Recognition of foreign divorce in Brazil: Why it is required before a new marriage

Imagine this situation: an American marries a Brazilian in the United States, goes through a divorce process there, and sometime later decides to marry another Brazilian. At first glance, everything seems settled, but when this new marriage needs to be registered in Brazil, a major legal issue arises: for Brazil, he is still married to his first wife. This happens because, under Brazilian law, a foreign divorce is only valid in Brazil after it has been recognized by the Superior Court of Justice (STJ).

What does recognition of a foreign judgment mean

Recognition of a foreign judgment is the process by which the Superior Court of Justice (STJ) validates a decision issued by a court outside Brazil. Without this recognition, the foreign decision has no legal effect in Brazil.

In the case of marriages and divorces, this is crucial. Even if someone is already divorced in the United States or another country, Brazil will still consider the marriage valid until the STJ validates the foreign judgment.

Why must a foreign divorce be recognized in Brazil

According to Brazilian law, until recognition occurs, the person is still officially married in Brazil. This means:

• The new marriage cannot be registered at a Brazilian civil registry office.
• Documents such as marriage certificates and birth certificates of future children may be affected.
• Property and inheritance matters may create legal conflicts.

Therefore, recognition is essential for the new marriage to be valid under Brazilian law.

The role of the STJ in this process

The Superior Court of Justice is the only body responsible for recognizing foreign judgments in Brazil. This is established in Article 105 of the Federal Constitution, which grants the STJ exclusive authority to recognize foreign decisions.

Once recognized, the foreign decision has the same value as a decision issued by a Brazilian court.

Step by step: recognition of a foreign divorce

The process involves several formal steps, but with the assistance of a specialized attorney it can be done entirely online:

1. Gathering documentation: the foreign divorce decree must be translated by a sworn translator into Portuguese and apostilled (Hague Convention).
2. Petition to the STJ: a licensed attorney in Brazil must file the recognition request.
3. Notification of the other party: if applicable, the ex-spouse may be summoned, though in consensual divorces this step is simplified.
4. STJ review: the court checks whether principles such as due process and the right of defense were observed.
5. Recognition: once approved, the divorce is legally valid in Brazil.

This process is fundamental to prevent future bureaucratic obstacles. If you are in this situation, it is highly recommended to speak now with a specialist attorney to start regularization.

Consequences of not recognizing a foreign divorce

If the divorce is not recognized, several complications may arise:

• Inability to remarry in Brazil, since the law does not allow bigamy.
• Difficulty registering children from the new marriage.
• Inheritance and property disputes, as Brazil would still consider the first spouse an heir.
• Property conflicts involving assets in Brazil.

In short, failing to obtain recognition may create serious legal consequences, impacting not only personal life but also financial matters.

Practical example: divorce in the US and new marriage in Brazil

Let’s revisit the initial example: an American marries a Brazilian in the US, gets divorced there, and wants to marry another Brazilian. Until the first divorce is recognized by the STJ:

• Brazil still considers the first marriage valid.
• The new marriage cannot be registered in a Brazilian civil registry.
• Any document dependent on that registration will be irregular.

Only after recognition will the individual be considered officially divorced in Brazil, making it possible to legally register the new marriage.

Documents required for recognition

The most common documents requested by the STJ are:

• Certified copy of the foreign divorce decree.
• Sworn translation of the decree into Portuguese.
• Hague Apostille or consular legalization of the document.
• Power of attorney for a licensed attorney in Brazil.
• Personal documents of the parties involved.

Depending on the case, the STJ may request additional documents. For this reason, legal guidance is essential to avoid delays.

How long does the recognition process take

The duration may vary, but on average the process takes 3 to 12 months. Consensual cases tend to be faster, while contentious ones may take longer.

With specialized legal support, it is possible to reduce the risk of rejection and speed up the process.

Difference between recognition at a notary office and at the STJ

It is common to wonder: why not recognize the divorce directly at a Brazilian civil registry office? The answer lies in the type of case:

• Notary office: may directly record divorces granted abroad only if both spouses are Brazilian, the divorce is consensual, and there are no minor or legally incapacitated children involved.
• STJ: required if one spouse is a foreigner, if the divorce is not consensual, or if minor children are involved.

In the example of an American and a Brazilian divorcing in the US, the procedure must necessarily go through the STJ.

Recognition and its practical impacts

More than a bureaucratic formality, recognition has real effects on people’s lives. For example:

• Legal certainty: ensures marital status is regularized in both Brazil and abroad.
• Validity of new relationships: allows the new marriage to be officially recognized in Brazil.
• Document regularity: avoids future problems in civil, inheritance, or property records.

It is a preventive measure that avoids much greater complications in the future.

FAQ - Frequently Asked Questions

Is a divorce granted in the United States automatically valid in Brazil?

No. A divorce obtained abroad only becomes valid in Brazil after being recognized by the STJ. Until then, the person is still considered married in Brazil.

Can I remarry in Brazil without recognizing my foreign divorce?

No. Without recognition, Brazil considers the previous marriage still valid, preventing the registration of a new marriage.

Can the recognition process be done online?

Yes. The recognition process can be handled entirely online with the support of a specialized attorney. This makes it easier for those living abroad.

Do I need my ex-spouse’s consent to recognize the divorce in Brazil?

Not necessarily. In consensual divorces, this is simpler. In contentious cases, the ex-spouse may be notified, but the process does not depend on their consent to be finalized.

How much does it cost to recognize a foreign divorce in Brazil?

Costs vary depending on court fees, sworn translation, and attorney’s fees. The best option is to request an assessment with an attorney for a clear estimate of the expenses involved.

Conclusion

Anyone who divorces abroad must understand that, in Brazil, the marriage is still considered valid until the foreign judgment is recognized by the STJ. This means that a new marriage cannot be registered without this prior step.

More than a bureaucratic requirement, recognition provides legal certainty, prevents future problems, and allows life to move forward regularly both in Brazil and abroad. For those who wish to remarry or simply maintain their civil status regularized, this is a crucial step.

Publicado em: 13/09/2025