Getting married in Brazil

Well, since I am only going to be there for three weeks, it will be impossible to get married since you have to register your intention to marry at least 30 days before the marriage occurs. Since I do have to come home and work, I cannot extend my stay at this time. I'll just be patient and wait until he can come marry me here.

Hi all,

Just to clear up one point that JohnC made about a foreign marriage for a Brazilian citizen. Once the marriage takes place abroad the procedure is that you get the marriage certificate registered at the Consulado-Geral do Brasil responsible for the area of the country where the marriage took place (may be more than one consulate in many countries) you will be issued a Brazilian marriage certificate by the Consular Cartório (Consular Registry) which is your valid Brazilian marriage certificate. The courts are in no way involved in this.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

I know I had to get my marriage recognized by the court even though the consulate recognized as legit. As wjwoodward has said sometimes they make the rules up as they go along. But according to the consulate in the US this step was supposed to be unnecessary as the consulate had already accepted it as legit. That said check with the Federal Police where you are going as it is different everywhere in Brazil and depends on where you are at as to what they want there is no standardization. And I think in my case it was to put me thru the legal process because I was an American just because they could.

Check the website for the Consulado-Geral do Brasil in New York for the procedure and documents to register a Brazilian citizen's marriage in the USA. This must be done at the Consulate serving your area so it may not necessarily be New York. However they all require the same documents. Courts are not involved and not even mentioned in their official information.

http://novayork.itamaraty.gov.br/pt-br/casamento.xml

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi, I'm getting married in sao Paulo and I wondered if anyone knows where I can find a transcript of what the judge will ask us during the legal ceremony. I know quite a bit of Portuguese but I don't want to get stuck on anything.

Hi lbuzz85,

About the only place you might be able to get a transcript will probably be in the Cartório where you're going to get married. Go ask at the reception desk if they can give you a transcript. There might be a charge... Cartórios NEVER do anything for free.

Cheers,
William James Woodward - Brazil Animator Expat-blog Team

Thanks W - does anyone have any ideas of the kinds of things that will be asked?

The ceremony itself will not be that much different from a traditional church wedding. For the most part the Judge will give a short speech on what marriage is all about, give advice on how to maintain harmony in the relationship. The vows will be pretty much those used all over the world - to love, honor and keep yourself faithful only to your partner. As far as questions go, about the only question the judge will even ask is that you are sufficiently fluent in Portuguese to understand what is going on and of course if you are enterning into the marriage of your own free will and if you know of any impediments that would prevent you from marrying.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi,

Looking for some advice. My partner and I are both Scottish and looking to get married in Brazil next year, we have our heart set on Ilha Grande.

We have emailed the registry office in Angra Dos Reis and are a bit confused by their response:

'Good afternoon,
then to marry here in Brazil one of the couple has to be Brazilian Law is here. But nothing prevents you guys make a ceremony on the Big Island. Sorry for not being able to help.'

Is it possible for us to get married in Brazil? We want to try and organise as much as possible from the UK before we go there.

Any advice would be great.

Thanks

Hello travel1234,

Foreign nationals can enter into Civil Marriage with a Brazilian citizen, however two foreign nationals cannot marry here. The reason for this is that the Civil Marriage process for foreigners requires consent of the Brazilian government, submission of a great deal of documents, birth certificates showing parentage, etc. The process is quite long and drawn out, requiring first applying at the Cartório de Registro das Pessoas Naturais for permission to marry, publishing the banns for thirty days in the Diário Oficial da União (DOU, which is the Official Gazette), then publishing granted permission, followed by the marriage ceremony itself. It can take up to three months to get through it all. The government will not grant permission for marriages to take place in Brazil between two foreigners.

The only alternative you would have is to have a purely symbolic religious cerimony (church marriages do no have the force of law) and in fact for Brazilians can only be carried out following a Civil Marriage in a Cartório. Even though they have no legal effect and that means you would not be considered married in your home country, you might even have trouble finding a priest, pastor or other clergyman who would even be willing to perform such a ceremony, and rarely outside the confines of a church or in some public place. Just not heard of here in Brazil.

Sorry to burst your bubble, but that's just the way things go here in Brazil.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Thank you for your reply wjwoodward.

Just to clarify, even if we registered our intent to marry, publication of the banns, etc we would still not be able to? We plan to travel in south America for about 3 months so thought we would go to Brazil first to organise and then return for the ceremony.

Thanks again.

As far as I understand the legislation, the only marriages that take place in this country are those between Brazilians or Brazilians with a foreign partner. It's my understanding that marriages between two foreigners simply is not permitted.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Hi Everyone,

I am currently in Brazil in SP and went to the cartorio to get married. They are suddenly asking for "atestado consular" of "estado civil". They say it is the consular attestation (of Origin country in Brazil) for "civil status", to prove/certify that I am single.

