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Divorce lawyer in Brazil, with method and discretion
Ending a marriage does not have to cost your peace of mind or your assets. We organize each step so you can decide with full information.
Divorce is the dissolution of a civil marriage. Since Constitutional Amendment 66/2010 (Brazil's divorce reform), it depends only on the will of one spouse, with no waiting period or prior separation. Talk to a lawyer before moving out, signing anything or negotiating the division of assets: that is when property, custody, support and the fastest route are defined.
Anyone looking for a divorce lawyer in Brazil has usually made the hardest decision already. What remains is turning it into a safe path: which route to take, what happens to the home, the business and the children's routine, and in what order to settle each point. Based in Recife, we handle cases across Brazil, including for Brazilians abroad and for foreign or mixed couples.
The law has become simpler. Constitutional Amendment 66/2010 removed the prior-separation requirement, and the Federal Supreme Court (STF) confirmed in 2023 (Theme 1,053) that separation is no longer a prerequisite. Law 11,441/2007 (which created out-of-court divorce), now reflected in Article 733 of the Code of Civil Procedure (CPC), allows an uncontested divorce by public deed before a notary, and Resolution 571/2024 of the National Council of Justice (CNJ) extended this route to couples with minor children, once custody, parenting time and support have been settled in court. A simpler procedure, however, does not mean simpler content.
We see divorce as three layers: the marriage bond, which can be dissolved quickly; the children, who need a lasting plan; and the assets, which require valuation before anything is signed. We handle all three together, so that haste in one does not cause losses in the others.
When to call a lawyer
The decision is made, but the next step is not
One spouse has decided to end the marriage and no one knows whether the route is a notary or the courts, or what needs to be gathered before the first meeting.
A business, real estate or investments are at stake
Company shares, mortgaged properties, assets in other states or abroad and investments held by only one spouse must be mapped before any division proposal.
Unusual asset movements
Property transfers, unusual withdrawals from the company or changes to the articles of association on the eve of separation signal that shared assets need immediate protection.
One spouse lives outside Brazil
A marriage celebrated abroad, a foreign spouse or residence in another country changes the rules on jurisdiction, the documents required and the recognition of the decision.
What happens when you put it off
- Shared assets may be sold, encumbered or transferred before division is requested, and recovering that value later is slower and more expensive.
- Verbal agreements on the home, support and children are not enforceable and tend to collapse at the first disagreement.
- Without clarity on the use of the home and the bills, debts pile up and the strain spills into the negotiation.
- A hasty signature on a poorly drafted deed or settlement can lock in an unbalanced division that is hard to undo.
How we work
Initial assessment
We listen in confidence, identify the property regime, whether there are children and how much agreement exists, and point to the available route: notary, consulate or court.
Asset mapping
We map assets, debts, shareholdings and income, request documents and, when needed, arrange the valuation of companies and real estate.
Strategy and proposal
We model scenarios for division, custody and support, with their tax and practical effects, and agree with you on what is non-negotiable and where there is room.
Negotiation or litigation
We negotiate with the other side's lawyer and formalize the outcome by deed or settlement petition. Without agreement, we file the case with any urgent measures available.
Registration and compliance
We follow the annotation in the civil registry, the transfer of assets and compliance with what was agreed.
What you receive
- Opinion on the most suitable route, with the steps and expected costs of each option
- Inventory of shared and separate assets, based on the property regime
- Draft agreement covering divorce, division of assets, custody and support
- Public deed or divorce petition, depending on the chosen route
- Post-divorce roadmap: registry annotation, transfers, name change and corporate adjustments
Why the firm
A business view, not just a family view
When the estate includes a company, we assess shares, management pay and contracts with the same rigor we apply in corporate law, so the division does not paralyze the business.
A plan for each layer
We settle now what can be settled, such as ending the marriage, which Article 1,581 of the Civil Code allows without prior division of assets, and give time to what needs valuation.
In person in Recife or remotely
Meetings at our office in Pina or by video, and representation for Brazilians abroad, including consular divorce under Article 18 of the LINDB (Brazil's conflict-of-laws statute).
Illustrative scenario
Hypothetical scenario, for illustration only. A couple from Recife with two teenage children decides to divorce. He is a partner in a technology company set up during the marriage, under partial community property; she runs a clinic in her own name. The first question is whether the company is part of the division and whether a dispute would stall the business. The work starts by mapping the shares and valuing both activities. With that picture, the couple negotiates compensation instead of splitting the company and formalizes the division, joint custody and support in a single court-approved agreement. Every case has its own features, and the outcome depends on the facts and the negotiation.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
When should I talk to a divorce lawyer in Brazil?
Before moving out, signing any document or negotiating amounts. At that stage it is still possible to organize evidence, protect shared assets and choose the fastest route. The earlier the advice, the fewer decisions need to be undone.
How does an uncontested divorce at a notary work in Brazil?
An uncontested divorce is formalized by public deed before a notary, with a lawyer mandatorily present, when the couple agrees on every point. The legal basis is Law 11,441/2007 and Article 733 of the CPC. With minor or legally incapable children, CNJ Resolution 571/2024 allows the deed once custody, parenting time and support have been decided in court.
Do I need my spouse's consent to divorce?
No. Since Constitutional Amendment 66/2010, divorce depends only on the will of one spouse, and the STF confirmed that prior separation is no longer required. Without agreement, the case goes to court, and the dispute is about assets, children and support, not about ending the marriage.
What happens to the family home while the divorce is pending?
It depends on an agreement or a court decision. It is possible to set, on a provisional basis, who stays in the property, who pays the mortgage and expenses and whether there will be compensation for exclusive use. Leaving this open usually creates debt and conflict.
Can a Brazilian living abroad, or a foreign spouse, divorce in Brazil?
Yes. If both spouses are Brazilian and there are no minor children, an uncontested divorce can be done at a Brazilian consulate under Article 18 of the LINDB, with a lawyer. In other cases, when Brazilian courts have jurisdiction, proceedings can run in Brazil through a power of attorney, and an uncontested divorce granted abroad takes effect in Brazil without recognition by the Superior Court of Justice (STJ) (CPC, Article 961, §5).
Is a court divorce confidential in Brazil?
Yes. Article 189 of the CPC places divorce, stable union, parentage, support and custody cases under judicial secrecy.
Related matters
Other matters in this area
Shall we organize your divorce calmly and methodically?
Tell us about your situation in a confidential conversation. You leave with the recommended route, a document checklist and a clear next step.