Rio de Janeiro
Av. Presidente Wilson, 231 / Salão 902 Parte - Centro
CEP 20030-021 - Rio de Janeiro - RJ
+55 21 3942-1026
1. Marriage and Stable Marriage
It should be noted that family law draws up the institutes of marriage and common-law marriage, as well as guaranteed by the Federal Constitution of 1988, through article 226. The main difference between marriage and common-law marriage is configured in the formation of the legal bond. To carry out a wedding, formalization is required before the Civil Registry Office, through the authorization for the wedding, consisting of presentation of documents and publication of banns. A stable union, on the other hand, is made official by a justice of the peace, with the presence of witnesses.
It should also be clarified that the Rio de Janeiro, São Paulo and Brazilian Civil Code provides in detail on each of the institutes: marriage (article 1511 and following) and stable union (article 1723 and following). Our lawyers in Rio de Janeiro, São Paulo and Brazil are ready to prepare your stable union or marriage.
Marriage through Power of Attorney for our lawyers in Rio de Janeiro, São Paulo and Brazil
Our Family Law Lawyers in Rio de Janeiro, São Paulo and Brazil can assist you in establishing your marriage through Power of Attorney wherever you are in the world.
2. Annulment of Marriage
It should be clarified that the annulment of marriage consists in the revocation of the marital status of the spouses to single status, as if their status had never been changed. In this case, as the annulment of the marriage has an ex nunc effect, it will take effect until the date of declaration of annulment, even if it is annulled, in addition to being subject to ratification.
Annulment of marriage has relative nullity, that is, it can only be requested in cases provided for by law, such as cases where the marriage is celebrated in an irregular manner. It is worth highlighting the hypotheses of annulment of marriage, provided for in the items of article 1550 of the Brazilian Civil Code: for those who have not completed the minimum age for marriage; minors of marriageable age, when not authorized by their legal representative; by vice of will, under the terms of arts. 1,556 to 1,558; of the incapable of consenting or manifesting, unequivocally, consent; performed by the agent, without him or the other contracting being aware of the revocation of the mandate, and there is no cohabitation between the spouses; by incompetence of the celebrating authority.
Furthermore, the annulment is only given through a legal action, and must be proposed within a period of 180 (one hundred and eighty) days, counting: from the moment the minor completes the marriageable age, when not authorized by his representative legal (the action must be proposed by the minor himself, when it ceases to be one) or from the date on which the marriage was celebrated, and the action must be proposed by the ascendants or legal representative. Our marriage annulment lawyers in Rio de Janeiro, São Paulo and Brazil are ready to prepare your common-law marriage or marriage.
3. International Divorce
This may be your first divorce, but it is not ours. ALVES JACOB LAW FIRM provides legal assistance to dissolution of marriages whether through annulment or divorce. We can help to get divorce process less stressful and garantee that your legal rights will be protected. Our Law Firm will initiate the process in Brazilian Justice to terminate your marriage, we also assist in recognition in Supreme Brazilian court to validate you divorce here in Rio de Janeiro, São Paulo and Brazil. Family cases are extremely sensitive; we strive to make the transition smooth for you and your family. Paying attention to how extremely difficult it is to go through a divorce; we assist where both parties mutually agree to dissolve their marriage or where the divorce is contentious.
Our Family, Divorce & Civil Lawyer in Rio de Janeiro, São Paulo and Brazil use to dealing with easy or difficult divorce cases and unique family matters. We are here to resolve the dispute you may have with your spouse or husband. We will work with you to achieve a negotiated settlement wherever possible. We also have qualified collaborative law practitioners who can assist in this very specific process of dispute resolution. If a negotiated settlement is not possible, we litigate. Marriages come and go, but Divorce is forever!
Divorce is the legal instrument by which the marriage bond is broken, that is, it ends the marriage, with this, the individual gains the status of divorced (a) diverging from the institute of annulment of marriage, where the individual returns to the status single. It should be noted that the spouse is allowed to join the process for the simple fact of not wanting to remain in the marriage, not needing a specific reason, as in the case of marriage annulment.
