Getting Married in Brazil as a Foreigner: Legal Requirements & Documentation

What Makes Getting Married in Brazil Different for Foreigners?

Marriage in Brazil is a civil act governed by the Codigo Civil (Lei no 10.406/2002), specifically Articles 1.511 through 1.590, and administered by the Cartorio de Registro Civil das Pessoas Naturais (civil registry office). Unlike countries where marriage can be performed by religious officiants with automatic legal recognition, Brazilian law requires either a civil ceremony at the cartorio or a religious ceremony that is subsequently registered with a cartorio within 90 days. Without cartorio registration, no marriage exists in the eyes of Brazilian law.

For foreign nationals, the process involves additional documentation requirements, apostille or consularization procedures, and sworn translations that add both cost and time. The marriage itself creates immediate legal consequences under Brazilian law — property rights, inheritance rights, visa eligibility, and tax obligations — that may differ substantially from what the foreign spouse expects based on their home country’s legal system.

“Every foreign client asks me: can we just get married at the consulate? The answer is almost always no, unless both spouses are nationals of the same country and the consulate performs marriages. For mixed-nationality couples, the Brazilian cartorio is the only path to a legally recognized marriage.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

For related guidance on family law matters, see our overview of legal issues for binational families.

What Documents Must a Foreign Spouse Present?

The documentation requirements for a foreign national marrying in Brazil are defined by Lei no 6.015/1973 (Public Records Act), the Codigo Civil, and complementary regulations from the CNJ (Conselho Nacional de Justica). Each cartorio may apply slight variations, but the core requirements are consistent nationwide.

Mandatory Documents for the Foreign Spouse

1. Valid Passport The passport must be valid for the duration of the marriage process (at least 6 months recommended). The cartorio will photocopy the identification pages and any Brazilian visa stamps.

2. Birth Certificate with Apostille The foreign birth certificate must bear an Apostille under the Hague Apostille Convention, to which Brazil has been a party since August 14, 2016 (promulgated by Decreto no 8.660/2016). If the issuing country is not a Hague member, the document must be consularized — authenticated by the Brazilian consulate in the issuing country. The birth certificate should be recent (typically issued within the preceding 6 to 12 months, depending on the cartorio’s requirement).

3. Certificate of No Impediment to Marriage (Certificado de Capacidade Matrimonial) This document — known as a “certificate of freedom to marry,” “single status affidavit,” or “nulla osta” depending on the country — confirms that the foreign national is legally free to marry. It must be apostilled or consularized. Some countries do not issue this certificate; in such cases, the foreign national can execute a declaracao juramentada (sworn declaration) at the Brazilian consulate in their home country or at a cartorio de notas in Brazil, attesting that they are single, divorced, or widowed and free to marry.

4. Divorce Decree or Death Certificate (if applicable) If the foreign spouse was previously married, an apostilled final divorce decree or the death certificate of the former spouse is required. Two different rules apply to a foreign divorce, and the distinction decides months of your calendar:

• A consensual foreign divorce needs no STJ homologation at all. Since 18 March 2016, CPC art. 961, §5 provides that “a sentença estrangeira de divórcio consensual produz efeitos no Brasil, independentemente de homologação pelo Superior Tribunal de Justiça”. It can be taken straight to the civil registry for annotation, and §6 lets any judge examine its validity if the question is raised in a case before them. This is general — not a concession made only for the marriage file.
• A contested foreign divorce still requires STJ homologation, as do foreign decisions on support, custody or the division of property. Those are outside the §5 carve-out.

If you are remarrying on the strength of a decree that has not yet been annotated in Brazil, deal with the recognition step first — see getting a foreign divorce recognised in Brazil.

5. Sworn Portuguese Translation Every foreign-language document must be translated into Portuguese by a tradutor publico juramentado (certified public translator), registered with the Junta Comercial of the relevant state. Unofficial translations, including those done by the foreign national or a bilingual friend, are not accepted. Translation costs range from R$200 to R$600 per document depending on length and language.

