Complete guide
A divorce obtained abroad: how to make it valid in Brazil
Not every foreign divorce has to go through the STJ. The route depends on whether the divorce was consensual and simple, or involved children, support, property or a dispute.
Two possible routes
A divorce granted by a foreign authority does not automatically change your civil status in Brazil. Until it is recorded, you remain married in the eyes of the Brazilian civil registry — which prevents a new marriage here and affects property division, inheritance and the marital property regime.
There are two routes to regularise this, and the choice is not optional: it depends on the content of the foreign decision.
| Aspect | Direct recording | Recognition by the STJ |
|---|---|---|
| When it applies | Purely consensual divorce (dissolution only) | Contested divorce, or one with custody, support, property division |
| Where | Civil Registry Office | Superior Court of Justice |
| Nature | Administrative | Judicial |
| Lawyer | Recommended | Mandatory |
| Typical timeline | 2 to 6 weeks | A few months to more than a year |
| Cost | Lower | Higher |
| Legal basis | Art. 961, §5, CPC · CNJ Provimento 149/2023 | Arts. 960–965 CPC · Arts. 216-A to 216-N RISTJ |
Route 1 — Direct recording at the registry
Applies where the foreign divorce was consensual and dealt only with dissolving the marriage: no dispute between the parties and no decision on custody, contact, support or division of property.
In that case, Art. 961, §5, of the Code of Civil Procedure waives recognition. The entry is made directly at the Civil Registry Office, following CNJ Provimento 149/2023.
Step by step
- Confirming that the divorce is genuinely consensual and “pure”.
- Gathering the documents: the foreign divorce judgment/certificate, proof that it is final, the Hague apostille and a sworn translation.
- Organising the file in line with CNJ Provimento 149/2023.
- Submitting it to the registry with jurisdiction — the office holding the marriage record, or the 1st Civil Registry Office of the Federal District where the marriage was not registered in Brazil.
If the consensual divorce also dealt with property or support
Registries take different views on recording, directly, consensual divorces that also divided property or set support. In many cases the registry requires prior recognition by the STJ for those clauses. Reviewing your certificate settles this.
Route 2 — Recognition by the STJ
Mandatory where the divorce:
- was contested;
- decided on custody, contact or support for the children;
- ordered division of property;
- or where the registry refuses direct recording.
The case proceeds before the STJ and follows the requirements of Art. 963 of the Code of Civil Procedure (competent authority, proper service, finality, no conflict with a final Brazilian judgment, no breach of public policy, official translation).
Read the full STJ recognition procedure →
Documents (for both routes)
- Foreign divorce certificate / judgment (original or certified copy);
- Proof that the decision is final;
- Hague apostille on each document — or consular legalisation if the country is not party to the Convention;
- Sworn translation of everything in a foreign language;
- Up-to-date Brazilian marriage certificate;
- Power of attorney (apostilled if signed abroad);
- Identity documents and CPF (Brazilian taxpayer number).
Frequently asked questions
See also the full FAQ page.
Does my foreign divorce have to be recognised by the STJ?
Not necessarily. If the divorce was consensual and dealt only with dissolving the marriage (with no dispute over children, support or property), it can be recorded directly at the Civil Registry Office, with no STJ action, 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 recognition by the STJ.
How long does it take?
Direct recording at the registry usually takes 2 to 6 weeks once the paperwork is ready. Recognition by the STJ takes from a few months (consensual cases) to more than a year (contested cases).
Do I need to be in Brazil?
No. Both procedures can be conducted under a power of attorney, with documents sent by email. A power of attorney signed abroad must be apostilled.
Informational content, not legal advice. Every case must be assessed individually.
