Divorce in Brazil: Complete Guide for 2026
Direct Answer
Divorce in Brazil can be carried out as consensual (agreement between parties) or litigious (with court decision), and may proceed through judicial or extrajudicial (notary office) channels. Since Constitutional Amendment 66/2010, there is no longer any requirement for prior separation or minimum marriage duration. Either spouse may file for divorce at any time, as it is a potestative right that requires no justification or consent from the other party.
What Is Divorce Under Brazilian Law
Divorce is the legal institution that definitively dissolves the marriage bond, allowing former spouses to remarry. In Brazil, divorce is governed by the Federal Constitution (art. 226, paragraph 6), the Civil Code (arts. 1,571 to 1,582), and the Code of Civil Procedure (arts. 731 to 734).
Before Constitutional Amendment 66/2010, parties had to prove a two-year de facto separation or one-year judicial separation. Currently, divorce is a potestative right: a simple expression of will by one spouse is sufficient, with no need for justification, fault, or waiting period.
Current Legal Framework
| Legislation | Provision |
|---|---|
| Federal Constitution, art. 226, §6 | Marriage dissolution through divorce |
| Civil Code, arts. 1,571-1,582 | Divorce regulation |
| CPC/2015, arts. 731-734 | Judicial procedure |
| Law 11,441/2007 | Extrajudicial divorce at notary office |
| Constitutional Amendment 66/2010 | Elimination of prior separation requirement |
Consensual vs. Litigious Divorce
Consensual Divorce
Consensual divorce occurs when both spouses agree on the dissolution and all its conditions: asset division, child custody, child support, and use of surname. It is the fastest, most affordable, and least emotionally taxing option.
Requirements:
- Full agreement on all matters
- Attorney representation (mandatory)
- Court approval or public deed at notary office
Litigious Divorce
When there is no agreement on any aspect — whether asset division, custody, support, or the divorce itself — the procedure is litigious. It must proceed through the courts, with evidentiary proceedings, hearings, and a judge’s decision.
Characteristics:
- Initial petition with grounds stated
- Service of process on respondent spouse
- Conciliation hearing (art. 695, CPC)
- Evidentiary proceedings (evidence, witnesses, expert opinions)
- Court judgment
Detailed Comparison
| Aspect | Consensual | Litigious |
|---|---|---|
| Agreement between parties | Yes, complete | No agreement |
| Channel | Judicial or extrajudicial | Judicial only |
| Average timeline | 1 day to 6 months | 1 to 3 years |
| Estimated cost | R$ 2,000 to R$ 8,000 | R$ 5,000 to R$ 30,000+ |
| Emotional strain | Lower | Significant |
| Attorney | Required | Required |
Judicial vs. Extrajudicial Divorce
Extrajudicial Divorce (Notary Office)
Established by Law 11,441/2007, this allows consensual divorce to be carried out directly at a notary office through a public deed. It is the fastest option and can be completed in a single day.
Legal requirements:
- Full consensus between spouses
- No minor or incapacitated children
- Attorney representation (one for both or one for each)
- Neither party is pregnant
Required documents:
- Updated marriage certificate (within 90 days)
- Identity documents and CPF (tax ID) of both parties
- Prenuptial agreement, if applicable
- Property registration certificates (if division is included)
- Power of attorney, if represented by a third party
Costs: Notary fees vary by state. In São Paulo, a divorce deed costs between R$ 800 and R$ 3,000 depending on the value of assets being divided, plus attorney fees.
Judicial Divorce
Mandatory when there are minor or incapacitated children, or when there is no agreement between spouses. Cases are heard in Family Courts under the special procedure set forth in CPC arts. 693 to 699 and 731 to 734.
Consensual judicial divorce follows a simplified procedure: joint petition, opinion from the Public Prosecutor’s Office (when minors are involved), and court approval. Litigious divorce follows the ordinary procedure with all procedural phases.
Asset Division
Asset division is one of the most complex aspects of divorce. The outcome depends directly on the property regime chosen at marriage or applied by default.
Property Regimes in Brazil
Partial Communion of Property (art. 1,658, CC): The default regime applied when there is no prenuptial agreement. Assets acquired for value during the marriage are shared. Assets predating the marriage and inheritances/gifts remain as individual property.
Universal Communion of Property (art. 1,667, CC): All assets, whether acquired before or after the marriage, are shared. Exceptions include assets with an incommunicability clause, personal-use items, and professional tools.
Total Separation of Property (art. 1,687, CC): Each spouse exclusively manages their own assets. There is no sharing of property regardless of when acquired.
