Topic Hub
Family Law
By Zachariah Zagol, OAB/SP 351.356 · Updated: April 5, 2026
Marriage, divorce, child custody, estate planning, and binational family legal matters in Brazil.
59 resourcesService Guides
In-depth guides to our family law legal services.
Binational Divorce in Brazil: US-Brazil Jurisdiction, Asset Division & Child Issues
Comprehensive guide to binational divorce in Brazil: US-Brazil jurisdiction analysis under CPC Arts. 21-23, homologação de sentença estrangeira at STJ.
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Child Custody & International Abduction: The Hague Convention in Brazil
Comprehensive guide to cross-border child custody disputes in Brazil: Hague Convention proceedings, ACAF, STJ jurisprudence, habitual residence, grave.
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Estate Planning for Foreigners with Brazilian Assets: Wills, Trusts & Cross-Border Issues
Comprehensive guide to estate planning for foreigners in Brazil: forced heirship (legítima 50%), testamento validity, why US trusts fail in Brazil.
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Legal Guide for Binational Families in Brazil
Navigate legal requirements for international families in Brazil: marriage, civil unions, citizenship, healthcare, and CPF documentation.
Read guide →Filing a Hague Convention Return Petition in Brazil
How a left-behind parent files a Hague return petition in Brazil: ACAF intake, AGU, federal court, Article 13 defences and a first-72-hours checklist.
Read guide →Enforcing Child Support When the Other Parent Is in Brazil (and From Brazil Abroad)
Enforcing child support against a parent in Brazil, or from Brazil abroad: Hague 2007 and New York Convention routes, prisão civil, salary deduction, revision.
Read guide →Getting Your Foreign Divorce Recognised in Brazil
How a foreign divorce is recognised in Brazil: direct cartório registration for a pure consensual divorce vs STJ homologation, documents, apostille, timeline.
Read guide →Dividing Brazilian Property in a Foreign Divorce
Brazilian courts alone divide real estate in Brazil. Property regimes, partilha after a foreign decree, taxes on partition, and how to sell and remit proceeds.
Read guide →Getting Married in Brazil as a Foreigner: Legal Requirements & Documentation
Complete legal guide to marrying in Brazil as a foreigner: apostilled documents, cartorio ceremony, name changes, prenuptial timing, same-sex marriage.
Read guide →Prenuptial Agreements in Brazil: How Foreign Couples Protect Assets
Detailed guide to prenuptial agreements in Brazil: four marriage property regimes, cartorio pacto antenupcial requirements, foreign prenup enforceability.
Read guide →Same-Sex Marriage & LGBTQ+ Legal Rights in Brazil: A Guide for Expats
Comprehensive guide to LGBTQ+ legal rights in Brazil for expats: same-sex marriage, spousal visa equality, adoption, name and gender marker changes.
Read guide →Adoption in Brazil by Foreigners: Domestic & International Pathways
Complete legal guide to adoption in Brazil by foreigners: CNA registration, Hague Intercountry Adoption Convention, psychosocial evaluation, domestic vs.
Read guide →Stable Union vs. Marriage in Brazil: Complete Comparison
Brazil grants equal rights to both. But formation, evidence, and process differ enormously. Which is right for you?
Read guide →Brazil's 4 Marriage Property Regimes Compared
Partial community (default), universal community, total separation, final participation. Which protects your assets?
Read guide →Judicial vs. Extrajudicial Divorce in Brazil
Cartório divorce: 1-4 weeks, cheaper. Court divorce: 3-12+ months. When you can use each path.
Read guide →Consensual vs. Contested Divorce in Brazil
Agree on everything? Fast and cheap. Disagree? Years and expensive. Plus cross-border complications for foreigners.
Read guide →Brazilian vs. Foreign Prenuptial Agreement: Enforceability
Brazilian pacto antenupcial (public deed, pre-marriage) vs foreign prenup. When each is recognized. No postnups.
Read guide →Marriage in Brazil vs. Abroad: Registration & Recognition
Marry in Brazil (cartório ceremony) vs abroad (apostille + sworn translation to register). Which governs assets?
