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Direct recording or STJ recognition? How to tell which applies to you
A purely consensual divorce goes straight to the registry. A divorce with children, support, property or a dispute needs the STJ. A guide to identifying your route.
This is the most common question from people who divorced outside Brazil. The good news: there is an objective test.
The question that decides everything
Did the foreign divorce decide only the dissolution of the marriage, by consent?
- Yes → most likely direct recording at the registry.
- No (there was a dispute, or the proceedings decided on custody, contact, support or property division) → recognition by the STJ.
Route 1 — Direct recording
Legal basis: Art. 961, §5, of the Code of Civil Procedure and CNJ Provimento 149/2023.
- It is an administrative procedure, carried out at the Civil Registry Office.
- There are no court proceedings.
- A lawyer is not mandatory, but helps avoid requirements and rejections.
- Typical timeline: 2 to 6 weeks once the paperwork is ready.
It applies to a purely consensual divorce: both parties in agreement, dissolving the bond only, with no minor children in dispute, no support and no property division decided in the judgment.
Route 2 — Recognition by the STJ
Legal basis: Arts. 960 to 965 of the Code of Civil Procedure and Arts. 216-A to 216-N of the STJ’s Internal Rules.
- It is court proceedings before the Superior Court of Justice.
- A lawyer is mandatory.
- The Federal Prosecution Service gives an opinion.
- Typical timeline: a few months (consensual) to more than a year (contested).
It is mandatory where the divorce was contested, or where the foreign judgment decided on custody, contact, support or property division — even by consent.
The grey area: a consensual divorce that also divided property
Here registries disagree. Some record the dissolution of the marriage directly and require STJ recognition only for the property or support clauses. Others refuse direct recording altogether. Reading your certificate and the practice of the competent registry decide the strategy.
Quick table
| Direct recording | Recognition by the STJ | |
|---|---|---|
| Divorce | Purely consensual | Contested or with children/support/property |
| Where | Registry | STJ |
| Lawyer | Recommended | Mandatory |
| Timeline | 2–6 weeks | Months to more than a year |
When in doubt, send me your divorce certificate — within a day or two I will confirm which route applies.
