BRAZIL Law and Practice Contributed by: Cassio Namur and Roberta Toledo, Tortoro, Madureira & Ragazzi Advogados
Tortoro, Madureira & Ragazzi Advogados Al Santos 787 7º andar Jd Paulistano CEP 01419-001 São Paulo Brazil
Tel: +55 11 3018 4848 Fax: +55 11 3018 4800 Email: cnamur@tortoromr.com.br Web: www.tortoromr.com.br
1. Divorce 1.1 Grounds, Timeline, Service and Process Divorce is a Potestative Right Considering that divorce is a potestative right, for the dissolution of heterosexual or same-sex couples, the will of one of the parties and the existence of a valid marriage are sufficient to apply for a divorce. A stable union must be prov - en and judicially recognised, if it has not been declared by the parties by means of a public deed or private instrument, in order for it to be dissolved, producing its patrimonial effects and consequences for the children, as well as for the ex-spouse/partner. Currently, in order to carry out the dissolution of a marriage or stable union, there is no need to comply with prior separation deadlines or other requirements, except for the determination of one of the parties to terminate the relationship. Bill No 4/2025, which is currently being pro - cessed in the Brazilian Senate, provides for changes in the area of family law with the option
of unilateral divorce – that is, at the request of only one of the spouses – directly at a notary’s office (administrative divorce), without the need for intervention by the judiciary. Debate over the bill must still be processed in both legislative houses, the Senate and the House of Repre - sentatives, and this is expected to occur during 2025. Types of Divorce In Brazil, two types of divorce are currently allowed: • the extrajudicial or administrative route, which is always consensual; and • the judicial route, which may be consensual or litigious. Extrajudicial or administrative divorce The extrajudicial divorce is processed before any notary public, by means of a public deed. There is no requirement for a prior period of separation or any other mandatory procedure. The requirements are:
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