In addition, divorce can be carried out extra judicially, without the need to go to court, however, it must be consensual, the couple must not have underage or incapable descendants, there must be no pregnancy, and it will be necessary the accompaniment of a lawyer.
However, in cases where the requirements for notarial divorce are not present, even with the consent of both spouses, it is necessary to file a lawsuit. However, if there is no agreement between the parties, a litigious legal divorce will occur, which is a much more time-consuming and tiring process from a practical point of view. Our divorce lawyers in and Rio de Janeiro, São Paulo and Brazil are ready to prepare your divorce.
4. Keeping pets
It is evident that, because many families have pets and consider them as family members, legal guardianship regarding how their custody would be in cases of dissolution of the matrimonial relationship or stable union is necessary.
However, it is worth clarifying that, currently, there are no provisions in the Brazilian legal system on this topic, and therefore, to resolve cases of custody of pets in divorce situations, the Judiciary must use analogy, customs, principles, and even even jurisprudence, in order to resolve disputes. Furthermore, it is worth noting that animals have the legal nature of movable property and, pursuant to article 82 of the Brazilian Civil Code, are subject to custody.
The Superior Court of Justice, in the judgment of Special Appeal 17131674, concluded that it is possible to regulate visits to pets after the dissolution of the common-law marriage. According to the Minister Rapporteur Luís Felipe Salomão: "(...) I think that the order juridical cannot simply despise the importance of the relationship between man and his pet - especially in the times in which we live - and deny the right of ex-consorts to visit or have their dog with them, enjoying their coexistence, at least for a lapse of time"
In view of the increase in demands involving the issue in question, Bill No. 542/186 is currently being processed in the Federal Senate. The same aims to change the Code of Civil Procedure, in order to create rules on shared custody of animals in cases of dissolution of marriage or stable union.
Finally, it is worth highlighting Statement No. 11 of the Brazilian Institute of Family Law: "In an action aimed at dissolving a marriage or a stable union, the judge may discipline the shared custody of the couple's pet." That is, for the judge to be able to properly resolve cases of shared custody of pets, it is necessary that there are rules that provide for the right of the pet in situations of divorce and common-law marriage, in order to ensure the satisfaction of needs and the well-being of the owners, as well as the animals themselves. Our Pet Guard lawyers in Rio de Janeiro, São Paulo and Brazil are ready to prepare your common-law marriage or marriage.
5. LGBTQIA+ Family Law and Homoaffective Union
Initially, it should be clarified that Homoaffective Law is a new area of family law, which aims to satisfy the rights of individuals who are part of the LGBTQIA+ community.
Although the Brazilian Federal Constitution does not yet provide for the same-sex family, in September 2019, the Federal Supreme Court unanimously concluded, in the judgment of Direct Action of Unconstitutionality No. 4.277, that Law No. 6.160 of the Federal District, which establishes public policies for families, the same-sex union within the scope of family entities cannot be disregarded, given that the law in question defined as a family activity only the nucleus formed from the stable union or marriage between a man and a woman. According to Minister Alexandre de Moraes: "When the norm provides for the establishment of guidelines for the implementation of a public policy to value the family in the Federal District, those family entities formed by same-sex unions must also be taken into account".
Furthermore, it is worth clarifying that the Federal Supreme Court opted to withdraw from the Civil Code any interpretations that make it impossible to recognize a same-sex union as a family, with the same rights as the union of people of the opposite sex.
Despite the position of the Federal Supreme Court, it is necessary that the legal protection of same-sex families be also introduced in the constitutional scope, through an amendment to the constitution to include the same-sex union as a family entity. Our LGBTQIA+ + rights lawyers in Rio de Janeiro, São Paulo and Brazil are ready to prepare your gay marriage or LGBTQIA+ marriage.
