Family Law and Matrimonial

The team upholds a solid ethical foundation, fostering trust among all parties in negotiations and enhancing communication to reach successful outcomes.

Our legal team provides comprehensive services in Brazilian family law, ensuring the protection of our clients’ rights during challenging processes such as divorce, child custody arrangements, and other family-related matters. In addition, we offer global legal consultancy services, enabling clients to access international expertise and support across various jurisdictions.

Our philosophy prioritizes amicable resolutions, aiming to reach agreements that satisfy all parties involved. This approach minimizes conflicts, preserves a harmonious relationship between ex-spouses—especially for the benefit of their children—and avoids prolonged litigation and unnecessary expenses. However, when a mutual agreement is not possible, we are fully prepared to take all necessary legal measures to protect our clients’ interests.

Our Areas of Expertise Include:

• Divorce (Civil and Religious)
• Child support
• Spousal support
• International child abduction cases
• Custody and guardianship
• Use of family home
• Property disputes
• Restrictive measures
• Adoption
• Recognition of foreign marriages and divorces

Divorce Proceedings

Divorce proceedings can be initiated regardless of mutual consent, and there is no need for a specific waiting period or cause, as the irretrievable breakdown of the marriage is sufficient.

Judicial Divorce

A judicial divorce is required when there are unresolved issues, such as disputes over child custody, division of property, or spousal support. The process begins with filing a petition before a family court, and both parties may present evidence and testimony.

Extrajudicial Divorce

If both parties agree on all matters, including child custody, support, and division of assets, a divorce can be processed extra judicially at a notary office, provided there are no minor or dependent children involved. This method is quicker and less expensive than a judicial divorce.

International Considerations

For cases involving international elements, such as marriages performed abroad or foreign spouses, Brazilian courts can recognize and process divorce petitions if one of the parties resides in Brazil. Our global consultancy services, enable us to handle cases involving international jurisdiction efficiently.

Children – Custody and Parental Responsibility

Under Brazilian law, parental responsibility is shared between both parents (as per Article 1583 of the Civil Code), ensuring joint decision-making in the child’s best interests. In cases of divorce or separation, custody arrangements are determined by the court, which considers factors such as the child’s welfare, parents’ living conditions, and their ability to provide care.

Types of Custody

• Shared Custody (Guarda Compartilhada): Favored by Brazilian courts, this arrangement ensures both parents participate actively in the child’s life, often dividing responsibilities while the child resides with one parent.
• Sole Custody (Guarda Unilateral): Awarded to one parent if the other is deemed unfit or unable to fulfill parental responsibilities.

Parental Responsibility for Children Born Outside Marriage

For children born outside of marriage, the mother assumes full parental responsibility unless the father formally acknowledges paternity. Once paternity is recognized, parental responsibilities are shared equally.

Child Maintenance

In accordance with Article 1694 of the Civil Code, both parents are obligated to contribute to their child’s maintenance in proportion to their financial capacity. This includes covering expenses for education, healthcare, and general welfare.

• Maintenance Orders: If parents cannot agree on contributions, the court may issue a maintenance order. This order usually requires monthly payments from the non-custodial parent, as well as specific provisions for additional expenses like school fees and medical costs.
• Duration of Support: Child support obligations typically continue until the child reaches the age of majority (18 years). However, support may be extended if the child is in higher education, undergoing compulsory military service, or is unable to support themselves due to special circumstances.

Property Division

Brazilian law follows the regime of communion of property (Regime de Comunhão de Bens) unless a different regime was established at the time of marriage. In a divorce, assets acquired during the marriage are divided equally unless agreed otherwise.

Adoption

Brazilian adoption laws, governed by Law No. 8069/1990 (Statute of the Child and Adolescent), ensure the best interests of the child. Both national and international adoptions are regulated, with stringent requirements for prospective adoptive parents to guarantee the child's welfare.

Global Consultancy and International Support

In addition to our expertise in Brazilian family law, we provide global legal consultancy services. Our office offers specialized support for cases involving international jurisdiction, such as the recognition of foreign divorces, cross-border custody disputes, and international child abduction cases.

By combining deep local knowledge with international reach, our team is dedicated to achieving the best possible outcomes for our clients while fostering a respectful and amicable environment for all parties involved.