6. CPF Registration A CPF (Cadastro de Pessoa Fisica) is required for the foreign spouse. It can be obtained through the Receita Federal website, at a Brazilian consulate, or at authorized Banco do Brasil or Correios locations.

7. Proof of Legal Presence in Brazil Tourist visa stamp, residence permit, or migration card (Cartao de Registro Nacional Migratório). The foreign spouse does not need to be a permanent resident to marry in Brazil — tourists can marry.

Documents for the Brazilian Spouse

The Brazilian partner presents their RG (identity document), CPF, birth certificate (issued within the past 90 days by the cartorio where the birth was registered), and proof of residence. If previously married, the averbacao (annotation) of divorce or death on the original birth certificate is required.

“The document collection phase is where most foreign couples lose time. A missing apostille, an expired birth certificate, or an untranslated divorce decree can delay the process by weeks. I advise starting document preparation at least 3 months before the intended wedding date.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

How Does the Cartorio Marriage Process Work Step by Step?

Step 1: Habilitacao de Casamento (Marriage Qualification)

Both partners appear at the Cartorio de Registro Civil in the district where either spouse resides (or where the ceremony will take place) and submit all required documents along with a formal petition to marry (requerimento de habilitacao). The cartorio charges a fee (taxa de habilitacao) that varies by state, typically R$150 to R$400.

The registrar reviews the documents for completeness and legal compliance. If any document is missing, expired, or improperly apostilled, the registrar will issue a written list of deficiencies (exigencia) and the process pauses until the deficiencies are corrected.

Step 2: Publicacao dos Proclamas (Publication of Banns)

Once the documents are accepted, the cartorio publishes marriage banns (proclamas or editais) for fifteen days as required by Article 1.527 of the Codigo Civil. The banns are posted at the cartorio and, in some jurisdictions, published in the Diario Oficial (official gazette). The purpose is to allow any person to raise a legal impediment to the marriage (such as an existing marriage, consanguinity, or legal incapacity).

In practice, objections are extremely rare. If an objection is filed, the registrar suspends the process and refers the matter to a judge, who decides whether the impediment is valid.

Step 3: Certificate of Marriage Qualification (Certificado de Habilitacao)

The habilitacao itself is filed in person before the Civil Registrar, with the participation of the Ministerio Publico (CC art. 1.526, in the wording given by Lei 12.133/2009 — it is no longer a judicial proceeding), and it must carry the five documents listed in art. 1.525: a birth certificate or equivalent; any consent required from those under whose legal dependency a party stands, or the judicial act supplying it; a declaration by two adult witnesses that no impediment exists; a declaration of civil status, domicile and current residence of the couple and of their parents where known; and, where a previous marriage ended, the death certificate, the final annulment judgment, or the registered divorce decree.

After the banns period expires without objection, the cartorio issues a Certificado de Habilitacao whose efficacy is ninety days from the date it was extracted (CC art. 1.532). The ceremony must take place within this window; if it lapses, the entire habilitacao process must be repeated.

Step 4: The Civil Ceremony (Celebracao do Casamento)

The civil ceremony is performed at the cartorio by the oficial de registro (registrar) or a designee. Both spouses must be present in person (proxy marriages are permitted only in exceptional circumstances under Article 1.542 of the Codigo Civil and require a procuracao especial — special power of attorney — with specific identification of the intended spouse).

The ceremony requires two witnesses over 18 years of age. The witnesses do not need to be Brazilian citizens. The registrar reads the legal obligations of marriage, asks each party to confirm their consent, and declares the marriage. The entire ceremony typically lasts 15 to 30 minutes.

Step 5: Marriage Certificate (Certidao de Casamento)

The cartorio issues the Certidao de Casamento (marriage certificate) immediately after the ceremony. This document is the official proof of marriage in Brazil and is required for all subsequent legal actions: name changes, visa applications, property transactions, and inheritance claims.

