Frequently asked questions

It depends on the content of the decision. A consensual divorce that only dissolved the marriage (with no dispute over children, support or property) can be recorded directly at the Civil Registry Office, under Art. 961, §5 of the Code of Civil Procedure and CNJ Provimento 149/2023. Contested divorces, or divorces that decided on custody, support or property division, require a recognition action before the STJ.

It is the action, within the exclusive jurisdiction of the STJ, that gives a foreign court decision effect within Brazil. The STJ does not retry the merits: it only checks formal requirements (competent authority, proper service, finality, official translation) and the absence of any breach of public policy, sovereignty and human dignity.

Direct recording is an administrative procedure carried out at the registry, with no court proceedings, reserved for purely consensual divorces. Recognition is a court procedure before the STJ, required for all other cases. Direct recording is faster and simpler; recognition is mandatory where there was a dispute or a decision on children, support or property.

Direct recording usually takes 2 to 6 weeks once the paperwork is ready. Recognition by the STJ takes from a few months, where the request is consensual and uncontested, to more than a year, where there is an objection and judgment by the Special Court.

As a rule: a full copy of the foreign judgment, proof that it is final, a Hague apostille (or consular legalisation) on each document, a sworn translation of everything in a foreign language, a power of attorney with specific powers (apostilled if signed abroad) and identity documents. In contested cases, also proof of proper service on the respondent.

Fees are set case by case and presented together with a written scope and the steps, in a private conversation — never in a public channel. Beyond fees, there are third-party costs that do not pass through the practice: STJ court fees (for recognition) or registry fees (for recording), sworn translation charged per page, and apostilling in the country of origin.

It is a stamp or certificate that authenticates the origin of a public document for use in another country party to the Hague Apostille Convention, in force in Brazil since 2016. The foreign document must be apostilled in the country where it was issued. For countries not party to the Convention, legalisation by the Brazilian consulate is used instead.

No. The whole procedure can be conducted under a power of attorney, with documents sent by email in PDF. A power of attorney signed abroad must be apostilled. Service is provided online.

Yes, but the defence is limited. Under the STJ's Internal Rules, an objection may only address the authenticity of the documents, the understanding of the decision and compliance with the legal requirements. The merits of the case already decided abroad cannot be reopened.

The interested party asks the STJ to issue the enforcement order (carta de sentença). With it, the divorce, marriage or death is recorded at the civil registry (if the act took place abroad and is not yet registered in Brazil, it is transcribed first).