‎Lawyer Specialist in Marriage Between Brazilians or Involving Foreigners

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The legal union of a couple as spouses. The basic elements of a marriage are: (1) the legal capacity of the parties to marry, (2) the mutual consent of the parties, and (3) a marriage contract as required by law.

When contracting marriage in Brazil, it is important to know the requirements and procedures to be followed before carrying out such a procedure. Here at ALVES JACOB LAW FIRM we advise you on the necessary steps to legally formalize your relationship. Be of age. Otherwise, you must be an emancipated minor. In the case of having a marriage bond prior to this one, it must have been dissolved. When both contracting parties and one of them was previously married, you must present a certificate of the previous marriage, together with the note of dissolution of the relationship. Likewise, if you are a widower, you must present the death certificate of the deceased spouse. If the foreign citizen is divorced, he must present the literal marriage certificate of his previous union with the registration of the divorce of the same.

Nowadays it is common for couples to decide to get married and for one of the members of the couple to be a foreigner and the other Brazilian. It may happen that these marriages are between foreigners residing in Brazil or between a Brazilian and a foreigner, there are several possibilities.

This type of marriages are mixed marriages and must be processed differently from the more traditional marriages between a Brazilian couple, in these cases before celebrating the bond it is necessary to gather and present a series of documents.

If you wish, our lawyers for marriages between Brazilians or involving foreigners can take care of these procedures before the marriage and thus process the corresponding file involving:

Choice of matrimonial regime (community reduced to acquisitions, separation of property, universal community)

Drafting of the marriage contract (with the assistance of the Notary);

International weddings;

Donations between spouses;

Tax and social implications of marriage;

Rights of the surviving spouse;

In the event that one of the members of the couple is divorced, the certificate of the previous marriage must be presented together with the corresponding divorce decree.

Our marriage lawyers in Brazil will verify that you have everything you need to present it so that you can start the legal procedure so that you can get married. The foreign spouse will become a member of the family of a Brazilian citizen from the moment of marriage, and will therefore have the right to permanent residence in Brazil.

There may be several possibilities, if you need help just contact our office and we will study your case to provide you with real solutions so that you can marry like any Brazilian citizen.

PERMANENT VISA LAWYER AND BRAZILIAN NATIONALITY BY MARRIAGE

Foreigners married to Brazilians will acquire Brazilian nationality after staying one year in Brazil with legal residency. This residence must be continuous and prior to the application for nationality.

Can I get married online? What is a marriage by proxy?

While you can often apply for your marriage license online, you cannot (as of now) get married online. If the future spouses cannot be physically together to get married, they can get married by proxy in Brazil. A proxy marriage occurs when one or both of the marital parties cannot attend the ceremony in person. Obtaining a legal marriage by proxy can be a challenge. You may benefit from working with an attorney familiar with the laws of proxy marriage in Brazil to help ensure that your marriage is valid.

Can you get a prenuptial agreement after you are married?

Yes, you can. It has called a postnuptial agreement. It is the same as a Prenuptial Agreement; it is only called that because it is signed after the wedding ceremony and not before. Whenever you decide to make your deal, it is best to do so when your relationship is on good terms and you can both support each other's needs. Prenuptial agreements are becoming more and more common as many are choosing to marry later in life after they have accumulated some assets.

Reasons for getting a prenuptial or postnuptial agreement: You can set how assets can be divided instead of state; To protect retirement investments, especially if one of the spouses is much older; To protect family inheritances of children from previous relationships; To separate debt that is not shared; Your business partnership agreement may require it; To protect income if income fluctuates widely

Limitations of the prenuptial agreement:

Prenuptial Agreement cannot be used to determine custody of children; cannot be used to waive alimony: cannot include divorce incentives; may be proven invalid if signed under duress. They should not be used to describe things like where vacations are taken. Marriage is an exciting time. Caught up in planning the big day, couples often do not consider how their legal obligations to each other will change when they get married.

Increasingly, our clients seek to prepare agreements to give them more certainty about their financial rights and obligations if their marriage ends.

If you are planning to get married (or enter into a civil partnership), you may want to consider asset protection or determine the financial terms of separation in the event that your relationship ends upon entering into a prenuptial or prenuptial partnership agreement. . The agreement may also address financial, tax and succession planning.

If you are already married, you may want to consider entering into a postnuptial agreement to settle the financial terms of any separation. This step can be particularly important for couples who are moving to or outside Brazil and wish to link the outcome of any divorce to the laws of their home country.

We have extensive experience in preparing, negotiating and advising on pre and post-nuptial agreements. We give clear and effective advice about the law, but we are sensitive to the emotional difficulties associated with the process.

Our marriage attorneys work for a wide spectrum of people, including entrepreneurs who want to protect their business interests, families who want to protect inherited wealth, those who marry wealthy individuals and couples with international connections. Based on our experience, we have answered some frequently asked questions to help you.

LAWYERS SPECIALIZED IN MARRIAGE IN BRAZIL

The ALVES JACOB LAW FIRM office brings together lawyers specialized in family business law. This field requires in-depth and regularly updated legal knowledge and relational and psychological skills to deal with the emotional aspect and usually plays an important role.

According to the law, marriage is a legal act. It includes commitments on the part of the spouses on a personal level (community of life, fidelity, assistance) and on a material level (contribution to the marriage expenses).

The choice of matrimonial regime is very important because it will condition the acquisition and management of the couple's assets during their lifetime and their transfer after their death. There are different matrimonial regimes, which are established by marriage contract. If a marriage contract is not concluded, the legal regime of community property reduced to acquisitions applies.

Our lawyers can advise you and help you choose the right matrimonial regime for your situation.

 

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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