For use abroad, the marriage certificate must be apostilled at a cartorio authorized to issue apostilles under the Hague Convention. The apostilled certificate is then recognized in all Hague member countries without further authentication.

What the registry stage costs

Fees are set by state and vary; the São Paulo range is indicative rather than national.

Realistic total from the start of document gathering: 45 to 90 days. Add a prenuptial deed, and the notary appointment has to be scheduled and executed before the ceremony — see prenuptial agreements in Brazil.

What About Religious Ceremonies?

Religious ceremonies (casamento religioso) are common in Brazil, particularly Catholic weddings, but they have no legal effect unless registered with a cartorio within 90 days of the ceremony, as provided by Article 1.515 of the Codigo Civil. The religious officiant must complete a termo de casamento religioso (religious marriage record) with the same information required for a civil ceremony, and both spouses and witnesses must sign.

Most couples choose one of two approaches:

• Civil ceremony first, followed by a separate religious ceremony (the most common approach for foreigners)
• Combined religious and civil ceremony (casamento religioso com efeito civil), where the religious ceremony is pre-authorized by the cartorio and the officiant handles both the religious and civil formalities simultaneously

The combined approach requires advance coordination between the cartorio and the religious institution and is more common in Catholic marriages where the parish has an established relationship with the local cartorio.

How Do Property Regimes and Prenuptial Agreements Affect the Marriage?

Every marriage in Brazil operates under a regime de bens (property regime) that determines how assets acquired before and during the marriage are owned, managed, and divided in the event of divorce or death. The choice of regime is a critical legal decision that must be made before the marriage — changing the regime after marriage requires a judicial petition under Article 1.639, Section 2 of the Codigo Civil.

The Four Property Regimes

1. Comunhao Parcial de Bens (Partial Community of Property) — the default regime if no prenuptial agreement is signed. Assets acquired during the marriage belong to both spouses equally. Pre-marital assets and inheritances remain individual property.

2. Comunhao Universal de Bens (Universal Community of Property) — all assets, past and present, belong to both spouses. Rarely chosen by foreigners due to its breadth.

3. Separacao Total de Bens (Total Separation of Property) — each spouse owns only their individual assets. Required by law (separacao obrigatoria) for spouses over 70 years of age under Article 1.641.

4. Participacao Final nos Aquestos (Final Participation in Acquired Assets) — each spouse manages their own assets during marriage, but acquired assets are divided equally upon dissolution. Uncommon in practice.

To select any regime other than the default, the couple must execute a pacto antenupcial (prenuptial agreement) at a Cartorio de Notas (notary office) before the marriage ceremony. The pacto antenupcial must be registered with the Cartorio de Registro de Imoveis (property registry) to be effective against third parties. Timing is critical: the prenuptial agreement must be signed before the habilitacao process is complete and the ceremony is performed.

“The single most consequential legal decision in any international marriage in Brazil is the property regime. Most foreign spouses default into partial community without understanding that every real estate purchase, every bank account balance increase, every investment gain during the marriage is automatically shared. A prenuptial agreement costs a fraction of what a contested divorce costs.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

For a detailed analysis of prenuptial agreements, see our dedicated guide to prenuptial agreements in Brazil.

Can the Marriage Be Celebrated at a Consulate Instead?

This is the most persistent misconception on the subject, and the rule is narrower than people expect.

A foreign consulate in Brazil can only marry a couple who are both its own nationals. LINDB art. 7º, §2º permits the marriage of foreigners before the diplomatic or consular authorities *“do país de ambos os nubentes” — the country of both parties. A mixed-nationality couple, and in particular a foreigner marrying a Brazilian, cannot use that route. For them the Brazilian cartório is the only path to a marriage Brazil recognises.

A marriage celebrated in Brazil is governed by Brazilian law as to impediments and the formalities of celebration, whatever the parties’ nationalities (LINDB art. 7º, §1º).

Brazilian consulates abroad are a separate matter: CC art. 1.544 contemplates the marriage of a Brazilian celebrated abroad before foreign authorities or before Brazilian consuls.

