Divorce Lawyers Brazil
Santos Law Firm Specialist in Family Law, Divorce, Sharing of Assets, Guard and Pension.
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Divorce Lawyers Brazil:
We serve clients in Brazil in divorce cases – As an expert divorce lawyer, we defend the rights of our clients in Direct Extrajudicial Divorce in a Notary, Friendly or Litigious Judiciary, as well as intermediation.
We work by hand, aiming to adopt the best defense techniques in each case, aiming to solve the case in the shortest time and in the best possible way.
Below, the Divorce Specialist Lawyer will inform you about the biggest doubts and the step by step to carry out the divorce.
What is Divorce?
Divorce is a legal term that determines the definitive termination of the civil marriage bond, putting an end to society and the marital bond.
With Divorce, the duties of marriage end, such as the duties of fidelity, cohabitation, property regime, etc.
With the completion of the divorce, the person does not return to being single, signing, after the act, as divorced.
Divorce is in the Brazilian Civil Code, being one of the causes of extinction of the marriage, so written … Art. 1,571. The conjugal partnership ends: … I – for the death of one of the spouses, … II – for the nullity or annulment of the marriage, … III – for the judicial separation, … IV – for the divorce.
When the couple decides to divorce, it is important to resolve issues such as alimony, regulation of custody of minors and visits (if the couple has minor children), sharing of assets (if applicable) because, the non-regularization of such items, often because the couple is still very friendly, it usually brings future problems.
How to Divorce? Divorce can be done as follows:
- Extrajudicial in Notary: When the couple accepts the terms of the divorce and does not have minor children, incapable and neither the spouse is pregnant – it is usually very fast, in up to 2 days – including via Power of Attorney;
- Judicial (in the Court): When the couple accepts the terms of the divorce, however, there are minor children, incapacitated and or the spouse is pregnant. It has to be done in the forum and have the public prosecutor’s opinion on the interests and well-being of the minor / incapacitated.
Litigious: When the couple does not accept the terms of divorce, custody of minor children, alimony, visit or sharing of assets – It has to be done in the forum and have the opinion of the prosecutor on the interests and well-being of the minor / incapacitated and it is usually time-consuming and more costly – there are cases in which it can last 10 years, depending on the amount of resources that each party proposes.
How to Divorce? The parties must look for a divorce specialist, who will, according to the requirements above, decide, with the couple, the best way to proceed.
Documents for Divorce and Extrajudicial Separation: for the Divorce to take place, the couple must present some documents, such as:
- Updated marriage certificate up to 90 days from date of issue – must be obtained from the registry office where the wedding took place.
- ID of both spouses and Power of Attorney;
- Proof of residence for both spouses;
- Birth certificate of all children
- If the couple has assets, it is necessary to present all certificates of ownership of real estate, land, vehicles and also of possible bank accounts and investments.
If the couple is going to share movable assets, it is necessary to make a list of assets, making it clear (if it is consensual) who gets what, and if it is litigious, the judge will do the division – there is no need to collect furniture invoices from home.
Division of debts acquired in the marriage: The couple does not divide in the divorce, only assets, but also rights and duties, that is, if the couple has debts, these must be divided.
If the Divorce is consensual, the parties can agree on these debts, including that it is only for one payment – for example, a financed property, the couple decides that a party will keep the property and assume the debts.
In this case, normally, the debts and what has already been paid are added up and the couple makes an “arrangement” between them.
The law determines the division of assets, rights and obligations, in the form of the regime of assets chosen by the couple, so, if in doubt, just look at the regime of assets, that is, partial communion of assets, all acquired after the wedding, including debt, is divided equally for both.
In the total separation of assets, each one assumes its debts and keeps its assets, without the “mixture” of assets, rights and obligations.
And what about pet custody? The Law does not deal with pets and pets, but if the divorce is consensual, the parties can, in the same way as it would with a minor, determine how custody and health and food expenses are.
If the parties do not agree, the judge will decide what is best for the pet.
What about divorce with children? If the couple has minor children, it is extremely important to regulate, together with the divorce process:
Guard Regulation: Guard can be:
Unilateral, where one parent has custody and the other has the right to visits;
Shared, where the child (ren) lives with a parent who has physical custody, however, the rights and duties in relation to the health, education, leisure of the minor (s) are joint;
Alternate and decision-making power over the child, where the minor (s) moves (s) in equal and pre-established periods; and;
Temporary unilateral, where one of the parents gives custody of the child (ren), for a specific reason, for a certain period of time and can then request it again.
