Best Marriage Lawyers in Brasília

About Marriage Law in Brasília, Brazil

Marriage in Brasília, the capital of Brazil, is governed by the Brazilian Civil Code and monitored by both federal and local regulations. Marriage is a legal contract that establishes rights and duties between spouses, offering personal and financial protections. Whether it is a civil or religious ceremony, the marriage must be registered at a local Civil Registry Office (Cartório de Registro Civil) to obtain legal recognition. Brasília follows national legislation, but some administrative procedures may be unique to the Federal District.

Why You May Need a Lawyer

Many individuals seek legal help for marriage-related issues to ensure their rights are protected, especially when navigating complex situations. Common circumstances that may require legal assistance include:

• Drafting or reviewing prenuptial agreements (pacto antenupcial)
• Clarifying the legal requirements and documentation for marriage
• Assistance with international marriages or marriages involving foreigners
• Addressing challenges with property division and regime of goods (regime de bens)
• Protection of assets and inheritance planning
• Legal change of marital status or annulment
• Dealing with name changes and birth certificate updates
• Resolving conflicts or advising during marriage dissolution (divorce or separation)
• Addressing issues of domestic violence or legal incapacity

A lawyer ensures your interests are represented, documents are properly filed, and all legal aspects are covered, preventing future disputes.

Local Laws Overview

Marriage in Brasília is primarily governed by Federal Law, specifically the Brazilian Civil Code. Some key local considerations include:

• Eligibility: The legal age for marriage is 18. Minors aged 16-17 may marry with parental or guardian consent.
• Documentation: Brazilian citizens must provide original birth certificates, photo identification, and proof of residence. Foreigners may need additional documents, such as a valid passport and proof of single status.
• Mandatory Waiting Period: After submitting documents, there is usually a mandatory public notice period of 15 days before the marriage can proceed.
• Marriage Regimes: Couples can choose from different property regimes, including community property, separate property, and partial community property. The default is partial community property.
• Prenuptial Agreements: If couples want a regime other than the default, a prenuptial agreement must be signed and registered at the public notary before the marriage.
• Civil and Religious Marriages: Both are recognized if properly registered, but religious ceremonies must be followed by civil registration for legal validity.
• Same-gender Marriage: Since 2013, same-gender marriage is legal and recognized nationwide, including in Brasília.
• Marriage Annulment and Divorce: The local courts handle annulments and divorce proceedings. Divorce can be consensual or contentious, and both can be filed at notaries or courts depending on circumstances.

Frequently Asked Questions

What is the legal age to get married in Brasília?

The legal age is 18. Individuals aged 16 or 17 may marry with parental or legal guardian consent.

Can foreigners get married in Brasília?

Yes, foreigners can marry in Brasília, though they must provide valid identification, a birth certificate, and proof of single status, along with any required translations and apostilles.

Is a religious marriage valid in Brasília?

A religious marriage is recognized only if it is also registered at the Civil Registry Office. The religious ceremony can take place before or after the civil registration.

What property regimes are available for marriage?

The principal regimes are partial community property (default), total community property, and separate property. Couples can choose another regime through a prenuptial agreement.

Do we need a prenuptial agreement?

A prenuptial agreement is necessary only if you wish to adopt a property regime different from the default partial community property.

How long does the marriage process take?

After submitting all documentation, there is a standard waiting period of 15 days for public notice. The marriage ceremony can typically be scheduled soon after, although timing may vary depending on the registry office.

What happens if something is wrong with our documents?

The registry office will notify you about missing or incorrect documents, which can delay the process. A lawyer can assist you in resolving documentation issues quickly.

Can same-gender couples marry in Brasília?

Yes, same-gender marriage is legal and recognized throughout Brazil, including in Brasília, with the same requirements as other marriages.

How is a marriage dissolved?

Marriage can be dissolved by divorce, which has both extrajudicial (via notary, when there are no disagreements or minor children) and judicial options (in court, when there are disputes or minor children involved).

How can I change my name after marriage?

You can request a name change at the time of marriage registration. The change will be reflected in your marriage certificate and subsequent legal documents upon application.

Additional Resources

For those seeking more information or assistance regarding marriage in Brasília, the following resources may be helpful:

• Cartório de Registro Civil: Local civil registry offices handle marriage documentation and registration.
• Defensoria Pública do Distrito Federal: Provides free legal assistance for individuals who cannot afford a private lawyer.
• Ordem dos Advogados do Brasil (OAB - Seccional DF): The Brazilian Bar Association can refer you to qualified family law attorneys.
• Tribunal de Justiça do Distrito Federal e Territórios (TJDFT): The District Court provides information about judicial proceedings involving marriage, divorce, and other family matters.
• Ministério da Justiça: Offers general legal guidance for matters affecting civil rights and family law.

Next Steps

If you are considering getting married or facing a marriage-related legal issue in Brasília, follow these steps:

1. Gather all necessary personal identification, birth certificates, and proof of residence.
2. Decide if you need to address property regime options and whether to draft a prenuptial agreement.
3. Consult with a qualified family law attorney for personalized legal advice, especially if your situation involves foreign documentation, prenuptial agreements, or divorce.
4. Visit your local Civil Registry Office (Cartório) for guidance on procedures and to submit your application and required documents.
5. Allow time for the public notice period and prepare for your ceremony as scheduled by the registry office.
6. For disputes, concerns regarding rights, or if you encounter obstacles in the process, seek legal support from the Defensoria Pública or a private lawyer.
7. Stay informed and keep copies of all documentation for future reference.

Taking these precautions will help ensure your marriage process complies with local laws and that your rights and interests are fully protected.