Hi, I would like to invite everyone to help me with this.
I am a girl from China and currently doing business in Rio De Janeiro. I met a Chinese guy who also runs business in Rio De Janeiro. In 2011, we met and fell in love, and live together happily. As both of us are quite busy, we don't have time to go back to China for marriage registration; and he told me that he is a traditional Chinese man and only wants to register in China. Then the registration of our marriage was postponed. As I love and trust this guy, I got pregnant and gave birth to our baby boy in 2012. We love this baby so much, and I believe this bay makes our marriage perfect. 
However, I do not realize everything is just a delusion until I found this man is married and previously registered in Brazil. I was cheated by this man! I tried to speak to him, but what I got was an indifferent face. He insisted not to register for marriage. I am so shocked and disappointed. 
After a few negotiations, I make up my mind to wipe my tears away and fight for my rights. 
My current burning problem is lack of legal registration of our marriage. Some of my friends told me that it should be a common-law marriage, in which I am also protected by the law.
I would like to invite everyone to help me how to handle my current situation.
Can I sue this man in Brazil?
How to prove our common-law marriage?
Please kindly help me!!!
Thank you very much!
Please help me with my desperate marriage!
If you and the man have lived together publicly for one year you have exactly the same legal rights as if you were married under regime de comunhão de bens parcial (i.e. 50/50 share of everything acquired since you've been together) it is unlikely any courts would order support payments for you, since you work.
Your child has a legal right to be registered in the father's name, whether the father likes it or not. If he won't voluntarily register the child in his name then you can bring on a legal action for "Reconhecimento da Paternidade) and he will be ordered by the courts to either admit paternity or submit to a DNA exam. Once paternity has been established he will be required to pay child support "Pensão Alimentícia", which should be set relative to his income, but don't expect much and if he has his own business he may be able to hide part of his income.
To prove the relationship you need a rent contract or purchase contract for property that lists both names, utility bills in both names (one or the other) coming to the same address, maybe a joint bank account, neighbors statements, anything that can prove how long you've been living together.
I might add that proving the relationship between you and the child's father isn't really worth the effort since it's not going to do you much good, especially if there aren't many "marital" assets involved and you won't qualify for support from him. Unless you have some religious or cultural need to prove it I wouldn't bother.
Your child is a whole different story, and the child's rights are the same whether you 'prove' the relationship or not. All that is necessary is proving paternity and that is done through the courts. The father has no say in the matter. He will either admit to being the childs father or be ordered to undergo DNA testing to prove paternity. The full weight of the law is on the child's side and you can believe me when I tell you, this is the ONLY area of Brazilian law that the courts really do work properly. They won't spare any efforts to go after this man for the child's rights.
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