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Family Law
Family decisions involve assets, children and reputation. We handle each of them with discretion and with a plan.
Family proceedings are rarely only legal. They involve the family business, real estate, minor children and relationships that will outlast the case. How the matter is conducted counts as much as the legal argument.
We act for individuals and for business families in divorce, dissolution of stable unions, custody, support, division of assets and settlements. Wherever possible we pursue an agreed solution, because it usually preserves more of the estate and causes less damage than a judgment.
What we handle in Family Law
Choose a matter and see how we work, what you receive and the most common questions.
Divorce
Uncontested or contested divorce in Brazil, before a notary or in court, with planned property division.
See matterChild Custody
Joint or sole custody, parenting plans and relocation in Brazil, always centered on the child's best interests.
See matterChild and Spousal Support
Setting, reviewing, enforcing and ending child and spousal support in Brazil, based on real income and expenses.
See matterFamily Agreements
Prenuptial agreements, stable union contracts, mediation and family settlements in Brazil, precisely drafted.
See matterHow we work
Uncontested and contested divorce
We handle divorce by public deed where that route is available, or before the courts, defining the division of assets, the use of property and each party's responsibilities while the case runs.
Division of assets and of company shares
Analysis of the matrimonial property regime, identification of what is divisible, valuation of shareholdings and payment structures that do not put the family business at risk.
Custody, parenting time and support
Drafting of parenting plans, setting, review and enforcement of child support, and urgent measures whenever a child or adolescent is at risk.
Stable unions and prenuptial agreements
Recognition and dissolution of stable unions, prenuptial agreements and cohabitation contracts to settle the property regime before any conflict arises.
Settlements and mediation
Assisted negotiation between the parties and their lawyers, with the agreement formalised and confirmed by the court so that what was agreed actually holds.
Why work with us
Discretion as a rule
Confidential attendance, information shared only with those the client authorises, and care with exposure in proceedings that may run under judicial secrecy.
A view of assets and of the business
Because we also practise corporate and succession law, we can see how the division of assets will affect the family company and the future succession.
A preference for workable settlements
We pursue agreement when it protects the client better, and we litigate when the other side's proposal does not stand up.
Frequently asked questions
How long does a divorce take in Brazil?
An uncontested divorce with no minor children can be completed at a notary's office by public deed, within days of gathering the documents. A contested divorce depends on the court's docket and on how complex the estate is, and can take months or years when assets are in dispute.
Can I divorce in Brazil if we married abroad?
Yes, Brazilian courts can decree the divorce of a marriage celebrated abroad when the jurisdictional requirements are met, and a foreign divorce ruling can be recognised in Brazil through the Superior Court of Justice. Which route is faster depends on where the assets and the children are.
How is child support calculated in Brazil?
The amount is set by weighing the child's needs against the paying parent's means, a test laid down in the Brazilian Civil Code, and there is no automatic statutory percentage. Documented income, the child's actual expenses and the number of dependants are the elements the judge assesses.
Does joint custody mean splitting time fifty-fifty?
No. Joint custody concerns sharing decisions about the child's life, not necessarily equal parenting time, which is set out in a separate plan. Joint custody is the default rule in Brazilian law, unless one parent does not want it or is not fit for it.
Is the family company divided in a divorce?
It depends on the matrimonial property regime and on when the shareholding was acquired. As a rule what is divided is the value corresponding to the shares, established by valuation, rather than giving the former spouse a say in running the company.
See also
Need to talk about divorce, custody or dividing assets?
Book a confidential consultation. The first conversation is there to map the situation and the options before any step is taken.