Area 08
Family and Succession
Divorce, maintenance and inheritance account for most of the legal questions faced by Brazilians living abroad. They are matters that require coordination between the country of residence and the country where the proceedings, the registry or the assets are located.
- 🇧🇷 Brasil
- 🇵🇹 Portugal
Overview
Need an assessment on this subject? The initial consultation establishes the right framework before any step is taken.
Book a consultationGeographical distance does not prevent the matter from proceeding. We act under a power of attorney, and most acts, from an uncontested divorce to out of court probate, do not require the client to be present in Brazil.
The real difficulty lies elsewhere: knowing which country has jurisdiction, which law applies, and what must be recognised on one side in order to take effect on the other. A divorce granted in Europe is not automatically recorded in the Brazilian civil registry, and probate opened in Brazil does not, on its own, reach a property located in Portugal.
For company owners, family and succession arrangements are inseparable from the corporate structure: the matrimonial property regime, prenuptial agreements and wills bear directly on the ownership of shares and on control of the company.
What we do
Services in this area
Each scope may be engaged on its own or combined with others, according to what the matter requires.
Divorce and dissolution of partnership
Uncontested and contested divorce, dissolution of civil partnerships and division of assets located in more than one country.
Maintenance
Setting, review, discharge and enforcement of maintenance, including where payer and recipient live in different countries.
Custody and parental responsibility
Custody, contact arrangements and travel authorisation where parents and children live in different countries.
Probate and division of estates
Court and out of court probate in Brazil and Portugal, coordinated where assets exist in both jurisdictions.
Wills and estate planning
Organising succession during lifetime, with attention to the validity of the will in each legal system and to tax consequences.
Matrimonial property regime
Choice and amendment of regime, prenuptial agreements and protection of family and business assets.
Frequently asked
Questions we are asked often
The answers below are for information only and do not replace individual analysis of your matter.
Do I need to travel to Brazil to get divorced?
In most cases, no. A divorce can be conducted under a power of attorney granted at a Brazilian consulate or executed in the country of residence with an apostille. Where the parties agree, the procedure is usually completed without travel.Is my divorce granted in Europe valid in Brazil?
It requires recognition by the Superior Court of Justice in order to take effect in Brazil, save for the cases of direct registration provided by law. Without that step, the Brazilian civil registry continues to show the previous marital status.How does maintenance work when the payer lives in another country?
International enforcement of maintenance is possible through judicial cooperation and the applicable conventions. The appropriate route depends on the country where the debtor resides and on the order that established the obligation.
Family and Succession
Need guidance on family and succession?
The initial consultation assesses the legal viability of your objective and sets out the available paths, with stages and timelines defined. Online, by video call or in person in São Paulo.
Monday to Friday, 9am to 6pm (Brasília time). We reply within one business day.