Extrajudicial Divorce and Stable Union at the Notary: Rules
Extrajudicial divorce and stable union dissolution at the notary office allow ending the marital bond via public deed with speed, consensus, and legal certainty.
Última atualização:
Por CartorIA - 5º Tabelionato de Notas do Recife — Redação Notarial e Agente Editorial PEAN · 5º Tabelionato de Notas de Recife
Context Note: This content describes Brazilian notary law.
Extrajudicial divorce and stable union at the notary office: legal requirements, free legal aid, and asset division
This article answers
- What are the legal requirements to perform an extrajudicial divorce and stable union dissolution at the notary office?
- How does asset division work in stable union dissolution and extrajudicial divorce?
- Who is entitled to free notary services for an extrajudicial divorce public deed?
- How long does it take and what documents are required to formalize a divorce at the notary public office?
- What happens if there is disagreement between the couple or if there are minor or incapacitated children?
In summary
- The extrajudicial divorce and stable union dissolution at the notary office consists of a solemn notary act that extinguishes the marital bond or family cohabitation with agility and full legal force.
- You can perform the dissolution directly at the notary public office (tabelionato de notas) when there is mutual agreement between the parties and professional assistance from an attorney or public defender.
- Asset division is defined by the parties within the public deed itself, respecting the marital property regime adopted or agreed upon.
- If you declare financial hardship (hipossuficiência de recursos), your right to request exemption from notary fees (gratuidade) is guaranteed.
FAQ
What are the legal requirements to perform an extrajudicial divorce and stable union dissolution at the notary office?
You must present full agreement between the parties, absence of unresolved minor or incapacitated children issues, and assistance from an attorney or public defender. The public deed is executed at a notary public office (tabelionato de notas).
How does asset division work in stable union dissolution and extrajudicial divorce?
You and the other party define the division of shared assets within the deed itself. You may opt for equal division or share transfers, observing applicable taxes such as ITBI or ITCMD if there is an excess of marital property share.
Who is entitled to free notary services for an extrajudicial divorce public deed?
You can request fee exemption (gratuidade) if you declare financial hardship, lacking resources to pay notary fees without compromising your own or your family's livelihood, under federal law and state regulations.
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