Family Law and Inheritance in Brazil for Foreign Clients

You may live abroad, hold a foreign passport or have married in another country. If your matter reaches a Brazilian court, a Brazilian registry office or property in Brazil, it is handled under Brazilian law, in Portuguese, by Brazilian authorities.

Dra. Talissa Caldonazo and the team at Caldonazo Advocacia, in Campinas, São Paulo, represent clients before Brazilian courts in family law and inheritance matters. Part of our team works directly in English, so you explain your situation to the lawyer who will handle it.

Find your situation

• Divorce and the division of property
• A decision made abroad that must be recognised in Brazil
• Children and support across borders
• Inheritance and probate in Brazil

How it works

1. Tell us what is happening. A few lines about your situation, where you live and where the property or the family is.
2. We assess where the matter belongs. We look at jurisdiction, documents and deadlines, and tell you whether it belongs in a Brazilian court.
3. We agree the next steps. You know what is needed from you, what we do in Brazil and, if the case needs it, what is done abroad with a partner firm.

What we do, and what we do not

We practice Brazilian law. We do not appear in foreign courts. When your case also needs action abroad, we work with partner law firms in the countries involved and coordinate the two sides, so that the Brazilian steps and the foreign steps fit together.

Divorce and the division of property

Whether a Brazilian court can hear a divorce depends on where the spouses live, where the property is and what happened in the case. We assess that first, before anything is filed.

When the property is in Brazil, the Code of Civil Procedure (art. 23) gives Brazilian courts exclusive jurisdiction over real estate located in Brazil and over the division of assets located in Brazil in a divorce, even if the owner is a foreigner or lives abroad. That is why a divorce granted elsewhere does not, by itself, settle what happens to a property in Brazil.

Foreign judgments in Brazil

A decision made abroad, such as a divorce, a support order or a custody ruling, does not automatically produce effects in Brazil.

• A foreign consensual divorce takes effect in Brazil without ratification by the Superior Court of Justice (STJ), under art. 961, §5 of the Code of Civil Procedure.
• Other foreign decisions generally require ratification by the STJ (arts. 960 to 965) before they can be enforced in Brazil, for example to collect support or to update a civil status record.

We prepare the file, from the review of the original documents to the filing and follow-up at the STJ. Documents issued abroad usually need an apostille and a sworn translation into Portuguese. We tell you at the start what is missing.

Children and support across borders

Custody and support disputes between parents who live in different countries involve both national rules and international treaties. Brazil is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which we apply when the case calls for it.

Inheritance and probate in Brazil

When a person dies leaving assets in Brazil, the inventory and the division of those assets, a procedure known in Brazil as inventário and similar to probate, are decided by a Brazilian court, even if the deceased was a foreigner or lived abroad (Code of Civil Procedure, art. 23). As a rule, succession is governed by the law of the country where the deceased was domiciled. For a foreigner's assets located in Brazil, Brazilian law governs the succession for the benefit of a Brazilian spouse or children, unless the law of the deceased's country is more favorable to them (Law of Introduction to the Rules of Brazilian Law, art. 10, §1).

We review wills and succession documents made abroad and explain how they interact with Brazilian rules. When there is time, we help families organize their affairs in Brazil before a death, not after.

Working with clients abroad

• Direct communication. Meetings by video, at a time that suits your time zone, with part of the team working in English.
• Documents signed abroad. We guide you on the form each document needs to be accepted in Brazil, including powers of attorney.
• Confidentiality. Every conversation is confidential, as the Brazilian Bar rules require.

Frequently asked questions

Do I need to be in Brazil?
Not for the meetings, which we hold by video at a time that suits your time zone. Some documents must be signed in a specific form to be accepted in Brazil, and we tell you which, including powers of attorney.

Will my foreign divorce be recognised in Brazil?
A foreign consensual divorce takes effect without ratification by the STJ. Other foreign decisions generally need ratification before they can be enforced. A divorce granted abroad does not, by itself, settle what happens to property located in Brazil.

Which law applies to an inheritance?
As a rule, the law of the country where the deceased was domiciled. For a foreigner's assets in Brazil there is an exception in favor of a Brazilian spouse or children, and the inventory of assets in Brazil is decided by a Brazilian court.

Do documents from abroad need to be translated?
Usually they need an apostille and a sworn translation into Portuguese. We tell you at the start what is missing.

Can you represent me in my home country?
No. We practice Brazilian law and do not appear in foreign courts. When the case also needs action abroad, we coordinate with partner law firms in the countries involved.

Talk to us about your case

Tell us briefly what is happening. We will say whether the matter belongs in a Brazilian court and what the first steps are.