidated in a public deed.

The text continues after the form.

How can I file for divorce by proxy?

Let’s imagine that one of the spouses is not able or does not want to be a part of the online or the in-person divorce proceedings. How can this situation be solved?

In this case, one interesting option would be filing for divorce by proxy (power of attorney) if the same requirements from the online divorce are fulfilled.

Thus, the applicant who will not attend the proceeding must choose another person, who will be called the procurator (procurador), to represent them and sign the final divorce document in their name.

They are free to choose any person they wish to represent them, such as a lawyer, a friend, or a family member, for instance.

To do that, the applicant must go to any notary office in Brazil with the following documents:

• their original identity card and CPF;
• their marriage certificate, issued within the last 30 days;
• a copy of the identity card and CPF from the chosen procurador.

Also, the applicant will also have to mention their representative’s address, profession, and marital status, as well as which act will be performed, and what specific powers they wish to give them.

It’s important to notice that the proxy document expires in 30 days, so the divorce proceeding should occur within this timeframe so that the document will not become void.

What if my spouse lives abroad?

If the couple or one of the spouses lives abroad, it will not be necessary for either of them to return to Brazil to start the divorce proceeding, as long as there are no minor children and if it is consensual.

If the marriage was performed in Brazil, it’s possible to start the divorce online, as it was mentioned above.

Another possibility is filing for divorce by proxy, in which the spouse who lives abroad would go to a Brazilian Consulate in the country where they live to request a public proxy with specific powers.

Therefore, they are going to choose someone to represent them in a registry office in Brazil, as it was explained before.

Finally, the Consular divorce can also be done in a Brazilian Consulate in the country where they live, if the marriage was originally performed abroad, as long as they do not have minor or incapacitated children, and with the assistance of a lawyer enrolled in the Order of Attorneys of Brazil (OAB).

I am filing for divorce in Brazil and I have property abroad. How are they going to be divided?

Even with the simplification of out-of-court divorces, many proceedings still happen in court, especially when there is no agreement between the applicants regarding property or questions pertaining to minor or incapacitated children.

If the couple is getting divorced in Brazil and some of their property is located abroad, how is the division of property going to be?

According to the decisions from the Superior Court of Justice (STJ), Brazil is competent to recognize the existence of personal property and real property abroad and add their value to the division.

In other words, if there are assets in another country, it is not necessary for the Brazilian justice system to share them, but only add the value of each one of them to the existing divorce proceeding in Brazil.

Similarly, it is not necessary for the other country’s judicial system to intervene and solve the issue.

However, each divorce situation is different and may vary according to the matrimonial regime in place, the number of minor children, and other issues related to child support and custody, for example.

Therefore, the assistance of a specialized lawyer is always recommended to guide the applicants through each specific scenario.

In which countries are women not allowed to get property after a divorce?

Nowadays, it is estimated that in almost half of the countries in the world, there are restrictions that can hinder women in regard to having property in their name, when it comes to a divorce or inheritance.

In many of these countries, the local legislation allows a fair division of property, but women’s access to the assets she is entitled to be often quite difficult.

This happens because of religious, social, and cultural factors in each country, which may have a great influence on the final decision of the divorce process.

This reality is often seen in Middle Eastern, African, and South Asian countries, such as:

• Egypt;
• Palestine;
• Iran;
• Nigeria;
• Kenya;
• Uganda;
• Congo;
• the Philippines.

Kenya

In Kenya, although the local laws allow the division of property in case of divorce, it is not uncommon for courts to disregard the woman’s part for a variety of reasons.

The main reason is that the couple must show they contributed in some way to the property, which can be difficult to prove depending on the context where the woman lives.

Philippines

In the Philippines, divorce was considered illegal until 2023, when it was allowed only through a court and if there is proof that there is no chance of reconciliation between the couple.

Before that, however, many couples stopped living together and several women found themselves in a precarious situation, with no guarantee that they would get any of their property or financial assistance to them and their children.

Generally, many wives in these regions engage in domestic, unpaid activities and solely rely on their husband’s salaries, which may also interfere with their rights in court.

The act of marrying someone is often seen as part of having a stable life for the women in these communities, but it’s also something that may end with divorce if their rights are not respected.

Therefore, some local and global organizations, including the United Nations, have been making efforts in order to stop inequality and allow for a more generous division.

My spouse has already married abroad. What can I do?

In a globalized world that assures easy access among people everywhere in the world, this scenario has become relatively common among couples from different countries.

First, it is necessary to take into consideration that a marriage performed abroad is valid in Brazil, even when it is not registered here.

This happens because one person cannot have more than one marital status at the same time, which means that you cannot be married in one country and single in another.

Thus, if they wish to get married again in another country, it is expected for them to get a divorce from their former marriage to regularize their situation in both countries.

If this person declares that they are single and decides to get married in Brazil without getting a divorce first, they may be prosecuted for ideological falsehood and bigamy, according to Brazilian criminal law.

Besides this, their new marriage may be considered void, irrespective of all the time, organization, and costs of a marriage that will not be valid.

On the other hand, divorce proceedings have become more accessible with time, mainly if there is an agreement between the applicants, and usually, it is not necessary for the person to return to the country where they got married to apply for a divorce.

For that reason, the regularization of your marital status is important to prevent possible legal complications, and having a specialized lawyer to assist you may be of great value.

Is it necessary to validate, in Brazil, a divorce filed abroad?

Yes. A divorce recognized abroad also has to be recognized in Brazil in order to have legal effects here.

If the divorce abroad solely dealt with the dissolution of marriage, without the division of property, custody, or child support, it may be recognized directly in a registry office.

Thereby, the applicant must go to the registry office where the marriage was registered in Brazil and show:

• their marriage certificate;
• a copy of the foreign divorce decision, with a final and unappealable judgment.
• a translation of the decision made by a sworn translator in Brazil, in case the language of the country of origin is not Portuguese.

Also, it is worth mentioning that documents issued abroad must have an apostille stamp, if the country of origin is a signatory to Hague Convention, or be legalized, in order to be considered valid in Brazil.

However, if the divorce abroad dealt with custody, child support, or division of property, the decision has to be validated by the Superior Court of Justice.

If this is the case, the following will be necessary:

• have a lawyer enrolled in the Order of Attorneys of Brazil, via a public proxy signed by the two former spouses;
• provide an apostille stamp or legalize the divorce decision, and have it translated by a sworn translator in Brazil, if the language of the country of origin is not Portuguese;
• file the homologation of foreign decision lawsuit in the Superior Court of Justice.

After the end of the process, with a final and unappealable judgment, a transcript of the judgment must be required so that this decision can be executed in the Federal Justice.

Finally, with the same document, it’s also possible to register the divorce at the registry office where the marriage was previously registered.