‎Brazil Family Lawyer – Complete Guide

Introduction

Brazilian family law balances civil‑law codification with evolving social norms, offering marriage equality, child welfare, and women’s rights protections. A Brazilian family lawyer guides clients through matrimonial regimes, asset division, and cross‑border procedures to safeguard personal interests.

Marriage and Matrimonial Regimes

Couples choose community property, partial community (default), separate property, or participation in acquisitions. Lawyers draft prenuptial agreements (pactos antenupciais) notarized and registered at the Real Estate Registry.

Divorce Procedures

Brazil offers consensual divorce at notary offices for childless couples and judicial divorce for contested matters. Counsel negotiates property split, alimony, and pension division.

Child Custody and Support

Shared custody is a default under Law 13.058/14. Attorneys structure parenting plans and calculate child support via income percentages and expense evidence.

International Child Abduction

Brazil is a Hague Convention signatory. Family lawyers file return petitions before the Federal Courts and liaise. With the Central Authority.

Adoption and Assisted Reproduction

National adoption prioritizes Brazilian residents, with international adoptions vetted by CEJA. Legal counsel navigates IVF embryo ownership contracts and donor anonymity rules.

Domestic Violence Protections

Maria da Penha Law grants urgent protective measures. Attorneys secure restraining orders within 48 hours and coordinate criminal complaints.

Elder Law and Guardianship

Interdiction actions appoint curators for incapacitated elders. Lawyers manage power‑of‑attorney and medical directives.

LGBTQIA+ Family Rights

Since 2013, same‑sex marriage has enjoyed equal rights. Counsel registers co‑parent adoption and manages surrogacy arrangements.

Estate Planning and Succession

Forced heirship reserves 50 % to descendants/spouse. Lawyers draft wills, usufruct clauses, and offshore trusts compatibility.

Cross‑Border Marriages

Foreign judgments require STJ homologation. Attorneys secure apostilles, sworn translations, and registry annotations.

Tax Implications

ITCMD on inheritance up to 8 %. Lawyers plan donations inter vivos, usufruct retention, and life insurance payouts.

Real Estate in Divorce

Asset partition deeds transfer property; ITBI exemption applies on divorce division.

Citizenship by Marriage

If residing in Brazil, spouses may apply for naturalization after one year of marriage.

Cohabitation and Stable Unions

Unregistered união estável grants property and pension rights. Lawyers draft cohabitation agreements to define asset sharing.

Name Changes

Civil Registry permits surname changes post‑divorce or for gender identity. Counsel handles judicial petitions.

Common Pitfalls

Unregistered prenups, informal custody swaps, ignoring pension division, and delaying STJ homologation.

Role of a Family Lawyer

Provides mediation, litigation, document translation, and psychological referral networks for amicable resolutions.

Future Trends

Digital divorce hearings, AI asset valuation, and LGBTQIA+ parentage reforms.

Conclusion

Partnering with a Brazilian family lawyer ensures compliant, compassionate resolutions, safeguarding familial stability.

Frequently Asked Questions

Q: Can foreigners marry in Brazil?
A: Yes, with a passport, birth certificate, and proof of marital status translated and apostilled.

Q: Is a prenuptial agreement mandatory?
A: Only if choosing a regime other than partial community property.

Q: How long does a consensual divorce take?
A: Notary divorce completes in 1–2 days.

Q: Are same‑sex adoptions allowed?
A: Yes, Brazilian courts grant equal adoption rights.

Q: What is the alimony percentage?
A: Varies; typically 10–30 % of payer’s net income.

Q: Can child support be dollar‑indexed?
A: Yes, if justified for international expenses.

Q: Is joint custody mandatory?
A: Yes, unless proven harmful to the child.

Q: Do I need court approval to travel abroad with a child?
A: Yes, from another parent or judge for minors.

Q: What taxes apply to inheritance?
A: State ITCMD up to 8 % of asset value.

Q: Can a will disinherit a child?
A: Only for legal causes like abuse.

Q: How to enforce a foreign divorce?
A: Obtain STJ homologation, then annotate the civil registry.

Q: Is the domestic violence claim public?
A: Proceedings can be confidential to protect the victim.

Q: Do embryos have inheritance rights?
A: Frozen embryos are not considered heirs until they are implanted.

Q: What is a stable union proof?
A: Shared bills, witness statements, and cohabitation period.

Q: Can a minor refuse visitation?
A: The court evaluates the child’s best interest but may adjust the schedule.

Q: Are online marriages recognized?
A: Only if formalized under Brazilian civil registry procedures.

Q: Can the surname order change?
A: Yes, via a simple registry petition post‑2022 reform.

Q: Is surrogacy legal?
A: Altruistic surrogacy is allowed under the Federal Medical Council rules.

Q: What if the spouse disappears?
A: Presumed death action allows asset division after a legal waiting period.

Q: Are pet custody disputes recognized?
A: Courts increasingly treat pets as family, granting shared custody.

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