Final Participation in Acquests (art. 1,672, CC): A hybrid regime. During the marriage, each spouse manages their own assets. Upon dissolution, acquests (assets acquired for value) are calculated and each spouse is entitled to half of what the other acquired.
Assets Excluded from Division
Even under partial communion, the following are not shared:
- Assets received through inheritance or gift
- Assets acquired before the marriage
- Life insurance and private pension values (VGBL)
- Personal injury compensation
- Professional-use property
Spousal Support (Alimony)
Spousal support (compensatory alimony) between former spouses is possible when one demonstrates need and the other has financial capacity. It differs from child support, as it is transitional and aimed at economic readjustment.
Criteria for Determination
The judge evaluates the trinomial: need of the requesting party, ability of the paying party, and proportionality. STJ case law has established transitional alimony with a set duration (usually 1 to 3 years), allowing the supported spouse to reenter the job market.
Causes for Termination
- New marriage or common-law union of the supported spouse
- Proven capacity for self-support
- Expiration of the court-set period
- Change in the paying spouse’s financial conditions
Timelines and Process Steps
Extrajudicial Divorce
- Attorney consultation — 1 to 3 days
- Document gathering — 5 to 15 days
- Deed execution — 1 day
- Recording on marriage certificate — 5 to 15 days
Total timeline: 15 to 30 days
Consensual Judicial Divorce
- Joint petition — immediate
- Public Prosecutor’s opinion (if minor children) — 15 days
- Court approval — 30 to 90 days
- Final and unappealable judgment — 15 days
- Issuance of recording order — 10 days
Total timeline: 2 to 6 months
Litigious Judicial Divorce
- Initial petition — immediate
- Service of process — 15 to 60 days
- Conciliation hearing — 30 to 90 days
- Answer/defense — 15 days
- Evidentiary proceedings — 3 to 12 months
- Judgment — 30 to 90 days
- Appeals — 6 to 18 months (if applicable)
Total timeline: 1 to 3 years
Divorce Costs
Fees and Expenses
| Type | Court/Notary Fees | Attorney Fees | Estimated Total |
|---|---|---|---|
| Extrajudicial | R$ 800 - R$ 3,000 | R$ 2,000 - R$ 5,000 | R$ 3,000 - R$ 8,000 |
| Judicial consensual | R$ 500 - R$ 2,000 | R$ 3,000 - R$ 8,000 | R$ 3,500 - R$ 10,000 |
| Judicial litigious | R$ 1,000 - R$ 5,000 | R$ 5,000 - R$ 25,000+ | R$ 6,000 - R$ 30,000+ |
Values vary by asset complexity, jurisdiction, and attorney experience. Low-income individuals may request free legal aid (art. 98, CPC), which exempts them from court fees and expert witness costs.
Tax Implications of Asset Division
When the division involves real estate transfers, ITBI (Real Estate Transfer Tax) may apply if there is an excess onerous share. If the division is equal, no additional tax applies.
Divorce with International Elements
For couples with a foreign spouse or a marriage celebrated abroad, divorce requires additional procedures:
- Recognition of foreign judgments by the STJ when divorce was granted abroad (art. 961, CPC)
- Apostille (Hague Convention) of foreign documents
- Sworn translation of documents in foreign languages
- Possibility of consular divorce under bilateral treaties
If you are a foreigner married in Brazil, the dissolution follows Brazilian law (art. 7, paragraph 6, LINDB). See our international law page for more details.
Emotional and Practical Considerations
Family Mediation
Mediation is encouraged by CPC/2015 (art. 694) as an alternative method for resolving family disputes. A qualified mediator helps spouses reach agreement, reducing emotional strain and process costs.
Protecting Children
When children are involved, divorce must safeguard their interests. Joint custody has been the rule since Law 13,058/2014, and the judge must observe the best interest of the child in all decisions.
When to Consult an Attorney
It is recommended to consult a family law attorney from the outset, even in seemingly simple divorces. A professional can:
- Advise on the property regime and its effects on division
- Negotiate favorable terms for support and custody
- Identify hidden or undervalued assets
- Ensure the agreement protects your rights
- Expedite the process by choosing the most appropriate channel
ZS Advogados Associados has a specialized family law team offering personalized service for all divorce types. Contact us for an initial consultation and learn about your options.
Conclusion
Divorce in Brazil is an accessible right with procedures defined by law. The choice between types — consensual or litigious, judicial or extrajudicial — depends on the couple’s circumstances, the existence of minor children, and the possibility of agreement. Seeking specialized legal guidance from the start is essential to protect your rights, ensure a fair division of assets, and minimize the emotional toll of the process.
This article is for informational purposes only and does not constitute legal advice. Each case has specific circumstances that should be analyzed by a qualified attorney.
