Marriage Abroad: How to have it valid in Brazil

Marriage abroad is only valid in Brazil after the Judiciary has approved it.

Author: Lucas Gomes Furtado

Imagine that a Brazilian is abroad and decides to marry a foreigner, or even another Brazilian. Would this marriage be valid in Brazil?

And if there were two foreigners wanting to validate their marriage in Brazil, what would be the differences?

In fact, it is perfectly possible for a Brazilian to get married in another country, and this marriage will also have effects in Brazil. However, certain precautions need to be taken to avoid possible inconveniences in the future, as we will explain in the following text.

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What is the procedure for homologating a marriage abroad in Brazil?

First of all, it is worth noting that a marriage performed abroad is considered valid in Brazil. After all, there is no legal impediment that prohibits Brazilians from getting married in another country.

However, for this marriage to have legal effects here, it must be registered in Brazil, as this allows proof that the marriage actually took place.

This procedure is done extrajudicially and should occur as follows:

Abroad, the marriage will be registered at a Brazilian Consular Office in the country where it took place. The Brazilian spouse must be present at this time and will be the declarant, who will sign the document in the Registry Book.

To do so, the couple must present:

• the marriage registration form, filled out and signed by the declarant;
• the foreign marriage certificate;
• the prenuptial agreement, if applicable;
• original and valid passports, or another identity document;
• in the case of the spouse being a foreigner, a declaration that they have never been married;
• if there was a previous marriage, a death certificate if widowed, or a document proving divorce if divorced.

The Consulate will then issue a Brazilian marriage certificate with all the information contained in the foreign certificate.

Upon arrival in Brazil, the spouses must:

• Transcribe the certificate at the 1st Civil Registry Office of their place of residence in Brazil;
• or at the 1st Civil Registry Office of the Federal District, if they do not have a place of residence;
• The deadline is 180 days from the date of return.

Once these requirements have been met, after the transcription, the marriage will be considered registered and the spouses will receive the final document at the same time, without having to wait.

If the couple is already in Brazil, without having registered the marriage at the Consulate, they can register it directly at the 1st Civil Registry Office, as long as the foreign certificate is apostilled (if the country is a signatory to the Hague Convention), or legalized, in addition to being translated by a sworn translator in Brazil.

Registering and homologating a marriage abroad in Brazil can even help in granting a family reunion visa and a residence permit.

It is worth noting that this last hypothesis will also apply when both spouses are foreigners, given that they would not have assistance from the Brazilian Consulate to carry out the registration.

What are the legal consequences of not registering a marriage abroad in Brazil?

As explained above, a Brazilian citizen’s marriage abroad is valid in Brazil, and it is not possible for a person to have two different marital statuses at the same time.

This means that even if a Brazilian citizen does not register his or her foreign marriage in Brazil, he or she will still be married before the law.

Therefore, the consequences of not registering a foreign marriage in Brazil can be diverse, but especially complex in the criminal, tax and social security areas.

It is not uncommon, for example, for people to need to declare their marital status in documents such as public powers of attorney, contracts, declarations, and other similar documents.

Thus, a Brazilian citizen who got married abroad and declares himself or herself single in Brazil may end up committing the crime of ideological falsehood and be punished for it.

Likewise, if this Brazilian citizen marries in Brazil after having previously married abroad, without having been divorced, he or she may be charged with the crime of bigamy. In addition, his or her new marriage may be considered null and void.

Therefore, it’s recommended that the marriage be registered in Brazil if the spouses wish to live here.

And what are the legal effects of homologating a marriage abroad in Brazil?

After the marriage is registered in Brazil, it will have legal effects in the country, like any other marriage that has taken place in Brazilian territory.

The act of getting married, in itself, brings with it a series of rights and obligations for the spouses, and this is no different in the case of a marriage performed in another country and registered in Brazil.

For example, the property regime chosen can have a considerable impact on the couple’s assets. With the registration, the regime decided by the couple at the place of marriage will prevail, in accordance with Brazilian law.

However, if the couple has not opted for any property regime at the time of marriage, the property regime of the spouses’ domicile will prevail. If it’s the same, or of the couple’s first domicile, if they have different domiciles.

In addition, the spouses will also be entitled to inheritance in the event of the death of one of them, depending on the property regime determined for that marriage.

Finally, if the couple has children, new legal responsibilities will arise. For example, ensuring their livelihood, education, and access to healthcare, among other family duties.

Is it possible to homologate a foreign marriage in Brazil after the death of the spouse?

It’s possible that, in the period between the marriage abroad and its registration in Brazil, one of the spouses may die.

However, there is no impediment to the procedure for registering this marriage in Brazil, that is, this registration will be accepted by the Registry Office, as long as the other steps are completed.

In this case, the surviving spouse may present, in addition to the other documents, the deceased’s death certificate, duly apostilled or legalized, and translated, proving the death of the spouse.

It’s important that this registration be done so that the marriage has effects in Brazil, mainly due to the succession of the deceased’s assets to the surviving spouse, if applicable, according to the current property regime.

How can a lawyer help with the homologation of a foreign marriage in Brazil?

A lawyer specializing in international law is a professional qualified to guide you through this procedure, which can cause doubts and confusion due to its specificities.

With the help of a qualified lawyer, the homologation of a foreign marriage in Brazil can be carried out correctly, ensuring that there are no problems until its conclusion.

The lawyer will handle the entire process practically alone, without you having to waste time on it.

In addition, you can also clarify doubts and learn more about the rights and obligations that govern your marriage, and what the legal effects will be resulting from its registration in Brazilian territory.

What happens to inheritance rights in Brazil and abroad after the death of a spouse?

If one of the spouses dies, an inventory must be opened so that their assets can be gathered and, ultimately, divided among the heirs in accordance with the law.

To do this, it will be necessary to analyze where the assets that belonged to the deceased are located.

If the deceased owned assets in Brazil, it will be necessary to open an inventory of these assets here. At the same time, if there are assets in another country, another inventory must be opened there, with a lawyer working there.

This happens because each country has its own national sovereignty, and Brazil cannot intervene in assets, decisions and laws in force in another country, and vice versa.

However, the legislation that should be applied to these inventories, as a rule, will be that of the deceased’s country of residence, regardless of where the inventory is being processed and where the assets are located.

There is, however, an important exception: if we are talking about a deceased foreigner, with a Brazilian spouse or Brazilian child and who left assets in Brazil, the most favorable law in relation to this inventory must be observed.

In other words, in this situation, Brazilian law or the law of the spouse’s country of residence may be used, depending on which is more favorable to the Brazilian spouse or child.

It’s also worth noting that the spouse’s share in the inheritance and the percentage to be inherited will depend on the existence of other heirs and the property regime that regulated his/her marriage with the deceased.