A Brazilian family lawyer for foreigners handles divorce, child custody, child support and family residency in Brazil when one parent or spouse lives abroad or is not Brazilian. Our firm represents Americans, Europeans and other foreign nationals with a spouse, children or property in Brazil. The whole case can be handled remotely, with English-speaking support from our bilingual case coordinator and no need to travel.
Family matter in Brazil? Get a clear plan in English
Video call in your time zone, a written plan with timeline and fees, and payment from abroad, including in US dollars.
What does a Brazilian family lawyer for foreigners do?
In short, we solve family matters in Brazil when the family lives across borders. For example, an American father whose child lives in Rio, a German woman divorcing her Brazilian husband, or a couple who married in Florida and own property in São Paulo. First, we identify which country’s courts can decide each issue. Then, we make the decision valid in Brazil and handle the case here.
In practice, every case combines Brazilian law, the treaties Brazil has signed and coordination with lawyers and authorities in the other country. That is why you need a Brazilian family lawyer who knows both the local courts and cross-border cooperation.
Is my US or European divorce valid in Brazil?
Not automatically. A divorce granted abroad only takes effect in Brazil after it is registered here. Until then, Brazilian registries still show the person as married. The route depends on what the divorce decided.
Note that since 2004 foreign judgments are recognized by the Superior Court of Justice (STJ), not by the Federal Supreme Court. Also, the division of real estate located in Brazil is always decided by Brazilian courts (Code of Civil Procedure, art. 23, III).
Need your foreign divorce recognized in Brazil? We check the right route for you.
Free tool · Foreign divorce
Is your foreign divorce valid in Brazil?
Answer 3 questions and see right away whether a direct registration is enough or recognition by the STJ is required, and which documents to prepare.
General guidance under the Brazilian Code of Civil Procedure (arts. 23, 961 and 963). Each case requires a document review. Nothing is sent unless you click the button.
How do I get divorced in Brazil as a foreigner?
If you married in Brazil, or your marriage is registered here, you can divorce in Brazil even while living abroad. When both spouses agree and there are no minor children, the divorce can be done at a notary’s office. Otherwise, it goes to a family court. In both cases, you sign a power of attorney at a Brazilian consulate or, when accepted, electronically.
However, if you married abroad and never registered the marriage in Brazil, the first step may be to register it (Civil Code, art. 1,544). We review your documents and tell you which country’s divorce is faster and safer for your case.
What are the child custody laws in Brazil?
Brazilian law puts the best interest of the child first. As a rule, courts favor shared custody, even when parents live in different cities or countries. The parent who does not live with the child keeps the right to regular contact, which can include school holidays abroad and video calls.
Moreover, a parent cannot move the child to another country without the other parent’s consent or a court order. For a foreign parent, this means custody and travel rules must be set clearly in the agreement or judgment. Learn more in our guide on international child custody (in Portuguese).
My child was taken to Brazil. What does the Hague Convention say?
Brazil is a party to the 1980 Hague Convention on International Child Abduction (Decree 3,413/2000). Therefore, a parent whose child was wrongfully taken to or kept in Brazil can ask for the child’s return. The request goes through the Brazilian Central Authority or directly to a federal court, filed by a Brazilian family lawyer.
Requests filed within one year of the wrongful removal follow rules that favor the child’s return. After that, the court may consider whether the child has settled in Brazil. So, seek advice as soon as it happens.
On the other hand, the Convention also has exceptions, such as a grave risk to the child. As a result, the strategy depends on which side you are on: the parent asking for the return or the parent responding to the request.
Read our full guide on Hague Convention child abduction in Brazil.
Accused of domestic violence in Brazil? Protective orders and foreign fathers
Under the Maria da Penha Law (Law 11,340/2006), a judge can quickly issue protective orders that limit contact with the children. Sometimes, these requests are used to push a foreign father away from his child, especially in a separation across borders. In these cases, a fast technical defense protects both the relationship with the child and your reputation.
Our team is known in Brazil for the defense of men in family law. We review the evidence, challenge orders that lack grounds and ask the court to restore contact as soon as possible.
Can I get child support from a parent in another country?
Yes. Brazil is a party to the 2007 Hague Convention on the International Recovery of Child Support (Decree 9,176/2017) and to the 1956 New York Convention. Thus, child support can be set or enforced with help from the central authorities of both countries. Likewise, a parent abroad who pays support in Brazil can ask for a review when income changes.