Registering a marriage celebrated abroad

Where a Brazilian marries outside Brazil, the marriage must be registered in Brazil within 180 days counted from the return of one or both spouses — not from the wedding — at the registry of their domicile or, failing that, at the 1º Ofício of the state capital where they come to reside (CC art. 1.544). The transcription mechanism itself is Lei 6.015/1973, art. 32: records of marriage of Brazilians abroad are authentic under the law of the place where they were made, and are transcribed at the 1º Ofício of the registrant’s domicile — or of the Federal District where no domicile in Brazil is known — when they are to produce effects here. Until that transcription is done, Brazilian authorities do not treat the marriage as legally effective, which will stall a residence application, a property transaction or an inventário.

How Does Name Change Work After Marriage in Brazil?

Under Article 1.565, Section 1 of the Codigo Civil, either spouse may add the other’s surname to their own at the time of marriage. This is not automatic — the spouse must request the name change during the marriage process, and the new name is recorded on the marriage certificate.

Key points for foreign nationals:

• The name change is effective immediately in Brazil and is reflected on the marriage certificate, updated RG, CPF, and all Brazilian documents.
• The name change does not automatically apply in the foreign spouse’s home country. The foreign national must petition their country’s authorities (usually through their consulate in Brazil) to update their passport and civil records.
• Some countries (notably the US and UK) accept the Brazilian marriage certificate as sufficient basis for a passport name change; others require additional documentation.
• The foreign spouse can choose to use different names in each country — their original name abroad and the married name in Brazil — but this creates practical complications with immigration, banking, and property records.
• Name changes can be reversed in the event of divorce, but the process requires a formal request during or after divorce proceedings.

What Special Considerations Apply to Same-Sex Marriage?

Same-sex marriage has been legally recognized throughout Brazil since May 14, 2013, when the CNJ (Conselho Nacional de Justica) issued Resolucao no 175/2013, prohibiting all cartorios from refusing to perform same-sex marriages or convert same-sex stable unions into marriages. This resolution followed the landmark STF (Supremo Tribunal Federal) judgment in ADPF 132 and ADI 4.277 (2011), which unanimously recognized same-sex stable unions as constitutionally protected family entities under Article 226 of the 1988 Constitution.

Same-sex couples, including those involving one or two foreign nationals, follow exactly the same documentation and procedural requirements as opposite-sex couples. No cartorio may impose additional requirements, request justification, or delay the process based on the sexual orientation of the parties. If a cartorio official refuses to perform a same-sex marriage, the couple can file a complaint with the Corregedoria-Geral de Justica (judicial oversight body) of the relevant state, and the official faces disciplinary sanctions.

For a comprehensive overview of LGBTQ+ legal protections in Brazil, see our guide to LGBTQ+ rights for expats.

What Happens After the Marriage Is Registered?

Once the marriage certificate is issued, several immediate legal consequences follow:

Visa and Immigration Implications

A foreign national married to a Brazilian citizen can apply for a permanent residence visa under Lei no 13.445/2017 (the Migration Act) and Decreto no 9.199/2017. The marriage itself does not automatically confer residence rights — the foreign spouse must apply through the Policia Federal or the Ministerio da Justica and demonstrate the genuine nature of the relationship. Fraudulent marriages for immigration purposes carry criminal penalties under Article 309 of the Codigo Penal.

For detailed guidance on family-based visas, see our guide to family reunion visas.

Property and Succession Rights

The property regime chosen at marriage immediately governs all asset transactions. The surviving spouse’s inheritance rights are defined by Articles 1.829-1.832 of the Codigo Civil and differ based on the property regime.

Tax Obligations

Married couples in Brazil can file joint or separate income tax returns with the Receita Federal. The choice depends on the couple’s income structure and whether one spouse is a non-resident for tax purposes.

“Marriage in Brazil is not just a personal commitment — it is a comprehensive legal act that restructures property rights, inheritance, tax obligations, and immigration status. Every international couple should consult a lawyer before the ceremony, not after.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

What Common Mistakes Do Foreign Couples Make?

