Family Law in Brazil

Family Law in Brazil governs many aspects of daily life such as marriage, divorce, the upbringing of children, and the legal responsibility of their wellbeing as well as matters that refer to the division of property in families.

Our law firm in Brazil specializes in many areas of law and Family Law is one with which our attorneys can assist you. We offer legal guidance and court representation, as needed, in divorce cases, child custody and relocation, prenuptial agreements, and many other matters. Our team is one that also handles international cases, those that have a Brazilian connection, such as marriage and divorce between a Brazilian and a foreign national. 

We briefly outline a number of matters concerning Family Law in Brazil in this article as well as the solutions that our team of Brazilian lawyers can offer in connection to these issues. For more in-depth information as well as answers to any particular questions, we encourage you to reach out to our attorneys. Please contact us if you have any questions regarding the steps for immigration to Brazil. 

What are the main legal resources concerning Family Law in Brazil?

Several legal resources are relevant and make up the provisions that can be collectively referred to as the the Family Law in Brazil. These include the following:

• • The Federal Constitution: with reference to individual and collective rights, marriage, societies and families, etc.;
• • The Civil Code: with information about succession, property systems, the separation of properties and others;
• • The Child and Adolescent Statute: containing important information on the fundamental rights of children and adolescents;
• • The Statute of the Elderly: a senior’s right to freedom, respect, dignity, health and other rights;
• • The Civil Procedure Code: civil procedural rules, fundamental rules of the civil process, etc.

Our attorneys in Brazil can help you with detailed information about the legislation in force. 

What are the general principles treated in the Family Law in Brazil?

Some of the most important issues that are included in the Family Law and with which our team of lawyers in Brazil can help you are the following:

1. Marriage: on the civil marriage, its recognition as well as the rights and duties of men and women in their conjugal union;
2. Divorce: the grounds for divorce, the manner in which the marriage can be dissolved;
3. Children issues: the rights and the responsibilities of the parents post-separation, the legal responsibility for the wellbeing of the children and other issues such as adoption;
4. The division of property: the separate property system, the community property system, and the manner in which these dictate the division of assets post-divorce.

These are only some of the issues for which our team can provide complete legal guidance and representation in court, as needed. 

In most cases involving family disputes, the parties wish to negotiate or even mediate to avoid taking their case to court. Our team can assist you during this process and will provide ongoing, reliable legal guidance. 

Those who are interested in knowing information about projects that concern Family Law information, as well as specific issues, can ask our lawyers more details about the Brazilian Family Law Institute. This institution aims to develop essential knowledge about the Family Law throughout Brazilian families. They are involved in various projects that concern adoptions, sexual diversity, and succession, among others. Our lawyers can provide you with other services in addition to providing you with information about family law in Brazil. For example, if you are looking for legal assistance in applying for residency in Brazil, our immigration attorneys can help. You will be able to apply for residency without any unnecessary delays with the help of our lawyers, and expert legal support will also reduce the chances of your application being rejected.

How can our team of lawyers in Brazil assist you?

Our lawyers have extensive experience in Family Law in Brazil issues and can help you if you are just filing for divorce if you need assistance for foreign marriage recognition in Brazil as well as when you need to handle complex matters such as the custody of the children after divorce or international adoptions in Brazil.

Population statistics are provided by the IBGE regularly. The data indicates the following:

• divorces are remarriages have increased over the tears, with a notable increase appearing in 2011, an increase of 45,6% compared to 2010;
• there was a decline in total civil marriages between 2017 and 2018 of 1.6%;
• despite this decrease, same-sex marriages increased by 61.7% between 2017 and 2018.

If you would like to know more about marriage, divorce, or the treatment of children, please contact our law firm in Brazil. Our family and civil lawyers can assist you with various issues and you can reach out to us to schedule an appointment as needed. Furthermore, if you are planning to apply for citizenship in Brazil, the services of our immigration lawyers are at your disposal. There are no restrictions on the number of nationalities. But multiple nationalities may limit your ability to assert certain rights, such as requests for consular assistance when you are already considered a local. To learn more, get in touch with our attorneys.