Can I live in Brazil with my Brazilian spouse or child?
Yes. A foreign national married to a Brazilian, in a stable union with a Brazilian, or with a Brazilian child can apply for residency based on family reunion (Migration Law, Law 13,445/2017, art. 37). The application requires apostilled and translated documents and proof of the family relationship. Furthermore, if you married abroad, registering the marriage in Brazil usually comes first.
Are you a U.S. citizen? See our page for U.S. citizens who need a lawyer in Brazil.
How we work with clients outside Brazil
Finally, fees are set in a written engagement agreement and can be paid from abroad by international transfer, including in US dollars or euros. Translation, apostille and court costs are listed separately at the start.
Quick assessment · 4 questions
What does your case need in Brazil?
First, choose your 4 answers. Then send them on WhatsApp and our team replies with initial guidance.
1. What is the matter?
2. Where do you live?
3. Are minor children involved?
4. How urgent is it?
Why choose our Brazilian family lawyers?
Frequently asked questions
What are the laws regarding child custody in Brazil?
Brazilian courts decide custody based on the best interest of the child and, as a rule, favor shared custody. The parent who does not live with the child keeps the right to regular contact, and moving the child abroad requires consent or a court order.
How much does a Brazilian family lawyer cost?
It depends on the matter. For example, registering a simple foreign divorce costs less than a contested custody case. After the first call, we send a written quote, and fees can be paid from abroad, including in US dollars.
When should I hire a Brazilian family lawyer?
As soon as a Brazilian court, registry or the other parent is involved. Above all, act quickly if a child was moved, if there is a protective order or if you received court papers, because deadlines are short.
Do I need to travel to Brazil?
No. In most cases, everything is done with a power of attorney signed at a Brazilian consulate or electronically, plus video calls. Foreign documents need an apostille and a sworn translation.
Is a US divorce valid in Brazil?
Only after it is registered in Brazil. A simple uncontested divorce can be registered directly at the registry office. A divorce that decided custody, support or property must be recognized by the Superior Court of Justice (STJ).
How long does recognition by the STJ take?
Usually a few months. However, the timeline depends on whether the other spouse agrees or must be formally served. A simple divorce registered directly at the registry office is faster.
Can I stop my child from being taken to Brazil?
Yes. A custody agreement or court order can require consent for international travel. If a child was already taken without consent, the 1980 Hague Convention allows you to ask for the child’s return.
Can I be assisted in English and pay in dollars?
Yes. Our attorneys work in Portuguese, and a bilingual case coordinator assists you in English at every step, at no extra cost. Fees are set in a written agreement and can be paid by international transfer, including in US dollars or euros.
What our clients say
Verified Google reviews
Translated from Portuguese. Original reviews are on our Google profile.
“I want to thank the whole team, especially Dr. Maria Helena. I was able to be with my daughter again after so many months. Thank you for every step and every fight.”
Claudio Júnior
“Highly qualified professionals who handled my case with excellence. Special thanks to Dr. Maria Helena, who masterfully gave me all the support I needed.”
Priscila Barbieri
“Excellent family law service. The lawyer is extremely competent, attentive and transparent at every stage. I felt completely secure with the work.”
Nathalia Nogueira
“An exceptional experience. I was welcomed from the first contact with professionalism and humanity. They handled everything with care and empathy at a delicate time.”
Daniel Sabino
“I was extremely well looked after. All my questions were answered with patience and clarity. I felt respected, heard and safe.”
Laise Aires
“Excellent service. I felt secure and well advised at every stage of the process. I recommend them without hesitation.”
Andrey Guerra
A family across borders needs a lawyer who knows both sides
In the first video call, we tell you which country decides your case, the steps in Brazil, the timeline and our fees, in writing.
Rio de Janeiro: Av. João Cabral de Mello Neto, 850, Barra da Tijuca · São Paulo: Av. Paulista, 1439
About the author
Maria Helena Seabra, Esq.
Attorney · Brazilian Bar OAB/RJ 210.129 · Partner
For more than 15 years she has handled international family law, recognition of foreign judgments by the STJ, international custody and the defense of men in family law. She holds specializations in Family and Succession Law (PUC-Rio), International Law, Immigration and Migration (EBPÓS) and Civil Law and Procedure (Cândido Mendes), and is a member of IBDFAM, the Brazilian Family Law Institute.