6. Prenuptial and postnuptial agreement
It should be noted that the prenuptial agreement, provided for in articles 1.653 of the Civil Code et seq., is the contract entered into by the couple in order to establish the property regime that will be in force during the marriage. It must be carried out at the Notary Public's Office, and then registered at the Real Estate Registry Office. However, its validity depends on the completion of the marriage.
Some of the reasons why couples choose to enter into a prenuptial agreement are when there are children from another marriage, when the couple does not want the partial property regime, when the spouses choose to create exclusive clauses, provided that in accordance with the law, among others.
The post-nuptial pact, provided for in article 734 of the Code of Civil Procedure, consists of choosing a new property regime for formalized marriages or stable unions. In this case, the spouses can change the property regime defined by the prenuptial agreement, or determine a regime, given that they have not previously chosen it.
Our Prenuptial and Postnuptial Pact lawyers in Rio de Janeiro, São Paulo and Brazil are ready to prepare your document and guarantee all your rights.
The alimony is an amount defined by the judge, to be paid to the children (until they reach the age of majority, or if they are studying, but without conditions for (until the age of 24), ex-spouse and ex-partners so that their basic maintenance and survival needs are met. Although it can be deduced, from the nomenclature, that the alimony covers only food, it may cover other costs, such as health, education, among others.
Furthermore, it should be clarified that alimony must be fixed in proportion to the need of the person claiming it and the resources of the obligated person, in accordance with the first paragraph of article 1.694 of the Civil Code. Our child support lawyers in Rio de Janeiro, São Paulo and Brazil are ready to prepare your document and guarantee all your rights.
8. Alimony for ex-spouse/partner
It should be noted that, in the course of marriage, the spouses have a duty to provide mutual assistance. However, when the marriage or common-law marriage is terminated, if any of the parties is unable to perform a work function or does not have the necessary resources for their own subsistence, there is the possibility of requesting alimony from the former spouse who has better conditions economic, in accordance with the provisions of article 1694 of the Civil Code.
In general, alimony for an ex-spouse or ex-partner is granted to women who, due to marriage or a stable union, were left out of the labor market. However, the pension will only be due for a period, until the woman is able to stabilize financially.
There are other cases, where the woman has dedicated her life to domestic life and to taking care of the children, causing the judge to establish a lifetime pension for her.
Finally, it is worth adding that the right in question also belongs to men, or in same-sex relationships, although the number of cases is limited, given that, despite the fact that women are increasingly occupying an important role in the work sectors, there are many women who still live in accordance with the historical and social construction, abandoning the labor market to dedicate themselves to domestic life, thus, the man, the only provider in the family. Our alimony lawyers for spouses in Rio de Janeiro, São Paulo and Brazil are ready to prepare your document and guarantee all your rights.
9. Recognition of paternity
It should be noted that the recognition of paternity is the procedure to formalize the affiliation of a person, for being a biological descendant of another individual, and, therefore, bringing all the guarantees and obligations of Law resulting from the proof. The same is formalized before the Civil Registry of Natural Persons official.
Brazilian legislation presents two forms of recognition of paternity, these being voluntary and forced, also called judicial recognition. According to article 26 of the Statute of the Child and Adolescent: "Children born outside of marriage may be recognized by the parents, jointly or separately, in the term of birth itself, by will, by deed or other public document, whatever it may be. The origin of parentage."
The voluntary recognition, regulated by Law nº 8.560/92, the father or mother expresses the will to recognize their descendant, through public deed or will, before the Notary Public or private instrument. Furthermore, it should be clarified that it is irrevocable, and, in order to occur, it needs the consent of the other parent of the recognized parent (over 21 year’s old and under 21 years old).
Judicial recognition, on the other hand, is an exclusive act of the State to investigate paternity and declare the defendant to be the plaintiff's father or mother, and is independent of their will. In cases of minor children, the other parent can appear at the Civil Registry Office, indicating the mother or alleged father of their child. In the case of children of legal age, they may appear at the Civil Registry Office in order to fill out a form indicating the alleged father or mother, and presenting their birth certificate.