Regulation of visits: Normally visits are fixed on weekends and alternate dates, the visits being distributed, so that there can be weekly balances, weekends, holidays and anniversaries.
The couples or the judge, recommends a certain rotation, such as alternating, for example, father’s birthday with father, mother’s birthday with mother, birthday of the child at lunch with one and dinner with another, Christmas with the mother and new year with each other, and so on.
Food regulation: Many think that there is a fixed amount and that in any situation there is alimony – the answer is it depends: for minor children it is always mandatory, if the couple does not reach an agreement – but for ex-spouse, only if he is unable to work for a living.
Is there a fixed amount for alimony? Many couples think the alimony is set at 30% and that’s it.
There is no fixed rule in the law, which is determined by the need of the person who will receive the pension and the possibility of who will pay.
It is no use for one party to want a pension that corresponds to 70% of the other party’s income, just because they have 3 children or because the standard of living was high when they were still married.
If it is consensual, the parties can agree the terms of the alimony, custody of the child and visits, but if there is no agreement, in the litigious divorce, the judge will determine, based on the income of the payer, the need of the recipient, among other variables.
For example, there are couples in which one spouse supports the home and the other spends household chores. This person who takes care of the home also has expenses, and support is provided by those who work outside the home. With divorce, whoever has the source of income must guarantee a minimum of support until the other spouse starts working or remarries. The judge will give the other a period of several years to receive the pension analyzing each case.
All this because it is the duty of the State to ensure the right to life, health, food, education, leisure, professionalization, culture, dignity, respect, freedom and family life for children and adolescents. and community and keep them safe from all forms of neglect, discrimination, exploitation, violence, cruelty and oppression – these are the issues addressed by the judge and prosecutor in determining custody, alimony and visits.
Always consult a Divorce Lawyer before starting the process, it is usually faster and less costly.
What is the difference between separation and divorce? The legal separation practically ceased to exist as of 2007 – this was considered a stage before the divorce, where the parties no longer had the duties of marriage as fidelity, cohabitation, common life, taking care of children, etc.
In the past it was necessary to carry out the separation, wait 2 years and then ask for a divorce, but with the change of the law, the parties can ask for a direct divorce, without the need for separation and waiting for this time.
Litigious divorce with property sharing: in this case, each party must hire a lawyer, who will take care of their interests, must be in the forum and the decision will be up to the judge, on all issues, such as divorce, custody, visit, pension and sharing of assets (if the couple does not decide, the judge may auction the assets and divide the amount obtained between the two – often losing property).
Quick divorce: the quickest way to carry out the divorce is through consensual means, that is, the parties accept the terms of the divorce – the sharing of assets, custody, visit can even be done in a specific litigious action, but being consensual, it can be done quickly in the forum or in the registry office.
Divorce how much does it cost? What is the value of divorce? The couple who decides to divorce will bear the court fees (if done in a forum) court costs (if it is out of court) attorney fees (if they are an attorney, they do not pay the lawyer) and possible taxes for transfers of assets.
The BAR of Brazil, in its fee schedule, determines the amounts on the divorce, whether consensual or litigious, limiting to 6% of the total value of the assets to be divided.
If there are no assets, there is a specific table, but nothing prevents a negotiation with your divorce lawyer.
Founded in 2007, Divorce Lawyer | Santos is a Law Firm that works in the most diverse areas of law, through its specialist lawyers and partners located in Brazil and abroad.
With our Divorce Specialist Lawyer, working in an integrated manner, we take care of complex routine and multidisciplinary cases that require coordinated direction from experienced professionals in the most different areas.
Our lawyers, trained in the best universities in the country and many with specializations, MBAs and Postgraduate, thus providing the best tactics, strategy and experience in practice, both in simpler and more complex cases.
Our services range from preventive legal advice, lawsuits, defenses in the most diverse instances, in addition to appeals and oral arguments in the most diverse courts in the country.
Our main objective is to act, in an artisanal way, in each case, identifying the needs of our customers and developing more and more, personalized solutions, aiming to solve the cases in the best way and in the shortest possible time.
In addition to our presence in São Paulo, with a unit in downtown São Paulo and another in Morumbi, our divorce lawyer has units in Osasco and Barueri- Alphaville, thus being able to serve the capital, greater São Paulo, Litoral and Interior .
We also have partners in Brasília Supreme Court, as well as in all states of the federation.