Best Marriage Lawyers in Goiânia

About Marriage Law in Goiânia, Brazil

Marriage law in Goiânia, like in the rest of Brazil, is governed primarily by the Brazilian Civil Code and regulated by the local civil registry offices known as "Cartórios." Legal marriage in Brazil is a civil union that grants couples a wide variety of rights and responsibilities, including inheritance, tax benefits, joint property ownership, and parental rights. Goiânia follows both federal regulations and some local procedures for civil marriage, religious marriage with civil effects, and the recognition of stable unions ("união estável").

The marriage process typically involves obtaining necessary documents, publishing marriage banns, and holding a civil ceremony at the registry office or a recognized alternative location. The legal framework also supports same-sex marriage and recognizes both Brazilian and foreign nationals, though additional documentation may be required for foreigners.

Why You May Need a Lawyer

While many marriages proceed without major legal issues, there are several situations where consulting a lawyer experienced in marriage law can be essential:

• Drafting or reviewing prenuptial agreements (pactos antenupciais)
• Assisting with marriage processes involving foreign citizens
• Clarifying property regimes and helping couples choose the best option before marriage
• Solving disputes about the legal requirements or documents needed at the Cartório
• Guiding same-sex couples or transgender individuals through unique legal considerations
• Assistance with recognition and conversion of a stable union into a legal marriage
• Handling cases of impediments, objections, or annulments
• Securing marital rights in complex family situations, for example when there are children from previous relationships

Local Laws Overview

In Goiânia, marriage is regulated mainly by the federal Civil Code, but local Cartórios may have specific protocols. Here are key aspects to be aware of:

• Civil marriage is official only after registration at a Cartório de Registro Civil
• Marriages are valid for both opposite-sex and same-sex couples
• Both individuals must be at least 16 years old, with parental consent required for those under 18
• Proof of identity, residence in Goiânia, and single status (certidão de estado civil) are required
• The default property regime is community property (Comunhão Parcial de Bens), but couples can choose another through a prenuptial agreement, registered at a notary
• Foreign nationals must provide additional documents, such as birth certificates, proof of marital status, and legal translations
• Marriage may be solemnized at the Cartório or, with approval, at other locations
• Publication of marriage banns is mandatory, generally lasting 15 days, to allow for any legal objections
• Stable unions can be converted into marriages through legal processes

Frequently Asked Questions

What documents do I need to get married in Goiânia?

Generally, both parties must present their birth certificates, identity documents (RG or foreign equivalent), proof of residence in Goiânia, and if previously married, divorce or death certificates of the former spouse. Foreigners need legally translated documents and may need to prove their legal capacity to marry.

How long does the marriage process take?

From submitting the application to the ceremony, the process usually takes about 30 to 45 days, mainly due to the required publication period for marriage banns.

Can foreigners get married in Goiânia?

Yes, foreigners can marry Brazilians or other foreigners, but must provide valid identification, a birth certificate, and proof of single status, all with certified translations and legalizations if required.

What is a prenuptial agreement and do I need one?

A prenuptial agreement is a legal contract signed before marriage to define the property regime or specify how assets will be managed during the marriage. It is only necessary if the couple chooses a property regime other than the default.

Is same-sex marriage legal in Goiânia?

Yes, same-sex marriage has been recognized in Brazil since a 2013 National Justice Council resolution and is performed without restriction at Cartórios in Goiânia.

Can I convert a stable union into a legal marriage?

Yes, those in a legally recognized stable union (união estável) can apply to have the union converted into a marriage at the civil registry.

What happens if there is an objection to our marriage?

Objections, also known as "impedimentos," must be resolved legally before a judge. You may need legal representation to address and overcome objections.

Do I have to change my last name after getting married?

The choice to adopt your spouse’s surname is optional. If you decide to change your name, it must be declared in the marriage application. Name changes become official upon marriage registration.

How do property regimes work in marriage?

The default regime in Brazil is partial community property, which means assets acquired during the marriage belong to both spouses. Other regimes, such as total separation or universal community property, can be chosen through a prenuptial agreement.

What should I do if I lose my marriage certificate?

You can obtain a second copy (segunda via) of your marriage certificate from the same civil registry office where it was issued, providing identification and paying a small fee.

Additional Resources

• Cartório de Registro Civil: Civil registry offices in Goiânia handle all marriage applications and certificates. They offer guidance on procedures, required documents, and deadlines.
• Defensoria Pública do Estado de Goiás: The Public Defender's Office provides free legal assistance for those who cannot afford a private lawyer, including marriage-related matters.
• Ordem dos Advogados do Brasil - Seção Goiás (OAB-GO): The local Bar Association can refer you to qualified family lawyers with expertise in marriage law.
• Secretaria de Direitos Humanos e Políticas Afirmativas: This state secretariat assists with issues related to civil rights, including marriage equality and stable unions.
• Local Family Law Attorneys: For personalized assistance, contacting a lawyer experienced in marriage and family law in Goiânia is highly recommended.

Next Steps

If you are considering marriage in Goiânia or facing a legal issue related to marriage, here is how you can proceed:

• Gather all required personal and identification documents, especially if either party is a foreigner or has been previously married.
• Visit or contact your local Cartório de Registro Civil to inquire about specific procedures and fees in your area.
• If you anticipate legal complications or wish to set up a prenuptial agreement, schedule a consultation with a family law lawyer in Goiânia.
• If you cannot afford legal representation, contact the Defensoria Pública for free legal aid.
• Clarify your preferred property regime ahead of time and discuss it with your partner and your lawyer if necessary.
• Stay informed on all deadlines, including the waiting period for marriage banns and document validity dates.
• Request official copies of all documents and keep them safe for future reference.

Consulting with legal professionals and using government support services are the best ways to ensure your marriage in Goiânia proceeds smoothly and in accordance with the law.