When I asked in my Indian consulate, they said they don't issue such certificate. I looked up in every forum, all say that it is a document given my the consulate of a country in Brazil. I am confused. Can anybody help?

I guess that depends on the country you are from. Had I decided to marry in Brazil the same document would have been required of us, we married in the US as it was easier. perhaps it is also easier for you to marry in your country.  The consulate of the US will issue such a certificate for American citizens, notarized with the consular seal for a fee I think it is something like $50 for that. Or at least it was when I checked that out. However it is odd that they won't from the Indian consulate but that is up to the consulate of each country. Maybe try a different consulate in Brazil maybe in Rio they will I would call first to find out

Hello ats_maverick,

The document you require is supposed to be issued by the Department of Foreign Affairs in the person's home country.

The Embassy/Consulate of some countries here in Brazil will issue the document for their citizens, but not all of them do. You should phone the Embassy in Brasília to find out if you can have them issue one or obtain one at a Consulate that is closer.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Hi,
Thanks for the info.

My consulate doesn't issue it in Brazil. However, they issue in other countries. That's pretty weird. Also the marriage office in my city (in India) doesn't issue any such document.

Can I just:
1) Go to consulate and make an oath on an affidavit and let them notarize it?
2) Go to the cartorio and write an affidavit/declaration that I am single with all my details and get it notarized by them? Will they do it?

I think the second choice makes more sense as I will be declaring before Brazilian Law (which will issue me the marriage certificate) and if my details are wrong, they can of course take action against me.

I am stuck now!

Hi ats_maverick,

I doubt that the Cartório will accept a sworn declaration. I think your only option now is to contact the Department of Foreign Affairs back in India and get them to issue the document you need.
I'm sure that you can prevail upon the Indian Consulate here to help you get the document delivered here as quickly as possible.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Hi ats_maverick

The document you need is prepared by the notary Advocate in India.Is like simple affidavit that they make in India but with a stamp that it is valid outside India(Atleast they say).After you make the affidavit it will be best you get it attested by MEA atleast.But if you could get it attested by Embassy of Brazil there in India would be best.In that case you can present this document directly to cartorio.If you cannot get it attested by Embassy for some reason you will need to get it attested by Indian Embassy here.This is what they say that they do here in Embassy.

Boa Sorte

Dear William,

I am from India and i want to get married to my long term girlfriend from Brazil and i have some questions in regards to it.

1) I have my Long form Birth Certificate with me, my question is do i have to get this document apostilled by the minister of external affairs in india and then legalize it from Brazilian embassy so that the document will be valid in brazil. if i am not wrong after i come to brazil i can get it translate by local translator so that i can submit it to the brazilian local registrar to get married.

2)Do i have to get all my educational certificate apostilled and legalized so has to use them in Brazil.

3)I am single and my passport also says that i am single. Other than this do i have to produce any other proof that i am single.

4) i have renewed my passport recently, so before issuing the passport police will conduct the background verification before issuing it. will that be considered as police verification done or do i have to get the police check document apostilled and legalized by the brazilian embassy.

Thank you so much in advance
reg LoveRaja

Hi Raja,

I will answer your questions in the same order asked:

1.  Yes, your (long form) Birth Certificate, which must have been issued within the 90 days prior to being submitted for legalization by the Consulado-Geral do Brasil, must also be authenticated by the Ministry of Foreign Affairs before submitting it.

2.  If you want to have university and post graduate degrees recognized in Brazil then, yes, for the revalidation process here your degrees will need to be authenticated by the Ministry of Foreign Affairs. See the separate posting regarding Revalidation.

3.  If your passport indicates you are single, then yes it should be acceptable to the Cartório that there is no impediment to marriage.

4.  No, regardless that there may be a police check in order to obtain your passport the Federal Police here will want the original of a Certified Criminal Record Check issued within the 90 days prior to your departure from your country, this must be legalized by the Consulado-Geral do Brasil. It will not need to be authenticated by the Ministry of Foreign Affairs.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Dear William,

Thank You so Much for replying so soon. You helped me so much. may god bless you.

Hi William,

Im Argentine and planning to marry my 6 year girlfriend in Brazil, and after that applying for Brazilian Nationality.

Questions:

1) Shes from a small town in the province of Maranhao, and her cousin works for the Mayor. She told me its possible that all of the bureacracy can be eschewed if we marry there and get better results because we could pull the right strings. What is your opinion on this?


2) From what I checked I have to be residing 1 year in order to apply for Brazilian Nationality, can I get in and out of the country in the meantime, while adding up 1 year of residence in total?

3) Is the "Regime de Separacao Total de Bens" valid for example assets that you might receive in the future, like an inheritance?
Or you would have to specify that separately in a prenuptial agreement?