Read guide →Divorce in Brazil vs. Homologation of Foreign Divorce
File in Brazil or have foreign divorce recognized via STJ homologation? Brazilian courts control Brazilian assets.
Read guide →How to Choose a Divorce Lawyer in Brazil as a Foreigner
Consensual vs contested, property division under Brazilian regimes, alimony. Plus the red flag of fee-churning lawyers.
Read guide →Choosing a Lawyer for Getting Married in Brazil
Cartório requirements, foreign documents, the 4 property regimes, sworn translations. What your marriage lawyer handles.
Read guide →5 Things About Prenuptial Agreements in Brazil
4 property regimes, default regime surprises, must be signed BEFORE marriage, postnups aren't recognized. Know before 'I do.'
Read guide →Choosing a Lawyer for International Custody in Brazil
Hague Convention cases are time-sensitive. Your lawyer needs ACAF experience and federal court access. Here's what to verify.
Read guide →Choosing a Lawyer for Foreign Divorce Homologation
STJ homologation takes 6-12 months. Your lawyer needs experience with the specific process. What to look for.
Read guide →Red Flags in Family Law Representation for Expats
Lawyers who refuse mediation, excessive billing without milestones, custody promises. Warning signs from real cases.
Read guide →How Brazil's Legal System Works: A Foreigner's Guide
Civil law vs common law, no jury for civil cases, no discovery, cartórios, Ministério Público. What you need to know.
Read guide →Choosing an Estate Planning Lawyer in Brazil
Brazil's compulsory heirship (50% to forced heirs) surprises every foreigner. Your lawyer needs cross-border expertise.
Read guide →Choosing a Lawyer for Consumer and Daily Legal Issues
Landlord disputes, Procon complaints, contractor issues, insurance claims. Everyday legal issues every expat faces.
Read guide →Leaving Brazil? Exit Checklist for Foreigners
Saída Definitiva, CPF closure, CRNM status, property tax, bank accounts, POA cancellation. What your lawyer should handle.
Read guide →Blog Posts
Articles and analysis on family law topics.
Child Abduction to Brazil: The First 72 Hours for a Left-Behind Parent
A calm, step-by-step guide for a parent whose child was taken to or kept in Brazil: Hague checks, ACAF, documents, what to avoid, and what happens next.
Custody Orders Across Borders: Relocation, Mirror Orders, Travel
How custody orders travel between Brazil and other countries: STJ recognition, relocation with a child, mirror orders, and ECA travel authorisations for minors.
Inventário Negativo and Edge Cases Heirs Abroad Face in Brazil
Brazilian probate edge cases for heirs abroad: inventário negativo, debts above assets, missing heirs, disputed paternity, estates split across two countries.
Parental Alienation Claims in Cross-Border Custody Cases in Brazil
How Brazil's parental alienation statute (Lei 12.318/2010) works when parents live in different countries: jurisdiction, Hague cases, evidence, and remedies.
Rural Land Inheritance in Brazil: INCRA, CAR & Foreign Heirs
How a farm passes to heirs in Brazil: Lei 5.709/1971 foreign-heir rules, border zone, CCIR, ITR, CAR (Lei 12.651/2012), georeferencing, and the no-split rule.
Sobrepartilha: Assets Found After a Brazilian Estate Closed
How sobrepartilha reopens a closed Brazilian inventário for newly found assets: CPC arts. 669–670, the notarial route, ITCMD, sonegados, and heirs abroad.
Alvará Judicial: Releasing Bank Balances and Small Estates in Brazil
How an alvará judicial releases a deceased relative's Brazilian bank balance, FGTS, or unpaid benefits without a full inventário: Lei 6.858/1980, limits, steps.
Cessão de Direitos Hereditários: Selling a Brazilian Inheritance Share
How to sell or give away your share of a Brazilian inheritance before the partition: public deed, co-heirs' right of first refusal, ITCMD, ITBI, capital gains.
Inventário Deadline in Brazil and ITCMD Late Penalties, State by State
Brazil's inventário must open within 2 months of death (CPC art. 611). What that means, and the ITCMD late-opening surcharge in every state, for heirs abroad.