Based on our experience advising hundreds of international couples through the Brazilian marriage process, several recurring errors cause unnecessary delays, expense, and frustration.

Arriving with Expired or Improperly Authenticated Documents

The most common mistake is arriving in Brazil with documents that do not meet cartorio requirements. Birth certificates issued more than 6-12 months ago may be rejected. Apostilles applied to photocopies rather than original documents are invalid. Documents apostilled in a country different from the issuing country are not accepted. We recommend obtaining fresh copies of all required documents and having them apostilled in the issuing country no more than 3 months before traveling to Brazil.

Underestimating Translation Timelines

Sworn translators (tradutores juramentados) in Brazil are licensed professionals, and the most experienced ones in major cities carry backlogs of 1-3 weeks. During peak wedding season (October through March in Brazil), wait times can extend further. Couples who arrive expecting same-day translation service are frequently disappointed. We recommend identifying a sworn translator before traveling and sending documents in advance when possible.

Failing to Research Property Regime Implications

Many foreign couples marry under the default partial community regime without understanding that it makes the Brazilian spouse an automatic co-owner of every asset acquired during the marriage. For couples where one spouse has significantly greater earning power, pre-existing business interests, or international investments, this default can produce outcomes that neither party intended. The time to address this is before the wedding, through a pacto antenupcial — not during a divorce proceeding.

Not Registering the Marriage with the Foreign Consulate

After the Brazilian civil ceremony, the foreign spouse should register the marriage with their home country’s consulate in Brazil. This registration ensures that the marriage is recognized in the foreign spouse’s home country for immigration, tax, property, and inheritance purposes. Some countries (notably Germany and Japan) require consular registration within specific deadlines; failing to meet these deadlines can complicate recognition later.

Confusing Tourist Marriage with Residency Rights

Marrying in Brazil on a tourist visa does not automatically grant the foreign spouse the right to remain in Brazil. The foreign spouse must still apply for a residence permit through the Policia Federal, and the application process takes 60-120 days during which the applicant must maintain legal status. Couples who assume that marriage creates immediate residency rights may find themselves in immigration limbo.

“The marriage ceremony itself takes 30 minutes. The document preparation, if done correctly, takes 30 to 60 days. The legal consequences of the property regime last a lifetime. Allocate your time and attention accordingly.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

How Should a Foreign Couple Plan the Process?

The legal requirements above are fixed. What varies — and what determines whether a couple marries on the date they intended — is sequencing: which steps can run in parallel, which must run in order, and which depend on a third party whose timetable nobody controls.

Working backwards from the ceremony date

The dependencies run in one direction. Documents are issued abroad, then apostilled abroad, then translated in Brazil, then filed with the registry, then published, and only then is the couple qualified to marry. Nothing later can be started early.

• Obtaining and apostilling the foreign documents is the least predictable phase, because it involves a records office and an apostille authority in another country, often in another time zone, and frequently by post. Several weeks is normal; longer where a birth record has to be ordered from a distant jurisdiction. Documents subject to a recency requirement should be ordered last within this phase, so they do not expire while the rest of the file is assembled.
• Sworn translation follows, and cannot begin until the apostille is attached, because the apostille is itself translated.
• The habilitação, the banns and the registrar’s review follow the filing, and the registrar’s review is where a defective document surfaces. A deficiency notice stops the clock and sends the couple back to the first phase.

Two consequences follow. The first is that document preparation should begin roughly three months before the intended date, not three weeks. The second concerns the prenuptial agreement. Because a pacto antenupcial must be executed as a public deed at a notary’s office and presented with the habilitação, a couple who decides on a prenuptial agreement after the habilitação has been filed finds itself amending a process already in motion: the deed has to be drafted, negotiated, scheduled and signed, and the registry file updated to record the regime. The conversation about the property regime therefore belongs at the beginning of the process rather than at the end of it. See our guide to prenuptial agreements in Brazil.

