Uncontested Divorce in Brazil: A Step-by-Step Guide to Ending a Marriage Without a Court Fight

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

An uncontested divorce can be finalized in a single day at a notary office or through a court judgment, as long as the couple first settles four core issues: dividing property, child custody, support, and the use of a surname. The right path depends mainly on whether there are minor children and how fully the spouses agree.

An uncontested divorce requires no justification and no waiting period

Since Constitutional Amendment 66 of 2010, divorce in Brazil has been direct. There is no longer any requirement of a prior separation, a minimum length of marriage, or a stated reason. Fault is not at issue either. All that matters is the wish to end the marital bond, expressed by one or both spouses.

When both spouses agree to end the marriage and on its consequences, the procedure is called an uncontested (or amicable) divorce. It can follow one of two paths: the out-of-court route, carried out at a notary office through a public deed, and the court route, approved by a judge. In either case, you must be represented by a lawyer.

The choice between a notary office and the courts is not always yours to make. It depends mainly on whether there are minor or legally incapacitated children and whether the couple has already resolved the issues involving those children.

Divorce at a notary office: when the out-of-court route is available

The out-of-court route is the fastest. The public divorce deed is drawn up at a notary office, takes effect immediately, and does not require court approval. It serves as the document you use to record the end of the marriage in the civil registry and to transfer property in the real estate registry.

To use a notary office, several requirements must be met at the same time:

• the couple fully agrees on the divorce and on all of its consequences;
• a lawyer assists the couple, either one lawyer for both spouses or one for each;
• neither spouse is currently pregnant;
• any issues involving minor or legally incapacitated children have already been resolved, or there are no such children.

The speed comes with a practical tradeoff. Because no judge reviews the substance of the agreement, the notary simply formalizes a finished deal. Everything must be settled before the couple arrives at the notary’s counter.

It can follow one of two paths: the out-of-court route, carried out at a notary office through a public deed, and the court route, approved by a judge.

Divorce in court: when a judge has to be involved

The court route becomes mandatory when the notary-office requirements are not met. The most common cases are minor or legally incapacitated children whose issues are still unresolved, a current pregnancy, and situations in which one spouse cannot appear in person and needs specific representation.

Even when uncontested, a court divorce requires a joint petition, signed by the lawyers, setting out the agreement in detail. When there are minor or legally incapacitated children, the Public Prosecutor’s Office (Ministério Público) weighs in to check that their interests are protected. At the end, the judge issues a judgment approving the agreement, which is also recorded in the civil registry.

An uncontested case in court is usually simpler and faster than a contested divorce, although it takes longer than a deed at a notary office. There is no hearing to try to reconcile the couple and no evidence to present, because there is no dispute to resolve, only an agreement to be approved.

The four points the couple must settle first

Whichever path you choose, a divorce agreement rests on four decisions. Leaving any one of them poorly resolved is usually the main source of conflict after the marriage has ended.

Dividing property. The division depends on the property regime adopted at the time of the marriage: partial community property, universal community property, separation of property, or participation in acquired assets (participação final nos aquestos). You can even divorce first and divide the property later, because the courts allow divorce without a prior property division. Debts incurred during the marriage are part of the calculation too.

Child custody. The default under the law is joint custody, in which both parents share decisions about their children’s lives, even if they live in different homes. Sole custody is the exception, reserved for specific situations. Beyond custody, the couple must also define parenting time, that is, how each parent will have regular contact with the children.

Support payments (pensão alimentícia). Support for children is mandatory and is calculated by weighing the needs of the recipient against the ability of the payer. The amount can be set as a percentage of income or as a number of minimum monthly wages. Between former spouses, support is exceptional and can be expressly waived in the agreement.

Use of a surname. A spouse who took the other’s surname at marriage chooses between keeping the married name and going back to the name used before marriage. This is a personal decision, with no interference from the former spouse, and it must be stated clearly in the deed or the judgment to take effect in the registry.

Documents and the procedure step by step

Gathering your paperwork in advance speeds up either route. As a rule, you will need:

• an up-to-date marriage certificate, issued within the past few months;
• identity documents and CPF (Brazil’s individual taxpayer registry number) for both spouses;
• the prenuptial agreement, if there is one;
• the children’s birth certificates;
• documents for the property to be divided, such as real estate registration records, vehicle registrations, and account statements.

At a notary office, the process is straightforward. Once the agreement is settled and you have your documents in hand, the lawyer drafts the deed, the couple goes to the notary office, reviews the text, and signs. The deed is then taken to the civil registry where the marriage was recorded, so the divorce can be officially annotated.

In court, the lawyer files the joint petition with the agreement, the Public Prosecutor’s Office weighs in when there are minor children, and the judge approves the agreement by judgment. The recording process works the same way. Costs vary: the notary office charges fees according to each state’s fee schedule, and a court case has its own costs, with the possibility of a fee waiver for those who cannot afford the expenses.

Frequently Asked Questions

Can we get divorced at a notary office if we have minor children?

Yes, under specific conditions. The old rule required that there be no minor or legally incapacitated children, but that requirement has been relaxed. Today, a public deed is allowed when custody, parenting time, and support have already been resolved in a court case. If any points are still open, or the spouses disagree about anything involving the children, the divorce must go through the courts.

Can we divorce without dividing the property at the same time?

Yes. Divorce without an immediate property division is possible. The couple ends the marital bond and leaves the division of assets for later, through a separate agreement or a specific lawsuit. This option is often useful when the assets are complex or when the spouses want to make the end of the marriage official quickly. The pending division, however, will have to be resolved at some point.

How long does an uncontested divorce take?

It depends on the path. At a notary office, with complete documentation and the agreement ready, the deed can be drawn up in a few days, sometimes on the same day. In court, an uncontested divorce usually takes anywhere from a few weeks to a few months, depending on the judicial district and on whether the Public Prosecutor’s Office must weigh in because there are minor children.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.