Marrying a foreigner in Brazil

Let’s suppose that two people, a Brazilian and a foreigner, wish to get married to each other in Brazil and start a life there. What would be the rules in order for this marriage to be performed?

There is no question that marrying a foreigner in Brazil has some specificities which need to be taken into consideration so that the marriage can occur without any issues.

In this text, we are going to explain the details of the marriage process with a foreigner in Brazil, and also about the possibility of family reunion and the naturalization of the foreign person after the marriage.

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How does marrying a foreigner work?

Any Brazilian person can marry their foreign partner in Brazil as long as they meet the requirements and correctly present the necessary documents for that.

It’s important for the foreigner to have a regular immigration status with a proper visa, which must be valid from the initial requirement by the couple until the day of the ceremony.
After all, a tourist visa, for example, which lasts 90 days, may expire before the conclusion of the marriage license process.

It’s also not uncommon that some Brazilian registry offices require the foreigner’s National Migration Registration Card, a residence permit, or other documents for the marriage to be performed.

Therefore, it is recommended for the foreigner to have a visa with a compatible expiration date for the whole process, like a student visa, depending on the situation.

Furthermore, to avoid possible setbacks in such a special moment, the foreigner and their Brazilian partner must pay close attention to the deadlines and follow these steps:

• gather all the documents required by the registry office from the jurisdiction where one of the partners lives;
• head to the registry office to show the documentation and apply for a marriage license;
  decide about the matrimonial regime, the need to change names, if necessary, and pay the registry office fees;
• after the marriage license process is finished, the couple will choose the date of the ceremony, which must happen within 90 days from the day they were licensed, and which can be performed in any registry office in the country.

What are the necessary documents for a foreigner to marry a Brazilian person in Brazil?

The basic documents required for a foreigner to marry a Brazilian person in Brazil will depend on the foreigner’s marital status.

If the foreigner is single, they will need to present:

• their original birth certificate;
• their original declaration of marital status, with all signatures notarized;
• their original and valid passport, with the entry stamp in Brazil, or their National Register of Foreigners, if the foreigner lives in Brazil.

If the foreigner is divorced, the following will be necessary:

• their original divorce certificate;
• their original marriage certificate;
• their original declaration of marital status, with all signatures notarized;
• their original and valid passport, with the entry stamp in Brazil, or their National Register of Foreigners, if the foreigner lives in Brazil.

If the foreigner is widowed, they must show:

• the original death certificate;
• their original marriage certificate;
• their original declaration of marital status, with all signatures notarized;
• their original and valid passport, with the entry stamp in Brazil, or their National Register of Foreigners, if the foreigner lives in Brazil.

In all cases, all certificates and declarations emitted abroad must have an apostille stamp if the country of origin is a signatory to the Hague Convention. Otherwise, they must be legalized.

Similarly, these documents must be translated to Portuguese by a sworn translator, in case the language of the country of origin is a different one, and they must also be registered in a Titles and Documents notary’s office.

It’s important to remember that each Brazilian notary or registry office may require some other unlisted documents, depending on the situation.

What must be the matrimonial regime of a marriage with a foreigner in Brazil?

There is no legal obligation that one specific regime must be chosen in the case of marriage with a foreigner in Brazil because the rules applied are the same in regard to the marriage between two Brazilian citizens in Brazil.

If they both wish to, they can choose one of the matrimonial regimes which exist in the country. The three main regimes are:

• universal community property;
• partial community property;
• separation of property.

In the universal community property regime, all the property acquired by each spouse belongs to the couple and will be divided in case of a divorce. That is, both the property acquired before and during the marriage.

On the other hand, in the partial community property regime, only the property acquired during the marriage will be divided in the event of a divorce.

In the separation of property regime, there will be no division of property since each spouse remains the owner of the realty they have acquired in their name.

In most cases, the couple will be able to choose whichever regime they wish. All they need to do is make a prenuptial agreement by public deed in a notary’s office, which must be later taken to the registry office where the marriage will take place.

