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Marriage in Brazil

Last activity 20 December 2023 by abthree

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Gbawekanu

I'm seeking advice on planning my wedding to my Brazilian fiancée and handling the related legal requirements.

I currently reside in the UK, while my fiancée resides in Brazil. We are aiming for a wedding in Brazil this February.

We're both previously divorced; I was born in Malaysia and have been in the UK for over 30 years.

Since Malaysia isn't part of the Apostille Convention, my birth certificate cannot be apostilled. The Malaysian consulate in London offers a 'Legalisation' service instead.


Here's a list of documents I have collated from other threads:

For me:

Original passport

Original birth certificate

Criminal record certificates

Original divorce certificate

Original marriage certificate


For my fiancée:

Brazilian Identity Card ("RG")

Previous marriage certificate and divorce decree.


I have a few questions:


What's the expected timeline for receiving the CRNM card, considering I plan to stay in Brazil for about three months initially?


To keep my residence visa valid, how frequently must I visit Brazil, given my flexible business commitments in the UK?


Will the ‘legalisation’ of the Malaysian Birth certificate be acceptable for Brazilian authorities?


An attorney in Brazil advised my fiancée that the sworn translation and apostille of documents can be done in Brazil. Is this accurate?


Are there any additional documents I should prepare?

abthree

11/13/23 @Gbawekanu.  Your biggest problem will be that the Brazilian Federal Police will expect your Birth Certificate to be legalized at a Brazilian Consulate in Malaysia.   You should contact the nearest Brazilian Consulate in the UK to ask whether a Malaysian Birth Certificate legalized by the Malaysian Consulate in Britain will be accepted in Brazil.


Sworn Translations can be obtained in Brazil, and should be.  Apostilles cannot be obtained in Brazil;  your fiancée's attorney may be thinking of services you can pay to obtain apostilles in the countries of issue.   These services are available, but take time.  Check their websites for the requirements.


Your British documents, including prior marriage certificates and divorce decrees, require British apostilles.  Any documents from Malaysia follow the same procedure as your Birth Certificate.


Your passport should not require legalization/apostille or a Sworn Translation, but the Federal Police may require a translation of the identity pages.


When you have your Brazilian Marriage Certificate, you can apply for your CRNM.  Your application will only be accepted when all of your documentation is complete and correct.   Your CRNM should be available for pickup one to two months after your application is accepted.   It cannot be mailed, but can be picked up by a trusted person with a Brazilian Procuração, a Power of Attorney.


A CRNM remains valid until its expiration date unless the holder is absent from Brazil for two continuous years.

Gbawekanu

Thank you very much for your detailed response abthree.


I have sent two emails, one to the Brazilian consulate in London asking  whether a Malaysian Birth Certificate legalized by the Malaysian Consulate in Britain will be accepted in Brazil.


The second email was to the Brazilian consulate in Malaysia, asking whether the legalization service can be performed remotely without the need for physical presence.


If the Brazilian consulate in London confirms the acceptability of the Malaysian Birth Certificate legalized by the Malaysian consulate in London, would this confirmation be legally binding for the Policia Federal, as I believe they are distinct entities?

abthree



11/13/23 If the Brazilian consulate in London confirms the acceptability of the Malaysian Birth Certificate legalized by the Malaysian consulate in London, would this confirmation be legally binding for the Policia Federal, as I believe they are distinct entities?
   

    -@Gbawekanu


It wouldn't necessarily be binding, but it would probably be persuasive, especially if presented with a Sworn Translation.   The real purpose for your Birth Certificate is only to provide authoritative evidence of your parents' names, so the PF can afford to be a little flexible on it.

Shahbaz Shaikh786

@Gbawekanu i have married to my fiance last month in santo andre, sao Paolo. The process was fast and easy. Here they just asked me for birth certificate apostille and single status certificate. After the translation I also had to register in another cartorio the translated certificates. After that I booked my date and in a week I got married. For RNM they asked me police clearance certificate just translated. And now I am just waiting for the card to arrive I checked the site today is already printed and in transit. I think your Malaysian birth certificate will work. The problem I normal encountered is bcoz of the changes. There is a lot of confusion around. No one exactly know the process. And there is also stable union option it's easier and less stressful. You can ask there too. If you want you can message me personally and I will share the pics of documents

Gbawekanu

@Abthree


I am not sure why the previous marriage certificate is required.


It was returned during the divorce, and the Decree Absolute is the evidence of my marital status.


Is the Decree Absolute sufficient, or do I still need the marriage certificate as I am sure if they are going to give me back.

abthree


12/20/23   @Abthree I am not sure why the previous marriage certificate is required.It was returned during the divorce, and the Decree Absolute is the evidence of my marital status.Is the Decree Absolute sufficient, or do I still need the marriage certificate as I am sure if they are going to give me back.        -@Gbawekanu


I read your first post as saying that you have the Marriage Certificate from your first marriage in hand.


Brazil requires both the marriage certificate and the divorce decree for any previous marriage, and the cartório will expect to see both in order to marry you. If the standard practice in Malaysia is for the courts to keep the original Marriage Certificate and replace it with the "Decree Absolute" when a divorce is granted, then you'll have to explain that to the cartório, and ask them to make an exception in your case.

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