I would like to invite everyone to disscuss this topic: two foreigners with permanent visa married only in Brazil, with 'regime de bens' as 'comuhao parcial', and a Brazilian baby. What would be the process of divorce and the rights for the parents after divorce.
Divorce of foreigners marriage registered only in brazil
enzo36camp
06 February 2013 12:02:50
35
James
11 February 2013 19:53:29
11272
Hi Enzo,
The divorce process is exactly the same for foreigners as it is for born Brazilians. If there has been a judicial separation then you can apply for a judicial divorce, very complicated and time consuming. If there has been a judicial separation or defacto separation of at least one year then you can apply for a divorce in the Cartório provided that you have come to an agreement previously regarding the separation of marital assets, child custody and spousal & child support payments (pensão alimentícia). The law requires that at least one lawyer handle the Cartório Divorce, so provided that you are both in agreement and there is no dispute regarding any of the issues you can use the same lawyer. If there is a dispute obviously you will both need to retain your own lawyers and either negotiate those agreements prior to applying for a Cartório Divorce or you will have to apply for a judicial separation and divorce.
With regard to your permanent visa, you need to be very clear in the wording of the divorce documents that your child, while not residing with the non-custodial parent, is financially dependent on him or her in order to not have a negative affect on your permanent status. If possible and you can arrange for joint legal custody (guarda compartilhada) that would protect you both in regard to status in the country.
What you must understand here is that the issue of permanency in Brazil is NEVER a closed book. It can be reviewed and/or revoked at any time for various reasons, having a Brazilian born child in itself is no guarantee, although it certainly is a very important factor that will always be taken into consideration.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
enzo36camp
11 February 2013 22:55:35
35
Hi WJ,
Thanks for your reply. I am in touch with a lawyer to figure out what to do.
I think I am in a trap, well planned and carefully built, I had started from 0 in Brazil, so I don't care much about money or fortune that I shall loose, but my biggest concern is about my baby. I need to find a better way for her.
Regards
Enzo
James
12 February 2013 00:45:47
11272
Enzo,
Since your child was born in Brazil according to law she will always be considered, first and foremost, a Brazilian citizen while in this country regardless of any secondary citizenship she may have by virtue of citizenship of her parents. Thus she will be treated at all times in conformity of Brazilian laws. Therefore, if by saying that "you need to find something better for her" you are thinking of taking her out of the country that will be virtually impossible unless you either have sole custody, the mother's notarized consent or an Order of the Court.
It is not clear in your postings what your concerns actually are or what you intend to do regarding custody and visitation arrangements. If you wish to send me a private message with more detailed information I possibly can give you some advice as to what you should consider doing and where you should be looking for legal assistance.
Brazilian law until recently, like many countries, has seemed to favor the biological mother as far as custody of minor children goes. This is slowly changing and joint/shared custody is becoming quite common nowadays. If there are no legal reasons that would impede shared custody then I would say that's the way to go, if at all possible. If it becomes a dipute then the only alternative is to procede through the courts.
If there is any legal reason which might affect joint custody then you are in for a really bumpy ride ahead, even in the courts.
You will have to be extremely careful no matter what you do, since if this developes into an all out battle in the courts and gets ugly, there are a great number of ways that your partner's lawyer can make things extremely difficult for you and can put your permanency in serious jeopardy. You need to prevent this from becoming a war between the two of you since the consequences are too many and too serious.
If you need any further information, please don't hesitate to send me a PM.
Cheers,
William James Woodward - Brazil Animator, Expat-blog Team
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