Brazil Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Brazil.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
No-fault (direct divorce since 2010)
Waiting Period
None
Average Cost
BRL 2,000–50,000+
Property System
Comunhão parcial de bens (partial community) default
Residency
Residence in Brazil
Divorce Law in Brazil: Overview
Brazil eliminated all separation requirements in 2010 with Emenda Constitucional 66, allowing direct divorce without any waiting period or grounds. For mutual consent divorces without minor children, the entire process can be handled at a cartório (notary office) without setting foot in a court — making Brazil one of the fastest and simplest divorce systems in the Americas. Joint custody has been the legal presumption since 2014 (Lei 13.058). Brazil's default property regime is partial community (comunhão parcial de bens), where only assets acquired during the marriage are shared.
Key Legislation
Emenda Constitucional 66/2010
Eliminated separation requirement — direct divorce with no waiting period.
Lei 13.058/2014
Joint custody (guarda compartilhada) as the default presumption.
Código Civil Articles 1.571-1.582
Divorce provisions, property, and effects.
Lei 11.441/2007
Allows extrajudicial divorce at notary office for mutual consent.
Grounds for Divorce
- ●No grounds needed since 2010
- ●Either spouse can file unilaterally
- ●No separation period required
How to Divorce in Brazil: Step-by-Step
Choose path
Extrajudicial (notary) if mutual consent, no minor children, no pregnant spouse. Otherwise judicial.
Notary divorce
Both spouses appear with lawyers at a cartório. Can be done in a single session.
Judicial divorce
File at the local Vara de Família (family court). Required if children involved.
Partilha de bens
Property division — can be done at divorce or later.
Certidão de divórcio
Divorce certificate issued. Registered in the civil registry.
Recent Legal Reforms
EC 66/2010: direct divorce, no separation requirement, no grounds needed.
Lei 13.058: joint custody presumption — courts must justify sole custody.
Extrajudicial divorce at notary offices authorized.
What Makes Brazil Divorce Unique
- →Divorce at notary office: fast, cheap, no court needed (for mutual consent without children)
- →No grounds and no waiting period since 2010
- →Joint custody is the legal presumption — sole custody must be justified
- →Property division can be deferred and completed after the divorce
Brazil Divorce Statistics
~35% of marriages (rising)
Divorce rate
~40% of all divorces (growing)
Notary divorces
1-2 weeks
Average duration (notary)
6-18 months
Average duration (judicial)
Brazil Divorce Guides
Brazil Property Division
How assets and debts are divided
Brazil Spousal Support
Maintenance and alimony
Brazil Child Custody
Custody and parenting arrangements
Brazil Divorce Process & Timeline
Steps and how long it takes
Brazil Divorce Costs
Fees, costs, and legal aid
Brazil Child Support
Financial support for children
Brazil Uncontested Divorce
When both spouses agree
Brazil Divorce Mediation
Alternative dispute resolution
Brazil Divorce & Taxes
Tax implications of divorce
Brazil Domestic Violence & Divorce
Safety and legal protections
Every situation is different
Our AI advisor can help you understand divorce in Brazil. Tell us about your situation for personalized guidance.
Talk to AI Advisor →Was this helpful? Help us keep it free.
divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.
Know someone going through a divorce? This could help them.
Legal Disclaimer: This article covers Brazil divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Brazil for advice specific to your situation.