Online divorce: how does it work?

Ending a relationship is usually a difficult and tiring situation for those involved because, in addition to having to deal with emotions and feelings, it’s also necessary to focus on the children, property, debts, and other issues. Even when the decision is consensual between the couple, they still need to talk about these issues for each of them to be able to move on with their lives from that moment on. In an attempt to facilitate this complex process, Brazilian law has been trying to modernize divorce proceedings in certain situations, in particular with the creation of the online divorce proceeding.

Therefore, in this article, we are going to talk about this new divorce proceeding, in which situations it is allowed, its advantages when compared to other forms of divorce, how long the proceeding may take, and other related themes.

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Author: Lucas Gomes Furtado

What is online divorce?

The online divorce proceeding is an innovation created by Brazilian law which has allowed, since 2020, couples to file for divorce 100% virtually, without the need of going to a registry office to sign the papers.

This divorce proceeding may be quite beneficial when both spouses already live in different places or have decided to not keep in contact with each other, for example, as it facilitates the separation process.

However, some basic requirements must be fulfilled for online divorce to be legally possible. These are:

• no underage or incapacitated children;
• the woman cannot be pregnant;
• the divorce must be consensual, with an agreement between the couple.
• presence of at least one lawyer for the applicants.

In any event, it is always recommended that the applicants get informed specifically by the registry office where the online divorce is going to be filed, since some of these conditions may vary according to each registry office or federal state.

How is the online divorce proceeding?

As previously mentioned, the proceeding can be done completely online, as long as the registry office has full access to the E-notariado online platform.

First, both applicants must gather the following documents (which are going to be digitized):

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

Afterward, with the help of a lawyer, the applicants will make their request on the same platform and will require a digital certificate in the platform for each of them, for free.

This certificate is equivalent to a virtual identity of each applicant and will allow them to sign the divorce electronically at the end of the proceeding.

Subsequently, the applicants must contact the registry office to schedule a videoconference, which may happen with both applicants together, or separately.

It’s important to mention that the lawyer (or lawyers) must be present in this virtual meeting because the agreement previously made by the couple is going to be validated there.

Also, the applicants must pay the registry office fees.

After careful consideration by the registry office, the applicants will be able to sign the final document electronically and the divorce will be consolidated in a public deed.

It is worth mentioning that, if it is not possible to sign documents electronically in the chosen registry office, it may be necessary for the applicants to go there at that time in order to sign the divorce in person.

What are the advantages of online divorce?

The online divorce proceeding has several advantages in comparison to the extrajudicial in-person divorce, and also to the judicial divorce.

That is because the distance between the applicants, which may be a hindrance in other forms of divorce, does not prevent online divorce from beginning and being finalized, as long as the signatures are collected online.

Another advantage of online divorces is the celerity of the proceeding when compared to judicial divorce, as it depends exclusively on the availability of the applicants and the evaluation of the documents by the registry office.

After all, the applicants have already agreed to divorce and also agreed about the assets and debts that they may have. Therefore, there are no elements that would cause a disagreement to be solved in court.

Finally, it is important to take into consideration that the online proceeding is less exhausting and less bureaucratic since few documents are required and it can be done without traveling or waiting in long lines, for instance.

Thus, Brazilian law has focused on facilitating the consensual divorce proceeding and has encouraged several couples who wish to file for divorce to do it in a more simplified manner.

When is it not possible to file for divorce online?

If the requirements mentioned at the beginning of the article are not fulfilled, it will not be possible to file for divorce via the online proceeding.

In other words, if the separation includes minor or incapacitated children, issues related to custody, child support, and visitation rights, online divorce will not be possible.

Even if there are no minor or incapacitated children, it will also not be possible when there is no agreement between the spouses, in regard to property, debts, or even when one of the spouses does not want a divorce.

In these cases, the couple must choose another form of divorce, such as judicial divorce, in which a lawsuit must be filed in the presence of a judge in a family court.

Finally, there is the possibility that some Brazilian registry offices still may not have full access to the platform which allows online divorces. Therefore, it is important that the spouses get informed in advance to avoid future problems.

What if I or my spouse is abroad? And what if my spouse is a foreigner?

There are no legal obstacles to filing for divorce online if one of the spouses is overseas at that time.

Likewise, the online divorce proceeding can be filed by Brazilians and also by one Brazilian and one foreigner, without any distinction.

This happens because the online divorce proceeding was created to simplify consensual divorce, even if the applicants are located in different cities, states, or countries.

Speaking of which, many online divorces have been filed in Brazil since 2020 and it is not uncommon for one of the applicants to be abroad during the proceeding.

Thus, if one of the spouses lives abroad, the online divorce proceeding can be done the same way it was mentioned above, as long as all the requirements are fulfilled.

First, the applicants must verify if the chosen registry office has access to the online divorce platform, and with the assistance of a lawyer, they must make their request via the e-Notariado platform.

If one of the spouses is a foreigner, it is recommended that they pay attention to their personal documents, such as their CRNM, the new National Registry of Foreigners (RNE), and their CPF, in case they got married and lived in Brazil before, or their valid passport.

Similarly, it is worth mentioning that certificates and declarations 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.

Also, if it is required of the applicants to sign the divorce in person, the spouse who lives abroad can sign a public proxy with specific powers at the Brazilian Consulate in the country where they live, for another person to sign the divorce in their name.

This person must be chosen by the applicant, and it can be anyone from a friend, a family member, or a lawyer, for example. They will be given specific powers to represent the applicant on the day of the signature.

To do that, the applicant must show the following documents at the Consulate:

• their original identity card and CPF;
• their updated marriage certificate, issued in less than 30 days;
• a copy of the identity card and the CPF from the chosen person.

How long does it take for the online divorce to be completed?

The time it takes for the online divorce proceeding to be completed depends on some relevant factors, such as:

• gathering all the personal documents from the applicants;
• reaching an agreement between them;
• their availability for a videoconference;
• the analysis of the documentation by the registry office.

In most cases, extrajudicial divorces, whether they are online or in person, usually take much less time than judicial divorces, because these proceedings are less complex and much more objective than the former.

On average, it’s possible to estimate that the online proceeding will take between one week and ten days if all the requirements are fulfilled and everything goes according to plan. However, it is important to be prepared for any issues which may extend the proceeding for a few more days.