Thanks in advance

Hi Gaucho777,

1.) First of all the laws regarding Civil Marriage and Immigration are Federal laws, I doubt that anybody who simply works for a mayor and probably not even the mayor himself could pull enough strings to get you around any of the legal requirements.

Read the following posting regarding the Civil Marriage process and applying for the VIPER Permanent Visa based on marriage:

https://www.expat.com/forum/viewtopic.php?id=280525

2.) I guess you've misunderstood the naturalization process. You CAN apply for naturalization as a Brazilian citizen, if married to a Brazilian ONLY AFTER you have held a VIPER Permanent Visa for one year. So, since it can take up to two years or more to actually get the visa you could be married for 3 or more years before you qualify for citizenship. That is not to say that you WILL necessarily have citizenship granted, it all depends on the Ministério da Justiça and Conselho Nacional de Imigração. Also you must meet all of the other requirements involved in obtaining citizenship. See the following Ministério da Justiça webpage for more information on (ordinary) naturalization:

http://portal.mj.gov.br/main.asp?View=% … 0F4CB26%7D

3.) Regime de Separação Total de Bens is rarely used in Brazil. It means that ALL assets both present and future remain the sole property of each of the individuals. In order to use this regime both parties must attend the Cartório das Notas and register a pre-nuptial agreement stating so.

Separação Total de Bens is the mandatory regime if either of the parties is under 16 years of age or over 70 years of age. See the following link:

http://www.casamentocivil.com.br/index. … al-de-bens

Despite the existence of a pre-nuptial agreement or regime, the Courts could always rule in favor of a spouse who divorces in the future and petitions for a share of assets adquired after the marriage. For example, a couple buys a home after marrying even if one spouse payed for that home completely, if the other spouse contributed in any way, like staying out of the workforce in order to care for the other spouse, care for the home and children, etc., or helped pay for any structural modifications, additions or refurbishing they could sucessfully argue that they were thus entitled to a share of the INCREASE in value that resulted from those contributions. Courts are generally rather generous with such applications especially if the applicant is not easily going to be able to find work or is in financial hardship. So, it is not an iron-clad guarantee by any means that all your assets will remain yours alone.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

Dear Will,

Thank you very much for such a prompt and detailed, useful answer!

One more question: Can you become a resident (while entering and leaving the country no more than 6 months) and while having married a Brazilian but in another country?

Hope you are having a good time in Brazil Enjoy life!

Yes, you can apply for a VIPER Permanent Visa based on marriage even if married abroad. You first must take your foreign Marriage Certificate, all your ID and that of your spouse to the Consulado-Geral do Brasil that serves the city where you live and apply to have it recognized. The Consulado will issue a new Marriage Certificate on the Consular Cartório which is the legally recognized document in Brazil.

At that point you then have two options:

Apply for a VIPER Permanent Visa in your country - takes less time, 3 to 6 months most often, but you CANNOT come to Brazil until it is issued.

Come to Brazil on a VITUR Tourist Visa and apply for the VIPER here - process takes considerably longer, as much as 2 years or more, BUT you are allowed to stay in Brazil and work here until the process is completed. The only drawback is that you can't leave Brazil for more than 90 days at a time until the VIPER is issued.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

Dear Will,

That looks much simpler.

So the roadmap to marriage and citizenship could be the following:

1) Marry in Buenos Aires (im a legal resident here but not her), take it to the Brazilian Consulate OR Marry in Dominican Republic (much faster, easier)

2) Take papers to the Brazilian Consulate either in Buenos Aires or Dominican Republic, wait up to 6 months in most cases and won't go to Brazil (no problem with that) to get residency (VIPER) -what a lovely name by the way-

3) After the VIPER, I apply for naturalization because of marriage to a Brazilian national, this will take 1 year of having the VIPER ID or I will have to spend 1 year in Brazil?

I can deduce that after these modifications regarding your original post we have managed to significantly shorten waiting time and bureaucracy?

Let me know please! Thanks for all your help!

Hello all,

I live in Sao Paulo with my boyfriend. I am here on a tourist visa and must leave by the beginning of March. He wants to move to the US with me to live and work. Soooo to stay together we pretty much have to get married, don't have really any other options. He was thinking it would be easier to get married here in S.P. and then move to Florida with me in March.... I don't know honestly if it would be easier or not.

What all documents would I need to get married here in Sao Paulo? I know I need the long form birth certificate issued within the past 6 months, but what else?
Do you think we would have enough time to get everything in order and get married before March 2014? Or do you think it would be easier for us to get married in USA? I've heard getting married on a tourist visa in USA (which is what he has) is suspect and difficult? This is very frustrating.