Where the ceremony can be held

The default is a ceremony at the registry office itself, performed by the registrar on a scheduled date. Brazilian practice also allows the ceremony to be held elsewhere, with the registrar travelling to the chosen venue; this is requested in advance and carries an additional emolument set by the state’s published schedule and paid to the registry, which varies with distance. Where a religious ceremony is wanted, the two ordinary routes are the ones described above: a civil ceremony at the registry and a separate religious ceremony at whatever time the couple prefers, or a religious ceremony with civil effect, which still requires the civil habilitação to be completed first. The habilitação is not avoidable by any route.

The certificate of no impediment, in practice

The requirement is easy to state and awkward to satisfy, because the document does not exist under that name everywhere. Some consulates in Brazil — those of the United States, the United Kingdom and Australia among them — will receive a sworn declaration of freedom to marry or issue an equivalent statement for their nationals. Others decline to certify marital status at all, on the ground that their own authorities do not hold that information centrally. Where no such document is available, the alternative accepted in Brazil is a sworn declaration, executed before a notary here or at a Brazilian consulate abroad, in which the foreign national attests to being free to marry.

What matters is that the alternative is agreed with the registry that will hold the file before it is executed, and before documents are ordered from abroad. Registrars have discretion on the form in which status is proved, and a declaration drafted to one registry’s preference is not automatically acceptable to another.

When neither spouse is Brazilian

Two foreign nationals can marry in Brazil. The legal position is straightforward — the same Civil Code rules apply, and neither spouse needs Brazilian nationality or permanent residence — but the file is heavier, because every document requirement is duplicated: two birth certificates, two proofs of status, two sets of apostilles, two sets of sworn translations, and where the two countries handle certificates of no impediment differently, two different solutions to the same problem. Each spouse must also be lawfully present in Brazil, on whatever basis, at the time of the ceremony. Couples in this position should allow more time for the document phase than the calendar above suggests, and should confirm the registry’s requirements for both nationalities at the outset rather than for one.

Registries are not interchangeable

The Civil Code and the CNJ’s rules are national; their application at the counter is not. The same US birth certificate, apostilled in the same way, may be accepted by one registry and refused by another in the same city, most often over recency — whether a certificate issued two years ago is acceptable, or whether a fresh copy must be ordered. Registrars also differ on the form of a declaration of single status, on whether a translated apostille must accompany each document separately, and on how much of a foreign divorce decree they wish to see.

The practical response is not to argue the point but to remove it. Before ordering anything from abroad, the registry that will hold the habilitação should be identified and asked what it requires: which documents, issued within what period, in what form. That conversation takes a few minutes and is the single most effective way to avoid the two-month setback that a rejected document produces. It is also the reason to settle on the registry early — the choice is generally between the districts where either spouse resides, or where the ceremony will be held.

What the marriage does not do

Marriage to a Brazilian national creates an entitlement to apply for residence on the basis of family reunion. It does not confer residence by itself, and it does not regularise a stay that has run out. The application is made separately, either as a residence visa applied for at a Brazilian consulate abroad — the family reunion category, VITEM XI — or as an in-country residence authorisation applied for to the Federal Police by a foreign national already lawfully in Brazil. Which of the two applies depends on where the foreign spouse is and on their current status, and the choice has consequences for how long they must wait and where they must wait. Our page on family reunion visas sets out both routes and the documents each requires.

Why ZS Advogados for Marriage Matters?

We guide foreign nationals through the entire Brazilian marriage process — from document preparation and apostille verification to cartorio coordination and property regime selection. We draft prenuptial agreements that protect international assets, coordinate with consulates for document authentication, and advise on the immigration consequences of marriage. Our bilingual team handles the communication challenges that arise when cartorios, consulates, and foreign government agencies operate in different languages and legal frameworks. Whether you are planning a straightforward civil ceremony in Sao Paulo or navigating a complex binational marriage with assets in multiple countries, we ensure the legal foundation is solid from the start.