Extrajudicial Divorce: Requirements, Fee Exemption, and Annotations

An extrajudicial divorce is an amicable procedure conducted at a notary office to dissolve a marriage in a fast and safe manner.

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Por Editorial Team of the 5th Notary Office of Recife — AI-assisted legal drafting · 5º Tabelionato de Notas de Recife

Note: This content describes Brazilian notary and registry law.

This article answers

  • Who is entitled to an extrajudicial divorce at a notary office?
  • What documents are required for an extrajudicial divorce?
  • How much does it cost and how does free legal assistance work for an extrajudicial divorce?
  • How to record the extrajudicial divorce annotation in the Civil Registry and Real Estate Registry?
  • After a new marriage, do you need to annotate the extrajudicial divorce on the new marriage certificate?

In summary

  • An extrajudicial divorce is an administrative procedure conducted at a notary office (tabelionato de notas) to dissolve a marriage by mutual consent through a public deed.
  • The act requires mutual consent between spouses, legal assistance from an attorney or public defender, and compliance with guidelines established by federal legislation.
  • The complete legal effect of an extrajudicial divorce requires a sequence of acts: formalization at the notary office, annotation at the Civil Registry of Natural Persons, and property title transfer at the Real Estate Registry.
  • Fee exemption (gratuidade) covers notary and registry fees upon filing a statement of financial hardship.

Who is entitled to an extrajudicial divorce at a notary office?

An extrajudicial divorce is an administrative means of dissolving a marriage formalized by public deed Lei nº 11.441/2007, art. 1º. It is a federal rule regulated across the country, whose specific procedures observe the normative guidelines of each state's General Corregidor's Office of Justice (Corregedoria-Geral de Justiça).

You are entitled to an extrajudicial divorce when there is full consent between the couple regarding the separation, division of assets, and eventual alimony. Legislation requires the active participation of a retained attorney or public defender to advise the parties and sign the notary act.

The notary office (tabelionato de notas) drafts the public deed to ensure legal certainty for the manifestation of will Lei nº 8.935/1994, art. 6º. The procedure is optional: parties may choose the notary route because it is faster than traditional judicial litigation.

In our article on extrajudicial divorce and stable union at a notary office, you can read more about the similarities between dissolving a marriage and dissolving a stable union (união estável).

What documents are required for an extrajudicial divorce?

To initiate an extrajudicial divorce, you must present personal identification documents and proof of assets to be partitioned to the notary office. Prior review of the documentation prevents future rectifications.

You must present an updated marriage certificate, issued within the last 90 days by the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais). This requirement ensures the absence of legal impediments or prior entries that could interfere with the notary act.

The documents required for an extrajudicial divorce include:

  • Official photo identification document (RG or CNH) and CPF (Individual Taxpayer Registry) of both spouses;
  • Updated marriage certificate issued recently;
  • Identification documents and OAB (Brazilian Bar Association) registration of the assisting attorney;
  • Birth certificate of children, if any;
  • Ownership documents for real estate (updated property registration certificate / matrícula);
  • Ownership documents for personal property or vehicles;
  • Proof of payment of transfer tax (ITCMD or ITBI), if the partition involves an unequal division of assets.

In our detailed text on requirements and documentation for extrajudicial divorce at a notary office, we offer additional guidance on how to organize your document file.

The cost of an extrajudicial divorce consists of notary and registry fees (emolumentos). The fee schedule is set by specific state legislation in each federal unit, varying depending on whether there is a partition of real estate.

When an extrajudicial divorce does not involve property partition, the cost corresponds to a deed without declared financial value. If there is property partition, the calculation uses a progressive fee scale based on the total value of the divided assets.

Free notarial and registry acts (gratuidade) are guaranteed to citizens who declare financial hardship. This guarantee stems from federal regulations preventing the collection of notary fees from individuals who cannot afford them without endangering their own or their family's livelihood Provimento CNJ nº 149/2023, Livro II.

To request fee exemption for an extrajudicial divorce, you must sign a statement of financial hardship (declaração de hipossuficiência). The notary office accepts the request to execute the public deed without charging fees, extending the exemption to the registry annotation.

How to record the extrajudicial divorce annotation in the Civil Registry and Real Estate Registry?

Executing the public deed of extrajudicial divorce at the notary office does not finalize the process. Updating marital status and transferring real estate ownership depend on annotations (averbações) and registrations at the competent registry offices.

You must bring the official transcript (traslado) of the extrajudicial divorce deed to the Civil Registry of Natural Persons where the marriage was registered Lei nº 8.935/1994, art. 1º. The registrar records the annotation in the margin of the marriage record, updating the applicants' marital status to divorced.

If the couple divided real property in the public deed, you must present the title to the Real Estate Registry (Registro de Imóveis) where the assets are registered. Registration formally transfers ownership according to the shares stipulated in the extrajudicial divorce agreement Lei nº 10.406/2002 — Código Civil, art. 1º.245.

Learn more about registry stages in our article on divorce annotation in the civil registry.

After a new marriage, do you need to annotate the extrajudicial divorce on the new marriage certificate?

No. An extrajudicial divorce regarding a previous marriage should not be annotated on the record of a new marriage. Each act of civil status has its own record and defined chronological order.

The extrajudicial divorce annotation must be made exclusively on the certificate of the marriage that was dissolved. This entry terminates the previous marital bond and updates your personal history in the Civil Registry of Natural Persons.

When you decide to remarry, you present the first marriage certificate featuring the extrajudicial divorce annotation during the marriage qualification process (habilitação matrimonial). The new marriage certificate is then issued registering your correct prior marital status as divorced.