Child Support When the Paying Parent Is in Brazil: Routes From Abroad
How a parent abroad enforces child support against a parent living in Brazil: Hague 2007 and New York 1956 routes, Brazilian courts, civil imprisonment.
Prenup With a Brazilian Partner: Regimes and Enforceability Abroad
Marrying a Brazilian? How the pacto antenupcial works, the four property regimes under the Código Civil, what it cannot do, and how it holds up abroad.
Revising or Ending Child Support After Moving Abroad
How a Brazilian child support order is revised or ended when a parent moves abroad: jurisdiction, grounds under CC art. 1.699, currency, timing, exoneration.
Dividing a Brazilian Property in a Foreign Divorce
Why a foreign court cannot divide a Brazilian property (CPC art. 23), which marital regime applies, and how the partilha is done in Brazil after the decree.
Getting a Foreign Divorce Recognised in Brazil: STJ vs Cartório
How a US, UK or EU divorce becomes effective in Brazil: direct annotation at the cartório under the CNJ national registry code, or STJ homologation.
Divorcing a Brazilian Spouse While Living Abroad: Where to File
Where to file for divorce from a Brazilian spouse when you live abroad: Brazil's jurisdiction rules, parallel cases, assets in Brazil, and remote routes.
Extrajudicial vs Judicial Inventário: Which One Do You Qualify For?
Notary or court? The qualification test for a Brazilian inventário, what changed with CNJ 571/2024, documents per route, cost components and timeline.
Multiple Heirs in Multiple Countries: Coordinating Powers of Attorney
How one Brazilian attorney represents siblings in different countries in an inventário: the power of attorney, consular vs apostille signing, conflicts.
My Parent Died in Brazil — What Happens to Their Property?
Your parent died in Brazil and you live abroad. What happens to the house, accounts and land, who may act, and the first-week checklist before probate.
Inheriting Property in Brazil as a Non-Resident Heir
What a non-resident heir must know about inheriting property in Brazil: exclusive jurisdiction, probate routes, ITCMD, CPF, and selling later.
Parental Alienation in Brazil: Identify and Combat
Complete guide to parental alienation in Brazil. Understand Law 12.318/2010, identification signs, legal remedies, sanctions, and psychological evaluation.
Adoption in Brazil: Complete Process Guide 2026
Complete guide to adoption in Brazil. Legal requirements, ECA process, international adoption, step-parent adoption, timelines, and competent courts explained.
Estate and Inheritance in Brazil: Complete Guide
Complete guide to estate proceedings and inheritance in Brazil. Learn about judicial vs extrajudicial probate, ITCMD tax, heirs rights, and wills explained.
Common-Law Marriage in Brazil: Rights and Duties
Complete guide to common-law marriage (união estável) in Brazil. Learn about recognition, property rights, inheritance, conversion to marriage, and dissolution.
Marriage to a Foreigner in Brazil: Complete Guide
Complete guide to marrying a foreigner in Brazil. Documents, CNJ requirements, consular marriage, prenuptial agreements, and property regimes fully explained.
Child Support in Brazil: Calculation and Enforcement
Complete guide to child support in Brazil. Learn about the trinomial calculation, enforcement through civil imprisonment, modification, and pregnancy support.
Joint Custody in Brazil: Complete Guide for 2026
Understand joint custody in Brazil under Law 13.058/2014. Types of custody, visitation schedules, modification, relocation, and best interest of the child.
Divorce in Brazil: Complete Guide for 2026
Complete guide to divorce in Brazil. Learn the differences between consensual and litigious, judicial and extrajudicial, costs, timelines, and asset division.
International Child Abduction and the Hague Convention
Legal guide to international child abduction in Brazil. The 1980 Hague Convention, ACAF central authority, return proceedings, and exceptions.
International Divorce in Brazil: Jurisdiction and Assets
Legal guide to international divorce in Brazil. Jurisdiction rules, applicable law, foreign judgment recognition, and multi-country asset division.
Child Custody in Brazil for Foreigners: Rights & Legal Guide
International child custody laws in Brazil. Hague Convention, visitation rights, relocation cases & mediation for foreign parents in São Paulo.