It is evident that the vast majority of cases of recognition of paternity are fathers who abandon their children, leaving the woman alone and financially helpless.
Finally, it is worth adding that the provision regarding the recognition of paternity is present in Law nº 8.560/92. Our Paternity Recognition Pensions lawyers in Rio de Janeiro, São Paulo and Brazil are ready to assist you and guarantee all your rights.
10. International Parental Abduction
The International Parental Abduction of children are cases where one of the parents, for reasons of lack of control generated by the separation or divorce, takes the couple's child to their country of origin or to any other country, without the consent and against the will of the other parent .
Aiming at reduce The Hague Convention on the Civil Aspects of International Child Abduction, accepted by the Brazilian legal system through Decree No. 3,413 of 2000.
The Decree in question aims to protect the child, "on an international level, from harmful effects resulting from a change of domicile or unlawful retention and to establish procedures that guarantee the immediate return of the child to the State of his habitual residence, as well as to ensure the protection of the visiting rights." It should also be clarified that the country of habitual residence of the child would be the one in which the child resided for a continuous period.
Finally, it should be noted that any person, institution or body that deems that a child has been removed, by a parent, from their habitual residence, without the consent of the other parent, might report the case to the competent authority. Our International Parental Abduction lawyers in Rio de Janeiro, São Paulo and Brazil are ready to assist you and guarantee all your rights.
11. Domestic Violence
Domestic violence is any aggressive behavior, which can be physical, verbal or psychological to the person who is part of a family or cohabitation relationship, in your home. The most frequent cases of domestic violence are against women, children, the disabled and the elderly, that is, groups of greater vulnerability, and all of these have provisions in the legal system, in order to regulate the system of guaranteeing the rights of these groups, such as for example, the Maria da Penha Law, the Elderly Statute, the Inclusion of Persons with Disabilities Law and the Children and Adolescents Statute.
Finally, it is noteworthy that all these violence, physical or psychological, are very serious factors in the lives of victims, given that many develop psychological problems, phobias, post-traumatic stress, and self-mutilation, among others. Complaints in police stations of these cases, aiming at the due criminal responsibility of the aggressors. Our domestic violence lawyers in Rio de Janeiro, São Paulo and Brazil are ready to assist you and guarantee all your rights.
Brazil is a gorgeous South American country, which embodies cultures and traditions with its rich and vast landscapes. With over 180 million calling it home, Rio de Janeiro, São Paulo and Brazil represents diverse racial backgrounds including Portuguese, African American, European and indigenous American. Brazil is also known for being one of the best tourist destinations around the world.
13-Restraining Order Lawyer
A restraining order, or order of protection, is passed in order to combat the cases of physical abuse and threat of abuse. The order can provide much needed peace of mind for those victims of domestic violence (or anyone who is targeted by violence). Either family or criminal courts, depending on the circumstances, can order orders of protection.
Order of Protection & Family Law Attorneys
Family court is a civil court. When filing for an order of protection with these courts, the person applying for the order of protection is known as the petitioner. The person against whom the order of protection is sought is known as the respondent. Applications for an order of protection can be done if you are legally married to, divorced from, or separated from the abuser, if you are related to the abuser by blood or marriage, if you have a child in common with the abuser, or if you are/were in an intimate relationship with him/her (including same-sex partners). Even if the abuser has committed a crime against you and you have an order of protection from criminal court, you can still go to family court with your Rio de Janeiro, São Paulo and Brazil divorce Lawyer to apply for an order of protection since both courts have coordinated jurisdiction.
Av. Presidente Wilson, 231 / Salão 902 Parte - Centro
CEP 20030-021 - Rio de Janeiro - RJ
+55 21 3942-1026
Travessa Dona Paula, 13 - Higienópolis
CEP -01239-050 - São Paulo - SP
+ 55 11 3280-2197