Brazilian family law is quite similar to German law, especially with respect to custody and alimony law. There are considerable differences in the matrimony and divorce law, however. The matrimonial property regime is freely accordable. If there is no determination about the property regime between the spouses, the legal matrimonial regime will be partial community of property. This means in other words, that the spouses are co-proprietors of any goods acquired during the matrimony which has to be divided at a divorce. The sale of real-estate, the celebration of guarantee agreements as well as the legal burden of mortgage over common real-estate requires an explicit consent of the spouse. This is an important issue in real-estate acquisitions from married sellers.

The divorce law in Brazil is comparatively liberal and depends only upon a serious declaration of one of the spouses expressing that he wants to end the marriage. The divorce isn’t bound to any other condition.

Our Services:

Weber & Bernardo offers legal support during a divorce under Brazilian law and also in case of new matrimonies with Brazilian citizens, which generally require the acknowledgment of the former divorce sentence by the Highest Brazilian Court in Brasilia (“Superior Tribunal Federal – STJ”). Furthermore we assist you in custody and alimony demands, as well as adoption procedures.