Hello A.Clark,

The whole process of getting married in Brazil is outlined here:

https://www.expat.com/forum/viewtopic.php?id=280525

I use the term process because that's exactly what it is. You must first submit all the documents and apply for PERMISSION TO MARRY (Habilitação de Casamento) this takes at least a month or more before permission is finally granted and published.

Once you marry and apply for the VIPER Permanent Visa here in Brazil then you have the right to remain in Brazil and to work until the process is completed.

Getting married in the USA on a Tourist Visa can result in a ban on entering the country several years since it it a violation of US Immigration rules. This would prevent your spouse from returning to the USA with you should you want to visit family there in the future. At the very minimum your boyfriend would require a K-1 Visa, which is extremely difficult to obtain due to the number of fraudulent marriages and the "mail order bride phenonmenon".

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

thanks for helping..
sir i want to know about birth certificate.i have a certificate of birth as the time of birth as a 1985.
so is this important to make it again as you already said in the post of six months prior date.if yes Do you know the process how to do the same? i got my certificate from CMO office poonch and currently i m living in another district but the state is same.so can  i apply the same in my own district office of CMO or i have to go for the same from where it was issue

I don't know how you go about getting a new Birth Certificate in your country, but the rules are very clear here in Brazil. The certificate and any other documents used for the purpose of getting married or immigrating to Brazil must have been issued within the 6 months prior to being submitted to the Cartório, or to the Consulado-Geral do Brasil in your home country for legalization, otherwise they are not considered valid here. In the case of Criminal Record Check/Police Conduct Certificate or whatever else it may be called in your country, this can't be any older than 90 days.

Cheers,

I'm Irish and have been here in Brazil 4months today with my fiancé of the last five years, we are planning on getting married over here and I have a few questions about the whole process! I had my birth cert sent over to me I actually had to apply to get a new one so it was only issued on the 28th of November which solves the problem of it being issued within six months! However, I don't have a stamp from Ireland, from here I am seeing mixed answers about this, am I right in assuming that I can go to the Irish consulate in São Paulo and get it authenticated there? Or does it mean that I have to send it back to Ireland to be authenticated there? Also my tourist visa is going to expire in two months, I can see that this is a lengthy process, what are my options to extend my visa after it runs out up until the time that I get married?
Also the certificate with permission to marry, can that also be acquired at the consulate in São Paulo or from Ireland, I'm concerned if things have to come from Ireland because my time is running out and if I don't receive them in time it's problematic. All post takes two weeks to get to Ireland and two weeks to get back here!
Any and all comments and information is appreciated.

Hi Amiee,

Your time will probably run out anyway, you are aware that you must first apply for "permission" to marry (habilitação para casamento) at the cartório, aren't you? That process takes at least a month since the banns must be published in the Diário Oficial de União and then permission is granted.

Regarding your Birth Certificate, getting it stamped by the Irish Consulate here should be sufficient, I had my Canadian Birth Certificate and Divorce Certificate stamped by the Canadian (Honorary) Consulate in Belo Horizonte, and it was accepted. I don't think they'll even look beyond the fact that it is stamped or actually read what the stamp says.

If you can get a Declaration of Single from the Consulate you can try to submit that too, I'm not sure if you actually can get it through a Consulate or not, but it's worth a try. Same story here, if it has any kind of official stamp on it probably the people in the Cartório will be satified with it. Most of them can't read English anyway.

Just remember that for the VIPER Permanent Visa process that will follow, your Certified Criminal Record Check will have to be issued in Ireland and it must also be legalized by the Consulado-Geral do Brasil in Ireland or the Policia Federal won't accept it.

Cheers,
William James Woodward - Brazil & Canada Expert, Expat-blog Team

hello for all
i am from Algeria and live there , i want marry in Brazil i need some help about what i need like piper to marry , and time ; money and timber, translate piper ..... every thing plz
and how i can to extend touristic visa if i need more time.

Hello ibra khalil

Welcome to Expat.com

Kindly read this thread as from the beginning, there is everything you should need to know here for a marriage in brazil.

For additional infos, or precision, you can however ask for specific questions.

Regards
Kenjee

Hello ibra khalil,

You will also want to read the following topic which give all the information you will need in my very first posting.

https://www.expat.com/forum/viewtopic.php?id=280525

Cheers,
William James Woodward, EB Experts Team

i want permanent brazil visa. my girlfriend is Divorced. agree to marry with me . how to apply for permanent visa. some guide and help me. I shall be very thankful to you

I maybe should post this somewhere, anyway, I'm 18 years old, and my girlfriend lives in the U.S., she is 16, I know 16yo can marry with parental conscent(which we have) in her state(Tenessee) and here on Brazil, so can we have a inter-country marriage? And can it be made while she is on Brazil?

  why no