A couple can divorce at a notary's office in Brazil when both spouses agree on ending the marriage and on all its terms, both are assisted by a lawyer or public defender, and there is no unborn child. Since CNJ Resolution No. 571 of August 26, 2024, having minor or legally incapable children no longer prevents the deed, provided that custody, visitation and child support have already been settled in court. The basic documents are the marriage certificate, personal IDs, the prenuptial agreement if any, the children's birth certificates and the paperwork for the assets. As for timing, there is no fixed legal deadline: duration depends on how quickly the documents are gathered and the agreement is closed, because the deed is executed in a single act and does not require court approval.
Where out-of-court divorce comes from
Law No. 11,441 of January 4, 2007, the statute that first allowed divorce by public deed, made it possible to carry out consensual separation and divorce before a notary, without a lawsuit, when the couple had no minor or incapable children. The rule was kept by the 2015 Code of Civil Procedure (Law No. 13,105/2015, Brazil's main civil procedure statute), whose article 733 allows consensual divorce, consensual separation and consensual dissolution of a stable union by public deed, “provided there is no unborn child or incapable children and the legal requirements are met”.
Two practical effects of article 733 stand out. The deed does not depend on court approval and is valid for any registration, including withdrawing funds held at financial institutions. And the notary will only execute it if the parties are assisted by a lawyer or a public defender.
There is also no longer a minimum period of marriage or prior separation. Constitutional Amendment No. 66 of July 13, 2010 gave article 226, paragraph 6, of the Federal Constitution its current wording: “Civil marriage may be dissolved by divorce”.
What changed in 2024 with CNJ Resolution No. 571
The National Council of Justice (CNJ), the body that oversees Brazilian courts and notarial services, has regulated these acts since Resolution No. 35/2007. On August 26, 2024, Resolution No. 571 amended that text following a plenary decision in Request for Measures No. 0001596-43.2023.2.00.0000. For divorce, the key change is the new paragraph 2 of article 34:
If the couple has minor or incapable children in common, the public deed of divorce may be executed, provided that prior judicial resolution of all matters concerning their custody, visitation and support is duly proven, which must be recorded in the body of the deed.
In practice, a couple with minor children first settles in court everything that concerns the children, and may then dissolve the marriage and divide the assets before a notary. If the notary has doubts about matters affecting the minor or incapable person, the question must be submitted to the judge who issued the decision (paragraph 3 of the same article). The deed must also record the parties' agreement with the custody, family contact and support arrangements made in court (article 35).
The spouses must still declare to the notary whether they have children in common and that the wife is not pregnant, or at least is not aware of it (article 34, paragraph 1). An ongoing pregnancy remains incompatible with the out-of-court route, because article 733 of the Code of Civil Procedure itself excludes cases involving an unborn child.
Who can divorce at a notary's office
- Full agreement: both parties agree on the divorce and on every clause, including division of assets, spousal support if any, and use of the married name.
- Children: no minor or incapable children or, if there are, custody, visitation and support already settled in court.
- No unborn child: a statement that there is no pregnancy or that the parties are unaware of one.
- Lawyer: mandatory assistance by a lawyer, who may act for both spouses, or by a public defender.
The same regime applies, where relevant, to the consensual dissolution of a stable union (article 46-A of Resolution No. 35/2007).
Required documents
Article 33 of Resolution No. 35/2007, as currently worded, lists what must be presented to the notary:
- marriage certificate;
- official ID and CPF (Brazilian taxpayer number);
- prenuptial agreement, if any;
- birth certificate or other official ID of the children, if any;
- title certificates for real estate and related rights;
- documents proving ownership of movable assets and rights, if any.
With minor or incapable children, proof of the court decision on custody, visitation and support is also required. Each notary's office may ask for additional certificates depending on the case, so it is worth confirming the list before booking.
Division of assets in the deed
The division of assets in the deed follows the rules for division in an out-of-court probate, where applicable (article 39). This is when each asset is described, allocated to one spouse and any balancing payments are recorded. An unequal split of the estate may have tax consequences, and real estate requires attention to the property record, liens and ongoing financing. The deed serves as the title to register the transfer at the real estate registry.
Once executed, the deed is taken to the Civil Registry that holds the marriage record for annotation, with no need for court authorization or involvement of the Public Prosecutor's Office (article 40). If a spouse's name changes, the registrar also annotates the birth record (article 41). Support clauses agreed in the divorce may later be amended by a new consensual deed (article 44). Note that a divorce deed is not confidential (article 42).
Why a lawyer is mandatory
The requirement is in article 733, paragraph 2, of the Code of Civil Procedure and in article 8 of Resolution No. 35/2007, which waives a power of attorney but requires the presence of the lawyer or public defender, with name and Bar (OAB) registration recorded in the deed. The notary may not recommend a lawyer to the parties (article 9). The lawyer's role goes beyond signing: it is the lawyer who checks whether the agreement is balanced, the division is correct, tax effects have been considered and nothing has been left out. This matters because the notary may refuse the deed when there are signs of harm to one spouse or doubts about the intent expressed (article 46).
Do you need to appear in person?
Not necessarily. Personal attendance is not required if the spouse is represented by an attorney-in-fact appointed by public instrument, with special powers, a description of the essential clauses and a validity of thirty days (article 36). The National Code of Rules for the Extrajudicial Forum (CNJ Provision No. 149/2023, which consolidates the rules for notaries and registries) also governs electronic notarial acts, carried out on the e-Notariado platform with a notarial videoconference to capture the parties' intent. The choice of notary is free, without the venue rules of the Code of Civil Procedure (article 1 of Resolution No. 35/2007).
How much it costs and how long it takes
Notarial fees are set by each state's law, under the general rules of Law No. 10,169/2000, the federal statute on notarial and registry fees. Resolution No. 35/2007 requires the amount to reflect the actual cost and fair remuneration of the service and prohibits charging a percentage of the value of the transaction. In Pernambuco, the reference is the current fee schedule, which should be checked with the chosen notary's office before booking. For that reason, this article does not state amounts.
Fee waivers are also available: a simple statement by the parties that they cannot afford the fees is enough, even if they are assisted by a retained lawyer (articles 6 and 7). Legal fees and, where assets are transferred, any taxes due are added to the cost.
As for timing, the law sets no deadline. What usually lengthens the process is the time needed to obtain certificates, to close the terms of the division or, with minor children, to complete the court stage first. With documents in order and the agreement closed, the deed is signed in a single act and takes effect immediately, leaving only the annotation at the civil registry.
When the notary's office is not the answer
- There is no agreement on the divorce, the division of assets or support.
- There are minor or incapable children and custody, contact or support has not yet been decided in court.
- There is an ongoing pregnancy.
- There are signs of fraud, pressure on one party or concealment of assets.
In these cases, the path is a court proceeding, which may be consensual or contested.
How the firm can help
We advise couples seeking a consensual divorce at a notary's office and also those who first need to settle their children's matters in court. The work includes gathering documents, structuring the division of assets, assessing property and tax effects, drafting the deed and following its execution and registration. Every case has its own features and no outcome can be promised, but a well-documented agreement reduces the risk of future disputes.
