In an increasingly globalized and internationalized world, affective relationships are no longer an exception. Once the person is married, this status will be valid worldwide. In this matter, the jurisprudence of the Brazilian Superior Court of Justice is already consolidated, as can be seen from the following judgment of the Special Appeal nº 280.197, Rio de
Janeiro: “CIVIL. MARRIAGE MADE ABROAD. SUBSEQUENT MARRIAGE IN THE COUNTRY, WITHOUT PRIOR DIVORCE. ANNULMENT. The marriage performed abroad is valid in the country, whether or not it was there registered; therefore it prevents a new marriage, unless the former one dissolves. Special Appeal denied”.
However, since is always a priority to guarantee the spouses and children their legal rights and considering that the legal effects of the registration are not only personal and social, but also patrimonial, the importance of registering the marriage performed abroad must not be diminished.
Whether purchasing or selling real estate properties in Brazil, or even in divorce proceedings, division of common property, inheritance, and succession, having the registration provided in hand is essential. In addition, it can also make the process less difficult, avoiding unnecessary waste of money in these difficult moments.
Our firm has handled a case in which the American spouse was prevented from exercising his rights arising from the divorce proceeding with the Brazilian spouse. The lack of registration in this specific case left the American spouse completely aside as to his matrimonial rights over income, and assets transactions all made in Brazil.
Therefore, hiring a Foreign Legal Consultant to take care of the legal aspects is essential to avoid money and time loss. Moreover, having a specialist in charge can prevent this type of frustration, because as much as it is a mere formality, it assures greater legal protection.