Getting Married in Brazil

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Getting Married in Brazil

The Brazilian marriage process can seem complicated and confusing to both Brazilians and foreigners alike. 

Below is information on:

• Documentation required and procedure
• The Ceremony
• Marital regimes  
• Visa status changes

As in most Christian countries, there exists a civil wedding ceremony and a religious wedding ceremony. 

A civil wedding can take place either in a Civil Registry Office (Cartório de Regístro Civil) or in any other place that is open to the public. 

The religious ceremony can take any form chosen by the couple but in itself it is not legally binding. However the civil requirements can be met to ensure a religious marriage is legally binding provided that at some point during the religious ceremony the civil register is signed in the presence of the notary authority and at least two witnesses, and registration with the relevant authorities is subsequently completed.

Couples that choose a Catholic ceremony have to attend a one-day course before the wedding. The church chosen by the couple can provide information on the exact locations and dates for courses.

A marriage (casamento) in Brazil is recognised as valid in most other countries. 

Legal Requirements For Marriage

Marriage in Brazil may take place between two people of the opposite sex who are at least 18 years old. Minors over the age of sixteen may be married with the consent of their parents or legal representatives. Same sex marriages are not legal and same-sex cohabitation agreements are not recognised by law. 

There are instances where people are prohibited from marrying, including: 

• marriage of a person whose previous marriage is not annulled or ended
• marriage between siblings or other close relations

Documentation (Documentação) and Procedure (Procedimento)

There are three main steps before a marriage can go ahead:

1. Registration of the intent to marry and presentation of the documents
2. Publication of the banns 
3. Issue of marriage licence

1. Registration of the intent to marry: This is made at the Civil Registry Office (Cartório de Regístro Civil) responsible for the district or municipality where either one of the couple is resident. Every region, district or municipality in Brazil has a registry office which is responsible for the registration and documentation of the general public’s civil affairs. 

• To find a local registry office: Click here

Presentation of the documents: It is recommended that a couple intending to marry should register their intent to do so at least 30 days prior to the intended date of the marriage ceremony. The registration process can take a minimum of 20 days and a maximum of 60 days. 

Foreigners must fill in an application form and present the following documents at the registry office to begin the marriage process:

• Original copies of passport or Foreigner's identity card (Cédula de Identidade para Estrangeiro - CIE which contains the Registro National De Estrangeiro - RNE the identity number for non-nationals)
• Original birth certificate - certified by a Brazilian Consulate in the issuing country
• Declaration of Civil Status issued by the local Consulate or Embassy (the declaration of civil status is valid for ninety days)

Brazilian nationals provide:

• Original identity document
• Individual taxpayer's card (Cadastro de Pessoa Física, CPF)
• Birth certificate
• Proof of address 
• Proof of the date and location of the births of their parents

If either party has previously been married they must provide a copy of the final divorce decree (or death certificate of the former spouse if widowed).

The names and identification numbers of the intended witnesses to the marriage should also be registered, although the witnesses themselves do not have to be present at this registration.

All documents that are not in Portuguese must be translated by a certified translator and authenticated by a local public notary (Tabelião). A local home country Consulate can provide contact details for these official translators.

There is a small fee to register the intent to marry; it varies from state to state. 

2. Publication of the banns: The registry office displays the statement of the intention of marriage on its walls for a period of 15 days and publishes banns in the local press. Following a 15 day waiting period the couple are free to marry.

3. Issue of marriage licence: Once all the documents have been presented to the registry office, approved by the notary officials and no valid objections have been received from members of the public, the registry official issues a marriage license (Certidao de Habilitação de Casamento) which is a permit to marry, valid for 90 days. 

The Marriage Ceremony

The marriage ceremony can take place anywhere as long as the local registry office has been informed of the address, date and time, and has agreed to send an official to conduct the ceremony. Religious ceremonies and those conducted in private spaces have every right to include additional elements such as songs, hymns, prayers or declarations.