If a subsequent termination of the new marriage occurs, the out-of-court or judicial dissolution of this second marriage will generate a new annotation, entered into the record of the second marriage.

Checklist of documents

To ensure the smooth handling of your extrajudicial divorce procedure at the notary office, prepare the following items:

  • [ ] Updated marriage certificate (issued within the last 90 days);
  • [ ] Official identification document (RG or CNH) and CPF of the spouses;
  • [ ] Updated proof of residence of both divorcing spouses;
  • [ ] Professional identification document (OAB card) of the assisting attorney;
  • [ ] Draft agreement containing the terms of extrajudicial divorce, property partition, and alimony;
  • [ ] Property registration certificate (certidão de matrícula) for real estate (issued within the last 30 days);
  • [ ] Proof of ownership documents for personal assets and vehicles;
  • [ ] Tax payment clearance receipt for transfer taxes, if asset division is unequal;
  • [ ] Signed statement of financial hardship, if requesting fee exemption.

In practice

Case 1: Consensual divorce with no divisible property

A couple decides to end their marriage amicably. They have no minor children and acquired no real estate during the union.

Resolution: With the assistance of an attorney, the couple submits an updated marriage certificate to the notary office. The notary executes the public deed of extrajudicial divorce on the same day. Subsequently, the transcript is submitted to the Civil Registry of Natural Persons for annotation on the marriage certificate, completing the change of civil status.

Case 2: Divorce with real estate partition and request for fee exemption

A couple seeks an extrajudicial divorce. Their common assets consist of a single property. Spouses without sufficient financial resources request fee exemptions.

Resolution: The spouses present a statement of financial hardship to the notary office alongside the property documentation. The notary reviews the documentation and executes the public deed of extrajudicial divorce without charging fees. The transcript is brought to the competent Real Estate Registry, where the annotation of marital status change and registration of property partition occur exempt from fees.

Common mistakes

  • Failing to record the public deed at the Civil Registry: Executing the public deed of extrajudicial divorce at the notary office formalizes the parties' intent, but marital status is only updated publicly upon annotation at the Civil Registry of Natural Persons.
  • Failing to register the partition at the Real Estate Registry: Signing the extrajudicial divorce deed does not automatically transfer real estate ownership. The property transfer depends on registering the transfer instrument on the property registration file (matrícula).
  • Submitting an outdated marriage certificate: Presenting a certificate issued more than 90 days prior prevents the execution of an extrajudicial divorce, as the notary office must verify that there are no recent legal impediments logged.
  • Attempting to annotate a prior divorce on a new marriage certificate: Requesting the annotation of a past extrajudicial divorce on the record of a new marriage is incorrect; the annotation is entered solely in the record of the marriage that was dissolved.
  • Lei nº 11.441/2007, art. 1º — Authorizes consensual divorce and separation via public deed at notary offices. Available at: Planalto - Law No. 11,441/2007 Lei nº 11.441/2007, art. 1º.
  • Lei nº 10.406/2002 (Código Civil - Civil Code), art. 215 — Establishes that public deeds executed at notary offices serve as full proof of legal acts. Available at: Planalto - Civil Code Lei nº 10.406/2002 — Código Civil, art. 215.
  • Lei nº 10.406/2002 (Código Civil - Civil Code), art. 1º.245 — Regulates the transfer of real estate property through registration of the title at the Real Estate Registry. Available at: Planalto - Civil Code Lei nº 10.406/2002 — Código Civil, art. 1º.245.
  • Lei nº 8.935/1994, art. 1º — Defines notary and registry services as those organized to guarantee publicity, authenticity, security, and efficacy. Available at: Planalto - Law No. 8,935/1994 Lei nº 8.935/1994, art. 1º.
  • Provimento CNJ nº 149/2023, Book II — Consolidates general extrajudicial rules for divorce acts and public registration. Available at: CNJ Portal - Provimento No. 149/2023 Provimento CNJ nº 149/2023, Livro II.

Frequently asked questions

Who is entitled to an extrajudicial divorce at a notary office?

A couple who agrees on the separation and division of property is entitled to an extrajudicial divorce, provided they meet the normative requirements of the National Council of Justice (Conselho Nacional de Justiça - CNJ). The act requires the presence or representation of an attorney and the signing of a public deed at a notary office.

What documents are required for an extrajudicial divorce?

An updated marriage certificate, identity documents, CPF, proof of residence, and the property partition plan are required. If real estate is involved, an updated property registration certificate (certidão de matrícula) and proof of transfer tax clearance are required.

The fees charged by the notary office and civil registry follow the official fee schedule set by state law. Individuals who declare financial hardship are entitled to full fee exemption (gratuidade) for the notary act and registry annotation.

How to record the extrajudicial divorce annotation in the Civil Registry and Real Estate Registry?

After the public deed is executed at the notary office, you must present the transcript (traslado) to the Civil Registry of Natural Persons to update marital status on the marriage certificate. If real estate is partitioned, you must register the title at the competent Real Estate Registry.

After a new marriage, do you need to annotate the extrajudicial divorce on the new marriage certificate?

No. The extrajudicial divorce relating to the first marriage is annotated exclusively on the original marriage record. The new marriage certificate issued for a subsequent union will already indicate your previous civil status as divorced.

Editorial Team: 5th Notary Office of Recife (5º Tabelionato de Notas do Recife)

Legal review: August 29, 2026

Version: 1.0

Territorial scope: National (Federal rule with state-level specificities)

Boilerplate: Content produced by CartorIA based on official normative sources, indicating territorial scope and date of latest legal review. Informational content; does not substitute professional legal counsel for specific cases.

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