Recognition of a foreign divorce or judgment in Brazil
Brazilian lawyer, OAB/MG 155.242, admitted in Brazil only. Not legal advice under your local law.
A divorce, a custody order or a judgment from another country only takes effect in Brazil once it is recognised here. For a simple consensual divorce, there is a short route at the registry office; for the rest, the Superior Court of Justice (STJ) must approve it first.
Write to the lawyer on WhatsAppWhat you will need
- A full copy of the foreign decision and proof that it is final.
- The Hague apostille on the documents, or consular legalisation if the country is not a party.
- A sworn translation into Portuguese.
- A power of attorney for a lawyer in Brazil, signed where you are.
What the law says
- A foreign decision takes effect in Brazil only after approval (homologação) or exequatur, unless a law or treaty says otherwise (Code of Civil Procedure, art. 961). The approval is given by the Superior Court of Justice.
- A foreign consensual divorce takes effect in Brazil without approval by the Superior Court of Justice, and any judge may examine its validity (art. 961, §§ 5º and 6º). The registry office records it under the rules of the National Council of Justice.
- When the decision also settles custody, maintenance or property, that part needs the approval of the Superior Court of Justice.
- The approval may be partial, and urgent measures can be granted while it is pending (art. 961, §§ 2º and 3º).
The firm does not promise approval or deadlines: the court decides.
Questions
I divorced abroad and want to remarry in Brazil. What do I do?
If the divorce was consensual and only ended the marriage, the registry office in Brazil can record it directly with the apostilled and translated documents. If it also decided custody, maintenance or property, the Superior Court of Justice approves it first.
Do I need to travel?
No. The process before the Superior Court of Justice is electronic, and a lawyer here acts with a power of attorney.
Does this apply to a child taken to Brazil?
That is a different route, under the Hague Convention of 1980 on child abduction, handled through the central authorities.
Other pages
- Relative arrested in Brazil now
- Interpol red notice and extradition from Brazil
- Residence in Brazil: retirees, digital nomads, investors and family
- A correspondent in Brazil for your firm
- CPF for foreigners: the Brazilian taxpayer number
- Criminal record certificate in Brazil
- Brazilian consulates: what they do
- Buying property in Brazil as a foreigner
- Opening a company in Brazil as a foreigner
- All pages in English
- OAB/MG 155.242, admitted in 2014
- Postgraduate studies in Criminal Procedure (Faculdade Legale)
- Guaxupé (MG), practice throughout Brazil
Write to us
Tell us briefly about your case. A lawyer from the firm replies by email, usually within one business day.
How to hire from abroad
- You describe the case in writing, by WhatsApp or e-mail, in English.
- The fee is agreed in a written contract before any work begins.
- The contract and the power of attorney are signed online, and payment can be made from abroad.
How to check a lawyer in Brazil
- Look up the OAB registration in the National Registry of Lawyers (cna.oab.org.br).
- Ask for the fee in writing, in a contract.
- Pay only in the name of Felipe Mendes Smargiassi. Nothing is received in the name of third parties, and any other contact using his name is not his.
OAB/MG 155.242, cna.oab.org.br · How to check a lawyer in Brazil · Google ★
When a person answers
The office answers in person Monday to Friday, 8 am to 6 pm Brasília time (UTC-3).
WhatsApp receives messages at any time.
The first answer comes in writing, at any hour; the lawyer usually replies within one business day.
Page reviewed in October 2026.