Witnesses

Ceremonies conducted at the registry office itself require a minimum of two witnesses who are over eighteen years of age, while those performed in other locations need a minimum of four. Brazilian marriages do not traditionally involve a Best Man or Maid of Honour (but bridesmaids are now becoming more popular) although it is not unheard of for upwards of twenty witnesses to be invited.

Ceremonies

After a church wedding, the couple has to return to their local registry office within 90 days with the document issued by the church to make the marriage legal.

If it takes place at a registry office, then once the official has heard declarations of intent to marry of their own free will from each of the couple, the marriage register is signed by the couple, the witnesses and the notary official, the official then declares the couple married.

In São Paulo, depending on the district, there is a cost of between R$200 and R$300 for ceremonies conducted at a registry office, while this charge can as much as double when conducted at private locations. Prices outside the country’s largest city can drop to as low as R$100 and this charge can be avoided if the couple makes a "Declaration of Poverty".

Names

According to Brazilian law, the bride can assume the bridegroom’s name or vice-versa, or the couple’s existing surnames can be joined in any way which creates a common last name. This is a tradition which has been handed down through Portuguese tradition and can often lead to very extended multiple surnames.

Marital Regime

Prior to marrying, a couple must sign their agreement to the type of basic marriage contract into which they are entering. There are four kinds of marital regime available in Brazil.

1. Partial Property Ruling (Comunhão Parcial): the most common system of law for marriage. Property owned by each individual prior to marriage remains their personal property as does any property purchased during the marriage using resources or rights which date to before the marriage (such as an inheritance). However any property purchased after the wedding using resources arising from the period of the marriage belongs jointly to the couple.
2. Community Property Ruling (Comunhão de Bens) whereby the property of both partners, whether acquired before or after the marriage remains the joint property of both partners. A couple planning to marry under this system must start their marriage process by signing a pre-nuptial agreement at the Civil Registry Office.
3. Separate Property Ruling (Separação de Bens): all property acquired either before or after marriage remains the property of the individual. A couple planning to marry under this system must start their marriage process by signing a pre-nuptial agreement at the Civil Registry Office. The separate property ruling is compulsory for those over 60 years of age.
4. Final Partition of Acquisitions (Participação Final dos Aqüestos): all property acquired either before or after marriage remains the property of the individual as in the Separate Property Ruling. However on separation (by divorce or death) all property which was acquired during the marriage will be divided fairly.

Prenuptial agreements

Although now a standard requirement for Community Property Rulings and Separate Property Rulings, prenuptial agreements are becoming more common. The agreement is private and can be drawn up by an attorney specialising in family affairs who will base the agreement on the Brazilian Civil Code. There are also agencies specialised in assuming responsibility for the bureaucratic side of the marriage preparations.

Visa Status

A foreigner marrying a Brazilian national does not automatically gain citizenship. Following the marriage ceremony the foreigner is entitled to start the process which will lead to the issue of a Permanent Resident visa. This may take as long as three years and involves the couple having to attend interviews with the Civil Police and expect police representatives to pay unannounced visits to the couple’s home in order to verify that the marriage is legitimate and not "for convenience".

Once a foreigner has been married to a Brazilian for five years they may apply for Brazilian citizenship.

Marriage for Non-residents 

Couples that wish to travel to Brazil to marry will need to have the following documents certified at the Brazilian Consulate in their home country:

• Birth certificates
• Proof that they are single
• Proof of residence in the foreign country (utility bills)

If either party has previously been married they must provide a copy of the final divorce decree (or death certificate of the former spouse if widowed)

They must present these documents themselves (or somebody may do so on their behalf) at the Civil Registry Office in the state where they will marry. This must be done at least one month before they intend to marry. It is not possible to arrange the marriage by post with the Civil Registry Office.

Further Information

• Information on marriage in Brazil from Cartorio Catete (in Portuguese)
• See AngloINFO INFOrmation page on Same-sex Unions in Brazil

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