If the couple does not choose any type of matrimonial regime, the partial community property regime will be automatically chosen for them.

Can a foreigner request a family reunion permit after getting married in Brazil?

Yes. The residence permit based on family reunion can be extremely interesting for a foreigner who married a Brazilian person in Brazil since it allows them to stay in the country with regular immigration status.

In this scenario, the Brazilian spouse is known as “the caller”, which is the one the foreigner wishes to reunite with. In a similar way, the foreigner is known as “the called”, the one who wishes to apply for the family reunion permit.

In order to do that, the foreigner must request a residence permit based on a family reunion from the Federal Police.

They must show the necessary documents with respect to a residence permit and attest to the existence of a family relationship with the Brazilian person, which means they need to prove that the marriage has in fact occurred.

Can a foreigner become a naturalized Brazilian after marriage in Brazil?

Yes, as long as they fulfill all requirements and show the correct documentation to apply for the ordinary naturalization of a foreigner in Brazil.

In other words, the marriage itself is not sufficient for the naturalization to happen, so the foreigner must correctly follow the instructions step-by-step to avoid problems.

First, the foreigner needs a visa to enter Brazil, if necessary, and then apply for a residence permit when it becomes possible.

If this residence permit is a temporary one, they need to wait before they apply for a permanent residence permit, according to the legal time limits.

After becoming a permanent resident, the foreigner needs to reside in Brazil for at least one year while still being married to a Brazilian person, so that they can request their ordinary naturalization.

It’s also important to remember that the foreigner must be able to communicate in Portuguese and have no criminal record, or show proof of rehabilitation.

Is it possible to have a proxy marriage with a foreigner?

Yes, it is possible, whenever one or both partners are not present, with a proxy and following the rules established by Brazilian law.

Although the possibility of marrying via the power of attorney by private instrument exists in certain places, most Brazilian registry offices require that the power of attorney by public instrument be made for this type of marriage.
Therefore, the foreign partner who is not in Brazil can choose someone else to act on their behalf by giving them a special power of attorney via a proxy by public instrument, made in a notary’s office, in the country where they are currently in.

It’s also necessary that this document be translated to Portuguese by a sworn translator, and that it has an apostille stamp if the country of issue is a signatory to the Hague Convention, or else it must be legalized.

The chosen person will be able to participate in the act on behalf of the foreign partner. It is important to bear in mind that the document will expire after 90 days from the day it was issued.

Which nationalities marry Brazilians the most?

Among the nationalities that have been marrying Brazilians the most recently, a few European, North American, and Latin American ones could be highlighted, such as:

• the Portuguese;
• Argentinians, Uruguayans and Paraguayans (Mercosur);
• Chileans;
• the Spanish;
• Americans;
• the French;
• Venezuelans;
• Haitians.

One of the factors which may explain this preference is the strengthening of partnerships and the creation of bilateral agreements between countries over the years, as it has been frequently happening between Brazil and Portugal.

For that matter, both countries have signed several treaties between them, always aiming to facilitate certain relations among citizens and to establish mutual cooperation policies.

It would be the case, for instance, of the Equality Statute between Brazil and Portugal, which guarantees the Brazilians who live in Portugal many rights in parity with those of the Portuguese, and the same for the Portuguese people who reside in Brazil.

It’s also pertinent to point out the agreement between Brazil and the member states and associate states of Mercosur, through which their citizens are not usually required to have a visa to enter Brazil.
Therefore, Argentinians, Uruguayans, Paraguayans, and other countries’ nationals may apply for a temporary residence permit in Brazil without a visa if they fulfill the requirements and show the necessary documentation.

Another example of this facilitation is the agreement between Brazil and France, which makes citizens exempt from legalizing documents from either country when they are presented in the other, greatly reducing costs and speeding up the process.

Finally, having previous knowledge about agreements and treaties which have been signed between Brazil and the country of origin of your foreign partner can make all the difference while you successfully plan your marriage in Brazil.