Validation and Legal Effects of International Marriages in Brazil: A Legal Perspective

Marrying abroad carries a sense of romance and adventure. However, to have this marriage recognized in Brazil, certain legal steps must be followed. Borderless Citizen, specialists in international law and migration advisory, offers a comprehensive guide on how to validate your international marriage in Brazil and the legal effects of this validation.

How to Validate an International Marriage in Brazil?

The process of homologating a marriage performed outside Brazil is simpler than many imagine. First and foremost, it’s essential to know that a marriage celebrated abroad is, by default, recognized in Brazil, provided it complies with certain administrative procedures.

To officially register this union on Brazilian soil, it must be registered at a Brazilian Consular Office in the country where the marriage took place. The documents required for this registration include:

• Marriage registration form, completed and signed;
• Foreign marriage certificate;
• Prenuptial agreement (if applicable);
• Valid identification documents;
• Additional declarations in cases of foreign spouses or previous marriages.

After consular registration, the Brazilian marriage certificate is issued, containing all the information from the foreign certificate. Upon returning to Brazil, the couple must transcribe this certificate at the Registry Office of the 1st District of their domicile or the Federal District, if applicable, within 180 days after returning.

Legal Implications of Non-Registration

Understanding the legal implications of not registering an international marriage in Brazil is crucial. A Brazilian who marries abroad but does not register this marriage in Brazil remains legally married, which can lead to legal complications in criminal, tax, and social security areas. This includes possible charges of ideological falsehood and bigamy, should the individual remarry in Brazil without the proper divorce from the previous marriage.

Advantages of Registration

Registering an international marriage in Brazil provides legal security to the spouses, ensuring the recognition of marital rights and duties, such as property regimes, inheritance rights, and parental responsibilities. Furthermore, validation is also crucial for obtaining family reunion visas and residency permits.

How Can a Specialized Lawyer Help?

The assistance of a lawyer specialized in international law is decisive in this process. At Borderless Citizen, our lawyers not only simplify the necessary procedures but also provide clear guidance on the rights and obligations arising from the marriage, as well as clarifying the legal consequences of the same.

Inheritance Rights in Case of Spouse’s Death

In cases where one of the spouses dies, it is necessary to proceed with the opening of probate both in Brazil and abroad, depending on the location of the assets. The law applied will generally be that of the deceased’s domicile country, except in situations where the law more beneficial to the Brazilian spouse or children may be applied.

At Borderless Citizen, we are committed to ensuring that our clients are well-informed and legally protected in their international journeys. For more information about the validation of international marriages or other legal services, visit our website or contact our experts.