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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.

34 resources

Service 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.

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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.

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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.

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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.

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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.

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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?

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Brazil's 4 Marriage Property Regimes Compared

Partial community (default), universal community, total separation, final participation. Which protects your assets?

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Judicial vs. Extrajudicial Divorce in Brazil

Cartório divorce: 1-4 weeks, cheaper. Court divorce: 3-12+ months. When you can use each path.

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Consensual vs. Contested Divorce in Brazil

Agree on everything? Fast and cheap. Disagree? Years and expensive. Plus cross-border complications for foreigners.

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Brazilian vs. Foreign Prenuptial Agreement: Enforceability

Brazilian pacto antenupcial (public deed, pre-marriage) vs foreign prenup. When each is recognized. No postnups.

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Marriage in Brazil vs. Abroad: Registration & Recognition

Marry in Brazil (cartório ceremony) vs abroad (apostille + sworn translation to register). Which governs assets?

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Divorce in Brazil vs. Homologation of Foreign Divorce

File in Brazil or have foreign divorce recognized via STJ homologation? Brazilian courts control Brazilian assets.

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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.

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Choosing a Lawyer for Getting Married in Brazil

Cartório requirements, foreign documents, the 4 property regimes, sworn translations. What your marriage lawyer handles.

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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.'

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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.

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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.

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Red Flags in Family Law Representation for Expats

Lawyers who refuse mediation, excessive billing without milestones, custody promises. Warning signs from real cases.

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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.

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Choosing an Estate Planning Lawyer in Brazil

Brazil's compulsory heirship (50% to forced heirs) surprises every foreigner. Your lawyer needs cross-border expertise.

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Choosing a Lawyer for Consumer and Daily Legal Issues

Landlord disputes, Procon complaints, contractor issues, insurance claims. Everyday legal issues every expat faces.

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Leaving Brazil? Exit Checklist for Foreigners

Saída Definitiva, CPF closure, CRNM status, property tax, bank accounts, POA cancellation. What your lawyer should handle.

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Blog Posts

Articles and analysis on family law topics.

Illustration about parental alienation and child protection in Brazil
Family Law

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.

Illustration about the adoption process in Brazil
Family Law

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.

Illustration about estate proceedings and inheritance in Brazil
Family Law — Succession

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.

Illustration about common-law marriage rights in Brazil
Family Law

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.

Illustration about marriage to a foreigner in Brazil
Family Law — International

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.

Illustration about child support calculation and enforcement in Brazil
Family Law

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.

Illustration about joint custody of children in Brazil
Family Law

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.

Illustration about divorce in Brazil with scales of justice and wedding ring
Family Law

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.

Family law concept — child custody rights for foreigners in Brazil
Family Law

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.