Marriage to a Foreigner in Brazil: Complete Guide
Direct Answer
It is entirely possible to marry a foreigner in Brazil, provided the requirements of the Civil Code and CNJ resolutions are met. The foreigner must present apostilled and translated documents, and the qualification process is similar to that for Brazilians. Marriage does not automatically grant citizenship or a residence visa, but it supports a family reunification application. It is advisable to execute a prenuptial agreement to define the property regime, especially in international marriages.
Legal Requirements for Marriage
Marriage in Brazil is governed by the Civil Code (arts. 1,511 to 1,590) and, for foreigners, supplemented by National Council of Justice (CNJ) resolutions and the Migration Law (Law 13,445/2017).
Capacity to Marry
- Minimum age: 16 (with parental consent) or 18
- Not currently married or under legal impediment (art. 1,521, CC)
- Full civil capacity
- Free and voluntary consent
Marital Impediments
Art. 1,521 of the Civil Code lists impediments that apply equally to Brazilians and foreigners:
- Ascendants and descendants (by blood or affinity)
- Siblings and collateral relatives to the 3rd degree
- Persons already married
- Adopter and adoptee (while adoption is in effect)
Required Documents
For the Brazilian Spouse
- Birth certificate or marriage certificate with divorce annotation
- Identity document (RG) and CPF (tax ID)
- Updated proof of address
- Declaration of civil status
For the Foreign Spouse
| Document | Notes |
|---|---|
| Valid passport | Certified copy |
| Birth certificate | Apostilled and sworn translated |
| Declaration of civil status | Issued by consulate or competent authority |
| Divorce decree | If divorced — recognized by the STJ |
| Spouse’s death certificate | If widowed — apostilled and sworn translated |
| Proof of address | In Brazil or abroad |
| Consular declaration | Attesting no impediments |
Hague Apostille
Since Brazil’s accession to the Hague Convention (Decree 8,660/2016), foreign documents must bear the Hague Apostille issued by the country of origin. This seal replaces the former consular legalization and is recognized in all signatory countries.
Sworn Translation
All documents in a foreign language must be translated by a sworn public translator registered with the state’s Board of Trade. Private translations are not accepted by Brazilian registries.
Marriage Qualification Process
Steps
- Document gathering — 15 to 60 days (depending on document origin)
- Filing at the Civil Registry — with all documents and payment of fees
- Publication of banns — notices published for 15 days (art. 1,527, CC)
- Public Prosecutor’s review — opinion on regularity
- Qualification certificate — valid for 90 days
- Marriage celebration — civil ceremony at the registry or chosen venue
Timelines and Costs
| Step | Estimated Timeline | Approximate Cost (SP) |
|---|---|---|
| Qualification | 30 to 60 days | R$ 200 to R$ 400 |
| Publication of banns | 15 days | Included in qualification |
| Marriage certificate | 1 to 3 days | R$ 50 to R$ 100 |
| Sworn translation (per doc.) | 3 to 7 days | R$ 200 to R$ 600 |
| Hague Apostille (per doc.) | 1 to 5 days | Varies by country |
Estimated total timeline: 45 to 90 days from document gathering.
Consular Marriage
Consular marriage is celebrated before a Brazilian consular authority abroad or a foreign consular authority in Brazil.
Marriage at a Brazilian Consulate Abroad
Two Brazilians (or one Brazilian and one foreigner) may marry at the Brazilian consulate in their country of residence. The process follows Brazilian law and the marriage has immediate effect in Brazil.
Marriage at a Foreign Consulate in Brazil
A foreigner may marry at their country’s consulate in Brazil, following their home country’s legislation. For the marriage to have effect in Brazil, it must be registered at a Brazilian Civil Registry.
Prenuptial Agreement
What It Is
A prenuptial agreement is a formal contract entered into before marriage that defines the property regime governing the marriage. It is especially important in international marriages where asset complexity is greater.
When It Is Mandatory
The agreement is mandatory when the couple opts for a property regime other than partial communion, which is Brazil’s default legal regime:
- Universal communion of property
- Total separation of property
- Final participation in acquests
- Mixed or customized regime
Formalities
- Must be executed as a public deed at a notary office
- Must be signed before the marriage (void if signed after)
- Must be registered at the Real Estate Registry of the couple’s domicile
- Cannot contain provisions contrary to law or good customs
Importance in International Marriages
In marriages with an international element, a prenuptial agreement is particularly recommended because it:
- Clearly defines which law governs the couple’s assets
- Prevents jurisdictional conflicts over assets abroad
- Protects assets acquired before marriage in any country
- helps with potential divorce with international asset division
Property Regimes
Partial Communion (Legal Default)
Applied in the absence of a prenuptial agreement. Assets acquired for value during the marriage are shared. Prior assets, inheritances, and gifts remain individual.
Universal Communion
All assets are shared, except legal exceptions. Requires a prenuptial agreement.
Total Separation
Each spouse maintains their own assets. Mandatory for those over 70 (art. 1,641, CC) and in certain situations involving foreigners with temporary visas.
Mandatory Separation
Imposed by law in specific situations:
- Spouses over 70 years old
- Marriage requiring judicial supplementation
- Marriage in violation of suspensive causes
Immigration Effects of Marriage
Residence Visa
Marriage to a Brazilian does not automatically grant a residence visa or citizenship. The foreign spouse must apply for residence authorization based on family reunification through the Federal Police.
Documents for the application:
- Brazilian marriage certificate
- Valid passport
- Proof of the couple’s address
- Criminal background check
- Application form (SISMIGRA)
Naturalization
A foreign spouse married to a Brazilian may apply for ordinary naturalization after 1 year of residence in Brazil (art. 12, II, “a”, Federal Constitution), with a reduction from the general 4-year period. Additional requirements include civil capacity, moral standing, and Portuguese language ability.
For more information on immigration processes, see our visas and immigration page.
Marriage Celebrated Abroad
Validity in Brazil
A marriage celebrated abroad under local law is valid in Brazil, provided that:
- It is registered at the Brazilian consulate locally (within 1 year)
- Or it is registered at a Brazilian Civil Registry (within 180 days of return)
- Documents are apostilled and sworn translated
Recognition of Foreign Divorce
If the foreign spouse was previously married and divorced abroad, the divorce decree must be recognized by the STJ before a new marriage in Brazil (art. 961, CPC). The process takes 6 to 18 months.
Tax Considerations
ITCMD on Property Regime
The choice of property regime can have significant tax implications. Under universal communion, transferring assets from one spouse to the common estate may trigger ITCMD (gift tax) in some states.
Foreign Asset Declarations
Spouses with assets abroad must comply with tax obligations in both countries, including income tax returns, CBE (Brazilian Capital Abroad) reporting to the Central Bank, and applicable double taxation treaties.
When to Consult an Attorney
International marriages involve complexities requiring specialized guidance in international law and family law. Consult an attorney for:
- Guidance on required documentation
- Drafting an appropriate prenuptial agreement
- International asset planning
- Post-marriage residence authorization process
- Registration of a marriage celebrated abroad
ZS Advogados Associados specializes in international family law, offering comprehensive advisory services for marriages involving a foreign element. Contact us for a personalized consultation.
Conclusion
Marrying a foreigner in Brazil is a viable process that requires attention to documentation, apostille, and sworn translation requirements. Executing a prenuptial agreement is highly advisable to define the property regime and prevent future disputes. Guidance from an attorney specialized in international family law makes sure all legal, immigration, and asset matters are properly addressed.
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.