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Private international law defines which law applies, which authority has jurisdiction and what must be done for a foreign act to have effect in Brazil. For those with roots in Benedito Novo - SC and a life abroad, this definition comes before any practical step, because it determines whether the route is the registry office, the STJ or a Brazilian court.
Registry and notary fees follow the state inspectorate's table and are updated periodically. Confirm the current amounts before any notarial or registry act.
The work is defined according to the documents, the risks and the client's goal.
Divorce in Brazil for those living abroad
Representation of an heir living outside the country
Consular registration and transcription of a marriage certificate
Transcription of birth and death certificates issued abroad
Paternity acknowledgment and paternity suits with a party abroad
Probate in Brazil of assets of a deceased person domiciled abroad
Consular and apostilled powers of attorney for acts in Brazil
Direct annotation of a foreign uncontested divorce at the registry office
Sale and regularization of property in Brazil by those living abroad
Recognition of a foreign judgment by the STJ
Apostille and sworn translation of documents
The field of international law covers legal situations connected to Brazil and another country. See the most requested international law services in Benedito Novo, Santa Catarina.
The property regime does not automatically follow the law of the country of the ceremony. Art. 7, §4, of the Law of Introduction to the Norms of Brazilian Law provides that the regime follows the law of the spouses' domicile and, if different, that of the first marital domicile. The consequence appears years later, in the division of assets or probate, when it is discussed what was common and what was separate property.
A simple uncontested divorce, which only dissolves the marriage, goes directly to the Civil Registry where the marriage was transcribed or registered, by annotation governed by the National Code of Rules of the National Inspectorate of Justice. A contested divorce, and a qualified uncontested one that deals with custody, support or division of assets, still depends on recognition by the STJ. The judgment may be recognized in parts.
Assets located in Brazil are probated in Brazil. Art. 23, II, of the Code of Civil Procedure gives the Brazilian authority, to the exclusion of any other, jurisdiction over probate and division of assets located here, even if the deceased was a foreigner or domiciled abroad. Property in Benedito Novo owned by someone who died in another country is therefore not resolved by the foreign decision: it requires a Brazilian proceeding.
The alternative of divorcing in the country of residence has a consequence: the foreign judgment will later need to be annotated or recognized in Brazil to be valid here. Comparing both routes before starting avoids doing the same procedure twice, in two countries, with two costs.
The child of a Brazilian born abroad is registered at the competent Brazilian consulate, and the consular certificate is then transcribed at a Civil Registry in Brazil. Transcription is what allows the record to have full domestic effect, including issuing documents, school enrollment and inheritance matters.
A document issued in a country that is party to the Hague Convention needs an apostille affixed in the country of origin to be accepted in Brazil, plus a sworn translation into Portuguese. A Brazilian document to be used abroad follows the reverse path, with an apostille from an authorized registry office in Brazil. Non-signatory countries follow consular legalization, which is slower.
Hiring an international law attorney is a decision of trust and involves foreign documents, deadlines and difficult decisions. Our credibility starts from the first contact. Here the whole history and the documents are centralized so that you know, at each step, what has been done and what comes next. See some good practices for hiring a lawyer in Benedito Novo.
Send a summary of the situation and the goal you want to achieve.
The team indicates which records are relevant for the initial assessment.
Once the situation is understood, the applicable legal routes are explained.
Based in the state of Rio de Janeiro, CK Advogadas serves clients in Benedito Novo by digital means, with the care needed to understand documents, risks and goals.
The work may involve preventive measures, negotiations, out-of-court procedures and lawsuits, depending on the particulars of the situation.
Below are the most frequent questions about international law. They are general guidance and do not replace a reading of your case. An international law attorney in Benedito Novo can carry out this individual analysis.
An untranscribed marriage and an unannotated divorce block probate, the sale of property and a new marriage. Resolving it early avoids urgency later.
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